zoning ordinance - Town of Cumberland

Sec. 608Outside Consulting FeesNotwithstanding any other ordinance provision to the contrary and inaddition to such fees as are otherwise specified by law, the Town shallassess a fee to cover 100 percent of its costs for outside engineering,planning, legal and similar professional consulting services. Such feesshall be subject to the following limitations:.1 They must be expressly provided by ordinance;.2 The ordinance must require review which is beyond the expertise ofTown staff members;.3 They must be reasonable in amount based upon the time involvedand the complexity of the review;.4 The results shall be available for public review, but shall be deemedto have been made solely for the benefit of the Town and shallremain its property;.5 They shall be assessed for the privilege of review and so be payablewithout regard to their results or the outcome of the application; and.6 Any dispute, regarding the application of this section or the amountrequired to be paid either in advance or upon completion, may beappealed in writing within 10 days to the Town Manager who may,after due notice and investigation and for good cause shown, affirm,modify or reverse the disputed decision or reduce the amountassessed. Until the Town Manger has resolved the dispute, noportion of the project review for which the consulting fee is indispute may go forward unless the applicant has paid or otherwisemade satisfactory provision therefore, and no portion of the projectreview may go forward..7 Where the amount of such fee may exceed $1,000, reasonableprovision must be made in advance to guarantee payment. If thebalance in the special account shall be drawn down by 75%, theTown shall notify the applicant, require that an additional amount bedeposited to cover the remaining work, and no portion of the projectreview, for which the additional consulting fee is required, may goforward unless the applicant has paid or otherwise made satisfactoryprovision therefore. The Town shall continue to notify the applicantand require an additional amount be deposited as necessarywhenever the balance of the account is drawn down by 75% of theZoning Ordinance 203 Town of Cumberland