Any person aggrieved by a violation or apparent violation of the provisions of this Chapter may file a written complaint with the Zoning Enforcement Officer, who shall immediately investigate such complaint and take legal action to have the violation penalized and removed if such a violation is found to exist.

(Prior code 70-115)

(a)

Application fee. The applicant for a development review approval pursuant to Chapter 16 of this Code shall pay a nonrefundable application fee upon filing the application in an amount approved by the Town Council pursuant to Section 2-381 et seq. The application fee may include a credit for a designated number of hours of staff fees as described below.

(b)

Payment of fees and costs. The applicant for a development review approval pursuant to Chapter 16 of this Code shall reimburse the Town for any and all costs, staff fees and consultant fees incurred by the Town during and after a review process associated with the property. Costs include, but are not limited to, publication fees, recording fees and any other actual out-of-pocket costs incurred by the Town with regard to the property. Staff fees include, but are not limited to, reimbursement for time spent by the Town Manager, Town Planning staff, and the Public Works staff for inspection, review and other work performed with regard to the development application at hourly rates established by the Town Council pursuant to Section 2-381 et seq. Consultant fees shall include, but are not limited to, all actual out-of-pocket costs incurred by the Town in connection with the applicant's development review application for consultants providing the Town legal, engineering, planning and other professional advice, which consultants are not on Town staff, at the rate of the amount actually paid by the Town for such review and advice. Additionally, to partially defray administrative handling and review costs incurred by the Town with regard to the property, the applicant for any development review application shall pay to the Town an administrative fee in an amount equal to fifteen percent (15%) of all of the costs and consultant fees. Collectively, the costs, staff fees, consultant fees and administrative fees are referred to in this Section as review expenses.

(c)

Deposit requirement. To secure the payment of the Town's review expenses, all applicants filing applications pursuant to this Chapter shall pay to the Town a deposit in an amount approved by the Town Council pursuant to Section 2-381 et seq. In the event the applicant's deposit exceeds the actual review expenses owed to the Town pursuant to Subsection (a) above, upon completion of all aspects of the development review, including the payment of all costs associated therewith, such excess deposit shall be refunded to the applicant within a reasonable time after final action by the Town or withdrawal of the application and payment of all costs associated with the application.

(d)

Monthly payment and interest. The Town will bill the applicant on a monthly basis for all review expenses. All bills for review expenses are due and payable to the Town within fifteen (15) days of the date of the bill. Interest shall be charged on any overdue amounts unpaid within one (1) month of the date of the bill until paid at an interest rate set by the Town Council pursuant to Section 2-381 et seq.

(e)

Continuing obligation. By filing an application for development review under this Chapter and accepting the benefits thereof, a property owner agrees and acknowledges that there shall be a continuing and binding obligation on the applicant so long as the applicant owns the property and any future owners of the property to reimburse the Town for any and all expenses associated with the property incurred by the Town for counseling and advice, including, but not limited to, monitoring compliance with development approvals, enforcement of development permits or approvals, participation in litigation or depositions (whether or not the Town is a party), consideration of potential amendments to development approvals, and any other expenses directly associated with the property and incurred by the Town.

(f)

Reimbursement agreement. On filing an application for development pursuant to this Chapter, the applicant shall enter a reimbursement agreement with the Town providing for the payment to the Town of the application fee, deposit and review expenses and acknowledging the continuing obligation to pay such review expenses.

(g)

Processing applications. No application for development review pursuant to this Chapter shall be processed until such time as the application fee and the deposit required above have been paid and the reimbursement agreement required above has been executed by the applicant. If at any time during the review of a development application the applicant shall not have paid its bill for review expenses in a timely manner, then all processing of the application, including staff review and scheduled hearings, shall cease until such time as the applicant pays all amounts outstanding.

(h)

Use of fees. The fees and expenses paid and collected by virtue of this Section shall not be used for general or other governmental proprietary purposes of the Town, except to pay each new development's equitable share of the costs of accounting, planning, management, administration and government of the Town, and to pay each new development's costs and expenses. Other than as described in this Section, the fees charged herein shall be used solely to pay for the costs of planning, operation, administration, maintenance, repair, improvement, renewal, replacement, reconstruction or other services provided by the Town on behalf of or as a result of new development within the Town.

(Ord. 28 §3, 1990; Ord. 13 §3, 1991; Ord. 32 §§3-5, 1996; Ord. 12 §B40, 2003)

In order to prevent undesirable traffic congestion of State Highway 82, the owners of the property zoned commercial lying across from the Basalt School and adjacent to State Highway 82 on one (1) side, the Roaring Fork River on another side and the Emma County Road on a third side shall be provided no more than one (1) entrance and one (1) exit to the entire commercial district from State Highway 82.

(Prior code 70-118)

All existing areas with approved plans and PUD zoning shall be allowed the same uses, square footage of development and densities as previously approved regardless of new zoning districts applied to the property. Existing PUD zoned areas will retain the PUD designation. In the event that the previously approved plans are submitted to the Town for revision or for replatting, then the provisions of the revised Zoning Ordinance shall then apply.

(Prior code 70-119)

To help offset the financial impact of new residential development on school districts serving the Town, the school district impact fee required by Section 17-16 must be paid within ten (10) days of the final approval of any special review use or PUD development plan which increases the number of Equivalent Residential Units required for residential purposes on the property. The school district impact fee shall be due and payable under this Section unless it has already been paid as part of the subdivision process.

(Prior code 70-120)