Shapleigh City Zoning Code
ARTICLE VII
Administration
§ 105-62 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer appointed by the municipal officers.
§ 105-63 Application for and issuance of permits.
[Amended 3-7-2025 ATM by Art. 10]
A.
All applications for permits shall be submitted, in writing, to the Code Enforcement Officer on forms provided for the purpose. Applications for a residential (dwelling unit) building permit must be accompanied by a growth permit issued by the Planning Board.[1]
B.
Within seven days of the filing of an application for a permit, the Code Enforcement Officer shall approve, deny or refer to the Planning Board for a conditional use permit all such applications. His decision shall be in writing on a form designed for the purpose, and communicated directly to the applicant. One copy of the Code Enforcement Officer's decision shall be filed in the municipal office. In cases where the Code Enforcement Officer deems that a conditional use permit is required, he shall also provide a copy of his decision to the Planning Board.
C.
No building permit for a building or structure on any lot shall be issued except to the owner of record thereof, or his authorized agent, until the proposed construction or alteration of a building or structure shall comply in all respects with the provisions of this chapter or with a decision rendered by the Board of Appeals or the Planning Board. Any application for such permit shall be accompanied by a plan, accurately drawn to scale, showing the actual shape and dimensions of the lot to be built upon, an on-site soils survey in accord with the U.S.D.A. Soil Conservation Service National Cooperative Soil Survey, the exact location and size of all buildings or structures already on the lot, the location of the new buildings to be constructed, together with the lines within which all buildings and structures are to be constructed, the existing and intended use of each building or structure and such other information as may be necessary to provide for the execution and enforcement of this chapter.
(1)
The Code Enforcement Officer shall not grant final approval/occupancy on any building, plumbing, excavation, wall, (etc.), permit until all conditions of the approved plan have been met as they were approved by the Planning Board, as well as all applicable State and local requirements.
D.
Applications for permits with their accompanying plans and building permits shall be maintained as a permanent record by the municipal officers or the Code Enforcement Officers.
E.
A building permit secured under the provisions of this chapter shall expire if the work or change is not commenced within one year of the date on which the permit is granted, and if the work or change is not substantially completed within two years of the date on which the permit is granted.
F.
When the Code Enforcement Officer has reason to believe that the proposed construction would not be in compliance with other local regulations or state laws, he shall not issue any building permit until all questions have been resolved to his satisfaction. When a violation of subdivision standards is believed to exist, the Planning Board shall be given the opportunity to examine the proposal.
§ 105-64 Plumbing permit required.
No building permit shall be issued for any structure or use involving the construction, installation or alteration of plumbing facilities unless a valid plumbing permit has been secured by the applicant or his authorized agent in conformance with the sanitary provisions of this chapter.[1]
§ 105-65 Fees.
[Amended 3-10-1984 ATM by Art. 5; 3-9-1985 ATM by Art. 7; 8-31-1985 STM by Art. 4; 3-12-1988 ATM by Art. 65; 3-10-1990 ATM by Art. 31; 3-14-1992 ATM by Art. 26]
A.
No permit shall be issued by the Code Enforcement Officer or the Planning Board without payment of a fee according to the schedule set forth by a committee comprised of a Selectman, the Code Enforcement Officer, Planning Board Chairman and a Budget Committee member. Fees are to be set by majority vote of the committee and will become effective 30 days from the date of the vote. Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay the after-the-fact permit fee fixed by the schedule.
[Amended 3-13-1999 ATM by Art. 66]
B.
All fees collected by the Code Enforcement Officer shall be turned over to the Town Treasurer at the end of each week to be deposited to the general account of the Town.
§ 105-66 Notice of violation.
[Amended 3-7-2025 ATM by Art. 11]
A.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is being violated, he shall notify, in writing, such violator, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings, structures, additions or work being done, or shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
B.
All notices of violation must set a clear expectation and deadline date of remediation, which shall be no longer than 30 days from the postmark of the notice.
§ 105-67 Legal action to enforce provisions.
When any violation of any provision of this chapter shall be found to exist, the Municipal Attorney, as designated by the municipal officers, either on his own initiative or upon notice from the Code Enforcement Officer, is hereby authorized and directed to institute any and all action and proceedings, either legal or equitable, that may be appropriate or necessary to enforce the provisions of this chapter in the name of the municipality.
§ 105-68 Violations and penalties.
[Amended 3-14-1992 ATM by Art. 27; 6-30-2009 STM]
All violations and penalties shall be in accordance with 30-A M.R.S.A. § 4452.
§ 105-69 Liability of contractors for penalties.
Any person, firm, construction company, contractor or individual carpenter employed to prepare a site, construct or erect a structure hereafter will be held liable and subject to full penalties of this chapter along with the property owner.
§ 105-70 (Reserved) [1]
§ 105-71 Board of Appeals.
A.
Establishment. A Board of Appeals is hereby established in accordance with state law and the provisions of this chapter.
B.
Appointment and composition.
(1)
The Board of Appeals shall be appointed by the municipal officers and shall consist of five members and two alternates, who shall be legal residents of the municipality, serving staggered terms of at least three years and not more than five years. The Board shall elect annually a Chairman and a Secretary from its membership. The Secretary shall keep the minutes of the proceedings of the Board, which shall show the vote of each member upon each question. All minutes of the Board shall be public record. A quorum shall consist of three members.
(2)
A municipal officer or the spouse of a municipal officer may not serve as a member.
(3)
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by majority vote of the members, except the member who is being challenged.
(4)
A member of the Board may be dismissed for cause by the municipal officers upon written charges and after public hearing.
C.
Powers and duties of the Board of Appeals. The Board of Appeals shall have the following powers:
[Amended 3-9-1985 ATM by Art. 7; 3-13-1993 ATM by Art. 65; 3-13-1999 by Art. 65; 3-14-2009 ATM by Art. 6]
(1)
Administrative appeals: to hear and decide administrative appeals, on an appellate basis, where it is alleged by an aggrieved party that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Planning Board in the administration of this chapter; and to hear and decide administrative appeals on a de novo basis where it is alleged by an aggrieved party that there is an error in any order, requirement, decision or determination made by, or failure to act by, the Code Enforcement Officer in his or her review of an action on a permit application under this chapter. Any order, requirement, decision or determination made, or failure to act, in the enforcement of this chapter is not appealable to the Board of Appeals.
(2)
Variance appeals: to authorize variance upon appeal, within the limitations set forth in this chapter.
D.
Variance appeals. Variances may be granted only under the following conditions:
[Added 3-14-2009 ATM by Art. 6]
(1)
Variances may be granted only from dimensional requirements including, but not limited to, lot width, structure height, percent of lot coverage, and setback requirements. Any such variance granted by the Board shall be the minimum variance from the terms of the chapter as will allow for the resolution of the hardship pleaded, and not necessarily the full variance sought by the applicant.
(2)
Variances shall not be granted for establishment of any uses otherwise prohibited by this chapter.
(3)
The Board shall not grant a variance unless it finds that:
(a)
The proposed structure or use would meet the provision of land use standards of this chapter except for the specific provision which has created the nonconformity and from which relief is sought; and
(b)
The strict application of the terms of this chapter would result in undue hardship. The term "undue hardship" shall mean:
[1]
That the land in question cannot yield a reasonable return unless a variance is granted;
[2]
That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
[3]
That the granting of a variance will not alter the essential character of the locality; and
[4]
That the hardship is not the result of action taken by the applicant or a prior owner.
(c)
Hardship is not, therefore, a condition experienced by an individual. It is a characteristic of the property itself. Moreover, when a variance is granted, it attaches to that property and can be transferred to subsequent owners.
(4)
Notwithstanding Subsection D(3)(b) above, the Board of Appeals may grant a variance to an owner of a residential dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
(5)
The Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of this chapter to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
(6)
When the property lies within the Shoreland Zone, a copy of each variance request, including the application and all supporting information supplied by the applicant, shall be forwarded by the municipal officials to the Commissioner of the Department of Environmental Protection at least 20 days prior to action by the Board of Appeals. Any comments received from the Commissioner prior to the action by the Board of Appeals shall be made part of the record and shall be taken into consideration by the Board of Appeals.
E.
Administrative appeals.
[Added 3-14-2009 ATM by Art. 6]
(1)
When the Board of Appeals reviews a decision of the Code Enforcement Officer, the Board of Appeals shall hold a "de novo" hearing. At this time the Board may receive and consider new evidence and testimony, be it oral or written. When acting in a "de novo" capacity, the Board of Appeals shall hear and decide the matter afresh, undertaking its own independent analysis of evidence and the law, and reaching its own decision.
(2)
When the Board of Appeals hears a decision of the Planning Board, it shall hold an appellate hearing, and may reverse the decision of the Planning Board only upon finding that the decision was contrary to specific provisions of the chapter or contrary to the facts presented to the Planning Board. The Board of Appeals may only review the record of the proceedings before the Planning Board. The Board of Appeals shall not receive or consider any evidence which was not presented to the Planning Board, but the Board of Appeals may receive and consider written or oral arguments. If the Board of Appeals determines that the record of the Planning Board proceedings are inadequate, the Board of Appeals may remand the matter to the Planning Board for additional fact finding. The Board of Appeals may not alter the conditions attached by the Planning Board.
§ 105-72 Appeal procedure.
[Amended 3-10-1984 ATM by Art. 5; 3-13-2004 ATM; 3-19-2005 ATM by Art. 18; 3-14-2009 ATM by Art. 7]
A.
Making an appeal.
(1)
An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board, except for the enforcement-related matters as described in § 105-71C(1) above. Such an appeal shall be taken within 30 days of the date of the official, written decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty-day requirement.
(2)
Applications for appeals shall be made by filing with the Board of Appeals a written notice of appeal on forms provided by the Board of Appeals which includes:
(3)
Upon receiving an application for an administrative appeal or a variance, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.
B.
Appeal procedures.
(1)
Before taking action on any appeal, the Board of Appeals shall hold a public hearing. In appeals involving the use of buildings or premises, the Board of Appeals shall notify by certified mail the applicant and the owners of all property within 500 feet of the property involved, at least 10 days in advance of the hearing, of the nature of the appeal and the time and place of the public hearing.
(2)
In the case of appeals involving space and bulk regulations or interpretation, the Board of Appeals shall notify by certified mail the applicant and only the owners of property abutting the property for which appeal is taken, at least 10 days in advance of the hearing, of the nature of the appeal and of the time and place of the public hearing thereon. For the purpose of this section, abutting properties shall include properties directly across a street from the property for which the appeal is made. Owners of property which is located within 500 feet of the appellant's land, on the opposite side of any water body or watercourse, shall be notified of the public hearing. This shall include properties in other towns, when they satisfy the above criteria.
(3)
The owners of property shall be considered to be those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.
(4)
Following the filing of an appeal, the Board of Appeals shall hold a public hearing on the appeal within 30 days of its next regular meeting. The Board of Appeals shall notify the Code Enforcement Officer and the Planning Board, at least 20 days in advance, of the time and place of the hearing, shall publish notice of the hearing at least 10 days in advance in a newspaper of general circulation in the area and shall post hearing notices in the locations where Town Meeting warrants are normally posted.
(5)
At any hearing, a party may be represented by an agent or attorney, provided that an authorization signed by the owner is presented to the Appeals Board. Hearings shall not be continued to other times except for good cause.
(6)
The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs or other materials he deems appropriate for an understanding of the appeal.
(7)
The appellant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chair.
C.
Decision by Board of Appeals.
(1)
A majority of the full voting membership of the Board shall constitute a quorum for the purpose of deciding an appeal. A majority vote of the full voting membership is required to grant a variance or approve an administrative appeal.
(2)
The person filing the appeal shall have the burden of proof.
(3)
The Board shall decide all administrative appeals and variance appeals within 35 days after the close of the hearing, and shall issue a written decision on all appeals.
(4)
The Board of Appeals shall state the reason and basis for its decision, including a statement of facts found and conclusions reached by the Board. The Board shall cause written notice of its decision to be mailed or hand-delivered to the applicant within seven days of the Board's decision. Copies of written decisions of the Board of Appeals shall be given to the Planning Board, Code Enforcement Officer, and the municipal officers.
(a)
When the property is located in the Shoreland Zone the Board shall cause written notice to be mailed to the Department of Environmental Protection within seven days of the Board's decision.
(5)
Upon notification of the granting of the appeal by the Board of Appeals, the Code Enforcement Officer shall immediately issue a building permit in accordance with the conditions of the approval.
(6)
A variance under the provisions of this chapter secured by vote of the Board of Appeals shall expire if the work or change involved is not commenced within two years of the date on which the appeal is granted and if the work or change is not substantially completed within two years of the date on which the appeal is granted.
[Amended 3-19-2005 ATM by Art. 18]
(7)
All variances granted relating to setbacks shall require confirmation in writing by a licensed surveyor that the placement of the structure is correct per the specifications approved by the variance.
[Added 3-13-2004 ATM]
D.
Appeal to Superior Court. Except as provided by 30-A M.R.S.A. § 2691(3)(F), an aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within 45 days from the date of any decision of the Board of Appeals.
E.
Reconsideration.
(1)
In accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of Appeals may reconsider any decision within 45 days of its prior decision. A request to the Board to reconsider a decision must be filed within 10 days of the decision that is being reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and other parties of interest, including abutters and those who testified at the original hearing(s). The Board may conduct additional hearings and receive additional evidence and testimony.
(2)
Appeal of a reconsidered decision to Superior Court must be made within 15 days after the decision on reconsideration.
F.
Fees. Fees for all applications for appeals shall be set by the committee established and described in § 105-65A above. The fee structure for appeals shall include the following fees for the Board of Appeals to use, if the Board determines it necessary, to hire independent consulting services to review the application:
(1)
The applicant shall pay into a special account the cost to the Town of hiring independent consulting services. The fee shall be determined after the Board of Appeals has secured an estimate of the cost of the services and the applicant has seen the estimate.
(2)
If the balance in the special account is drawn down by 75%, the Board shall notify the applicant and require an additional amount. Any balance in the account remaining after a final decision on the application shall be returned to the applicant.
§ 105-73 Conditional use permits.
[Amended 3-10-1984 ATM by Art. 5; 3-12-1988 ATM by Art. 66]
A.
Authorization. The Planning Board is hereby authorized to hear and decide upon applications for conditional use permits in accordance with state law and the provisions of this chapter. The Board shall approve, approve with modifications or conditions or disapprove an application for a conditional use permit. No conditional use permit shall be authorized unless specific provision for such conditional use is made in this chapter.
[Amended 3-13-1993 ATM by Art. 65]
B.
Existing conditional use of structure.
[Amended 3-13-1993 ATM by Art. 65]
(1)
A conditional use which existed prior to the effective date of this chapter may not be changed to another conditional use nor substantially expanded or altered except in conformity with all regulations of this chapter pertaining to conditional uses. Substantial expansion shall be defined as:
(2)
No changes shall be made in any approved conditional use without approval of the change by the Planning Board.
(3)
A conditional use which is discontinued for a period of one year shall not be resumed.
[Added 3-17-2001 ATM by Art. 12]
C.
Application procedure. A person informed by the Code Enforcement Officer that he requires a conditional use permit shall file an application for the permit with the Planning Board on forms provided for the purpose. The applicant shall be responsible for a filing fee which covers administrative and legal advertisement costs.
(1)
All plans for conditional uses presented for approval under this section shall be drawn at a scale of not smaller than one inch equals 50 feet and show the following information unless the Planning Board waives these requirements:
(2)
The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Planning Board all plans, photographs or other material he deems appropriate of an understanding of the application.
(3)
The applicant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chair.
D.
Meeting with applicant; public hearing. Following the receipt of the complete application by the Planning Board, the Board shall hold a meeting with the applicant to obtain a more detailed description of the proposed use and to discuss submissions requirements and concerns of the Board. The Board may also decide to request the submission of additional information from the Code Enforcement Officer, the Fire Chief, other knowledgeable officials and persons with knowledge or expertise pertaining to the application. Before taking action on any application, the Planning Board may hold a public hearing on the application within 40 days. The Board shall notify the Code Enforcement Officer and municipal officers and shall publish notice as to the time, place and subject matter of the hearing at least 10 days in advance in a newspaper of general circulation in the area.
[Amended 3-13-1999 ATM by Art. 63]
(1)
The Board shall notify by regular United States mail, first class, postage prepaid, the applicant and the owners of all property within 500 feet of the property involved at least 10 days in advance of the hearing, of the nature of the application and of the time and place of the public hearing.
(2)
The owners of property shall be considered to be those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing nor invalidate any action by the Planning Board.
[Amended 3-19-2005 ATM by Art. 18]
(3)
The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Planning Board all plans, photographs or other material he deems appropriate for an understanding of the application.
(4)
The applicant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chair.
E.
Projects needing Board of Appeals review. When an applicant needs a variance from a requirement in this chapter before the Planning Board is able to approve the application as submitted, an appeal may be submitted to the Board of Appeals prior to final action by the Planning Board. If an appeal is filed with the Board of Appeals prior to the Planning Board making a final decision, the Planning Board shall table final action on the application pending the Board of Appeal's decision and shall notify the Board of Appeals of that action.
F.
Decision.
(1)
Within 40 days of the public hearing, the Planning Board shall reach a decision on a conditional use and shall inform, in writing, the applicant, the Code Enforcement Officer and municipal officers of its decision and shall prepare a detailed finding of facts and conclusions. Upon notification of the decision of the Planning Board, the Code Enforcement Officer, as instructed, shall immediately issue, issue with conditions prescribed by the Board or deny a building permit, if applicable.
[Amended 3-10-1990 ATM by Art. 32]
(2)
A conditional use permit secured under the provisions of this chapter by vote of the Planning Board shall expire if the work or change involved is not commenced within two years of the date on which the conditional use is authorized.
(3)
A conditional use permit tabled at the request of the applicant or planning board shall expire if after 90 days the applicant does not return before the planning board with new information in order to continue with the application process.
[Added 3-12-2011 ATM by Art. 6[1]]
[1]
Editor's Note: Article 6 also provided for the renumbering of former Subsection F(3) as Subsection F(4).
(4)
An appeal may be taken within 30 days after a decision is rendered to Superior Court.
G.
Standards applicable to conditional uses. It shall be the responsibility of the applicant to demonstrate that the proposed use meets all of the following criteria. The Board shall approve the application unless it makes written findings that one or more of these criteria have not been met.
(1)
The use will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat.
(2)
The use will conserve shore cover and visual, as well as actual, access to water bodies.
(3)
The use is consistent with the Comprehensive Plan.
(4)
Traffic access to the site is safe.
(5)
The site design is in conformance with all municipal flood hazard protection regulations.
(6)
Adequate provision for the disposal of all wastewater and solid waste has been made.
(7)
Adequate provision for the transportation, storage and disposal of any hazardous materials has been made.
(8)
A stormwater drainage system capable of handling a fifty-year storm without adverse impact on adjacent properties has been designed.
[Amended 3-19-2005 ATM by Art. 18]
(9)
Adequate provisions to control soil erosion and sedimentation have been made.
(10)
There is adequate water supply to meet the demands of the proposed use, and for fire protection purposes.
(11)
The provisions for buffer strips and on-site landscaping provide adequate protection to neighboring properties from detrimental features of the development, such as noise, glare, fumes, dust, odors and the like.
(12)
All performance standards in this chapter applicable to the proposed use will be met.
H.
Conditions attached to conditional uses.
(1)
Upon consideration of the factors listed above, the Planning Board may attach such conditions, in addition to those required in this chapter, that it finds necessary to further the purposes of this chapter. Violation of any of these conditions shall be a violation of this chapter. Such conditions may include but are not limited to:
(a)
Specifications for type of vegetation, increased setbacks and yards.
(b)
Specified sewage disposal and water supply facilities.
(c)
Landscaping and planting screens.
(d)
Period of operation.
(e)
Operational controls.
(f)
Professional inspection and maintenance.
(g)
Sureties.
(h)
Deed restrictions.
(i)
Restrictive covenants.
(j)
Locations of piers, docks, parking and signs.
(k)
Type of construction.
(l)
Any other conditions necessary to fulfill the purposes of this chapter.
(2)
In evaluating each application, the Board may request the assistance of the County Soil and Water Conservation District, a state or federal agency or consultant which can provide technical assistance.
I.
Performance guaranties.
(1)
At the time of approval of the application for conditional use, the Planning Board may require the applicant to tender either a certified check payable to the Town, an irrevocable letter of credit from a lending institution or a performance bond payable to the Town issued by a surety company in an amount adequate to cover the total costs of all required improvements, taking into account the time span of the bond and the effects of inflation upon costs. The conditions and amount of the certified check or performance bond shall be determined by the Planning Board with advice from the Board of Selectmen. The bond shall be presented to the Planning Board within 45 days of application approval and, once approved, must be rendered to the Town of Shapleigh no later than 90 days from the date of bond approval, or the application shall be null and void.
[Amended 3-12-2011 ATM by Art. 6]
(2)
Prior to the release of any part of or the entire performance guaranty, the Board shall determine to its satisfaction, in part upon the report of the engineer hired by the Town to inspect the development and whatever other agencies and departments may be involved, that the proposed improvements meet or exceed the design and construction requirements for that portion of the improvements for which the release is requested. Any interest accumulated on an escrow account shall be returned with any money owed by the Town to the developer after it has been determined that the proposed improvements meet all design and construction requirements.
(3)
If the appointed engineer finds, upon inspection of the improvements performed before release of the guaranty, that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the applicant, he shall so report to the Board and Code Enforcement Officer. The Board shall then notify the applicant, and, if necessary, the bonding company or lending institution, and take all necessary steps to preserve the Town's rights under the guaranty.
(4)
Performance guaranties, when required, shall be tendered for all improvements required under this chapter, including but not limited to sidewalks, drainage facilities, parking areas, lighting, signs, landscaping and buffer areas.
J.
Fees. The fee structure shall include for conditional use permit applications the following fees for the Planning Board to use to hire independent consulting services to review the application: The applicant shall pay into a special account the cost to the Town of hiring independent consulting services. The fee shall be determined after the Planning Board has secured an estimate of the cost of the services and the applicant has seen the estimate. If the balance in the special account is drawn down by 75%, the Board shall notify the applicant and require an additional amount. Any balance in the account remaining after a final decision on the application shall be returned to the applicant.