The town is hereby authorized to assess and collect fees, deposits, costs and expenses relating or pertaining to the review, inspection and regulation of development related activities pursuant to this section.

(Ord. No. 2006-18, § 1(13.00.00), 12-12-2006; Ord. No. 2011-03, § 1(13.00.00), 7-12-2011)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means and refers to an owner, or an owner's authorized agent, who submits an application, proposal, petition or project to the town.

Application means and refer to an application, petition or proposal submitted to the town pertaining to development for which town approval is required, including, but not limited to, the review or approval of:

(1)

A preliminary subdivision plan;

(2)

A subdivision plan or plat, including any revisions to a previously approved or existing subdivision or plat;

(3)

An annexation and initial zoning;

(4)

A rezoning (with or without a comprehensive plan amendment);

(5)

A comprehensive plan amendment;

(6)

A variance;

(7)

A special exception;

(8)

A planned unit development;

(9)

A transfer of development rights;

(10)

Determination of vested rights or subdivision review exemption;

(11)

Concurrency determination;

(12)

Concurrency capacity reservation;

(13)

A development of regional impact;

(14)

Site plan;

(15)

A sketch plan;

(16)

A development permit for construction, inspection or testing of subdivision improvements;

(17)

A determination of development of regional impact (DRI) status;

(18)

Conceptual site plan review;

(19)

Stormwater management;

(20)

Tree permit;

(21)

Wetland alteration permit;

(22)

Wellfield protection zone permit;

(23)

Development order, a development agreement;

(24)

Lot splits;

(25)

New construction of single-family residences;

(26)

Such other development-related applications as determined by the town manager.

Owner means and refers to an owner or group of owners of fee simple title to a particular lot, tract or parcel of real property.

Owner's authorized agent means and refer to an agent of the owner duly authorized to submit and process an application. If the applicant is not the property owner, a proper authorization must accompany the application. Such authorization shall be evidenced by a power of attorney signed by the owner and notarized specifically authorizing the agent to represent the owner in connection with the application and as to the owner's real property which is the subject of the application. The authorization shall include an agreement of the owner to be bound by the actions of the owner's authorized agent and the provisions of this article.

Review deposit means and refers to the review deposit, as established by this article and as established from time-to-time by resolution of the town council, to be paid by an applicant at the time of the filing of an application.

Town consultant means and refers to those companies, private consultants, governments, individuals or other entities under contract with the town to provide services to or for the town or who provide services to or for the town or who provide technical or legal expertise to or for the town, including, but not limited to, attorneys, planners, engineers, fiscal/financial consultants and surveyors.

Town staff means and refers to town employees.

Total development review amount means and refers to the total amount of the review deposit to be paid by an applicant pursuant to section 13.02.00 and any fees authorized to be collected by the town pursuant to this Land Development Code and the Code of Ordinances.

(Ord. No. 2006-18, § 1(13.01.00), 12-12-2006; Ord. No. 2011-03, § 1(13.01.00), 7-12-2011)

(a)

Specified review deposits. A review deposit, as established by resolution of the town council and on file in the town clerk's office, per square foot of the project to be developed (the "original deposit"), payable to the town by money order, personal or company check or cashier's check drawn on a financial institution authorized to do business in the county shall be delivered to and collected by the town at the time of submission of each application for review or approval pertaining or related to a subdivision plat, development agreement, planned unit development, a development of regional impact, or new construction of a single-family residence. Said review deposit shall be utilized by the town to reimburse the town for the actual costs incurred and paid by the town as a result of the development activity. In the event the project is developed in phases, the applicant must have in his individual project account a review deposit, as established by resolution of the town council and on file in the town clerk's office, per square foot for the project to be developed before review will begin for the next phase of the project.

(b)

Other development related applications. All other review deposits for applications not included in subsection (a) of this section, shall be delivered to and collected by the town at the time of submission of such other development-related application.

(c)

Waiver of review deposits. In all cases, the town manager may reduce the amount of, or otherwise waive the requirement for, a review deposit if, based upon information from town staff and the applicant, the amount of the fees, costs and expenses relating to the review, processing, inspection and regulation of such, as estimated by the town manager, will not exceed the application fee plus the amount of the reduced review deposit (if any). No review of an application shall commence until the application fee and review deposit, if applicable, is paid. The total development review amount shall be forwarded to the town manager prior to the end of the second business day following the submittal of said application for review or approval. The balance of the review deposit, if any, shall be returned to the applicant as provided for in section 13.03.00. Except as otherwise provided in section 13.03.00, no interest shall be paid on any review deposit on account with the town.

(Ord. No. 2006-18, § 1(13.02.00), 12-12-2006; Ord. No. 2011-03, § 1(13.02.00), 7-12-2011)

(a)

For each application for which the town manager determines that a review deposit must be paid, the town shall establish an account on the town's books, separate and apart from all other funds and accounts of the town, and shall deposit into the account all the funds received from payment of the review deposit. The funds in the account shall be expended only to pay the out-of-pocket costs, or to reimburse the town for its payment of the out-of-pocket costs, incurred by the town directly in connection with the application, including the costs of town consultant fees, legal advertising, surveying, appraisals and other related costs.

(b)

All moneys in the account shall remain in the account and shall not be commingled with the funds in other accounts of the town, except that the funds may be invested by the town in the same types of instruments allowed for the investment of the town's several reserve funds and accounts. All investment earnings on funds in the account shall be deposited in the account and remain with the principal on which they were earned.

(c)

If the funds in the account fall below the level at which the town manager reasonably believes is sufficient to pay the costs of processing the application, the town manager may notify the applicant and demand a supplemental deposit in an amount reasonably calculated to cover expected future costs in connection with the application. The town manager may halt further processing of the application until the supplemental deposit is paid. All funds from the supplemental deposit shall be deposited into the same account and used only to pay the same costs.

(d)

The project account will be maintained throughout the entire review, processing, inspection and regulation process until the later of:

(1)

Final action (after all appeal periods have run) by the town council has occurred with respect to the application;

(2)

No further significant involvement of the town staff or town consultants is expected to occur;

(3)

The town has been paid all of the amounts due under this section and this Land Development Code and the Code of Ordinances; or

(4)

The expiration of any warranty period associated with the conveyance or dedication of improvements to the town.

(e)

Upon completion of the review, processing, inspection and regulation process and the payment of all costs incurred by the town in connection with the application, all funds remaining in the account shall be repaid to the applicant.

(Ord. No. 2006-18, § 1(13.03.00), 12-12-2006; Ord. No. 2011-03, § 1(13.03.00), 7-12-2011)

(a)

Payment. The town manager or his designee may periodically total the costs, expenses and fees incurred by the town for each application for which a review deposit is required and send an invoice to the applicant for payment. The applicant shall have ten days from the date of the invoice to pay to the town the invoiced amount. Thereafter, if payment is not received in the required time, the town manager or his designee shall apply the review deposit toward payment of the invoiced amounts. If the total costs, expenses and fees incurred by the town for an application for which a review deposit is required exceeds the review deposit and payment is not received in this Land Development Code the required time, the town manager or his designee shall apply the review deposit to a portion of the invoiced amount and send a notice of nonpayment to the applicant and to all town staff and town consultants associated with the applicable application or project informing the applicant, town staff and town consultants to cease all work relating to such unless and until further notified by the town manager or designee. If payment of the balance of the invoice is not received within the required time, then work by the town staff and town consultants shall cease and will not be reactivated on the applicable application or project and neither building permits, certificates of completion nor certificates of occupancy will be issued with respect to such or the real property related to such until such time as all outstanding fees, costs and expenses due under this article and this Land Development Code are paid in full and a new review deposit for said application or project, in an amount determined by the town manager, is paid to the town. Review of any future application or project with respect to the real property for which payment was not made will not be undertaken by the town until such time as all outstanding fees, costs and expenses due under this article are paid in full and a new review deposit paid to the town.

(b)

Code enforcement action for past-due invoices. After project approval, unless otherwise provided for in this section, if an applicant receives or is granted approval on an application or project or is issued a building permit, certificate of completion, certificate of occupancy, business tax receipt or other developmental order by the town and thereafter incurs additional fees, costs and expenses or such other fees, costs and expenses attributable to the application are thereafter posted to the project account for work performed associated with said approval or issuance, the applicant or his successor in interest shall pay said costs, fees and expenses incurred by the town for such application within ten days from the date of the invoice. Failure to pay the invoiced amount within the requested time shall constitute a violation of this section. If payment is not received in the required time and there is not a review deposit which can be applied toward payment of the invoiced amount, the town manager shall notify the code inspector to initiate code enforcement proceedings pursuant to this Land Development Code and the Code of Ordinances.

(c)

Deficiency and liens. Any deficiency owed to the town, whether incurred before or after project approval, shall bear interest from the date of the aforementioned notice of nonpayment at the rate of 18 percent simple interest per annum until paid. The amount of any such deficiency owed to the town shall, together with interest and the costs of collection as hereinafter provided, be the personal obligation of the applicant and shall be a continuing lien on the real property related to the application or project under review. Any subsequent or new owner of the real property related to the application or project shall take title subject to the obligations of the applicant under the terms of this section and shall be jointly and severally liable for such obligations. An applicant may not escape liability for the deficiency by abandonment of the application or project, withdrawal of such or sale of the real property with respect to which such has been submitted. If the initial or subsequent invoices are not timely paid and the invoiced amount exceeds the amount of the review deposit, the town may take whatever legal means it deems appropriate to collect the deficiency, including, but not limited to, retaining the services of a collection agency or attorney, initiating legal proceedings for the collection thereof, recording a notice of lien as hereinafter provided, and foreclosing same in the same manner as mortgage liens are foreclosed. To give the public notice of the deficiency, the town may (but shall not be obligated to) record, or cause to be recorded, a notice of lien in the public records of the county, stating the description for the real property related to the application or project, the name of the owner of the real property and the amount then due and owed to the town.

(Ord. No. 2006-18, § 1(13.04.00), 12-12-2006; Ord. No. 2011-03, § 1(13.04.00), 7-12-2011)

Payment of costs, expenses and fees incurred by the town under this article is a requirement for the town's final approval of the application and project.

(Ord. No. 2006-18, § 1(13.05.00), 12-12-2006; Ord. No. 2011-03, § 1(13.05.00), 7-12-2011)

(a)

All direct costs, expenses and fees incurred by the town relating directly to the review, processing, inspection or regulation of an application, including, but not limited to, the time of town consultants, as well as those relating directly to, advertising, surveying, legal and engineering for an application or project shall be reimbursed to the town by and assessed to the applicant.

(b)

Town consultants shall submit records of their time, fees, costs and expenses to the town manager and such fees, costs and expenses shall be invoiced to the applicant on a dollar for dollar basis for services provided to or for the town as a result of an application. All fees, costs and expenses invoiced by town consultants, in addition to the application fee, are the responsibility of the applicant.

(Ord. No. 2006-18, § 1(13.06.00), 12-12-2006; Ord. No. 2011-03, § 1(13.06.00), 7-12-2011)

Any objection to any invoice or to any matter set forth in this article must be set forth in writing addressed and delivered to the town manager on or before ten days after the date of the relevant invoice. In the event the town manager denies the objection or request, the applicant shall have ten days after the date of the town manager's written decision to file an appeal of such decision with the town clerk or designee, which appeal shall be heard by the town council. All objections and appeals shall set forth in detail the reasons and evidence upon which the objection and appeal are based. Failure of the applicant to establish beyond a preponderance of the evidence that an invoice, decision or other matter objected to or appealed is not appropriate and is not based upon competent substantial evidence, shall result in a denial of the objection and appeal.

(Ord. No. 2006-18, § 1(13.07.00), 12-12-2006; Ord. No. 2011-03, § 1(13.07.00), 7-12-2011)

In the event the town is required to enforce this article, then the town shall be entitled to recover from the applicant all costs and expenses incurred, including but not limited to its reasonable attorneys' fees, paralegal fees and other costs and expenses, whether incurred prior to, during or subsequent to court proceedings or on appeal.

(Ord. No. 2006-18, § 1(13.08.00), 12-12-2006; Ord. No. 2011-03, § 1(13.08.00), 7-12-2011)

(a)

An applicant shall provide prompt written notice to the town manager in the event of a change in ownership of all or a portion of a lot, tract or parcel of real property with respect to which an application, or project is pending before the town. Such notice shall be on a form approved by the town and shall include the name, address and phone number of the new owner and a legal description of the lot, tract or parcel of real property now owned by the new owner. Any such new owner:

(1)

Shall not be entitled to utilize or draw upon any review deposit previously paid to the town by the original applicant;

(2)

Shall be liable to the town for all fees, costs and expenses related to the lot, tract or parcel of real property which arise subsequent to the date the new owner acquires title to such real property; and

(3)

May be required by the town to pay a separate review deposit in the same manner as a new application, in which case a separate project account will be opened in the name of the new owner or the new owner's authorized agent.

(b)

If a separate review deposit is required, no work shall be undertaken by the town with respect to the lot, tract or parcel of real property then owned by the new owner until a separate review deposit is paid to the town. Until such time as the town receives such written notice of a change in ownership, the original applicant shall be jointly and severally liable to the town for all fees, costs and expenses associated with the application or project which may subsequently be incurred by the town in connection with the activities of the new owner; provided, however, that upon receipt by the town of such a notification of change of ownership, the original applicant shall no longer be liable to the town for fees, costs and expenses incurred by the town which arise solely out of the application or project of the new owner and the new owner shall be solely liable to the town for all such fees, costs and expenses associated with the application or project activities of the new owner or the new owner's authorized agent subsequent to the date of receipt by the town of such notification.

(Ord. No. 2006-18, § 1(13.09.00), 12-12-2006; Ord. No. 2011-03, § 1(13.09.00), 7-12-2011)

Execution of an application shall constitute the consent and agreement for the applicant and the owner, if the application is being executed by the owner's authorized agent, to be bound by the provisions of this article.

(Ord. No. 2006-18, § 1(13.10.00), 12-12-2006; Ord. No. 2011-03, § 1(13.10.00), 7-12-2011)