§ 46-31. Payment for professional services rendered by town.

(a)

Each applicant for a development order, building permit, rezoning, comprehensive plan amendment, special exception, variance, minor subdivision, plat approval, letter of determination, or any other type of application relating to land development, land use, or land improvement, who thereby requires official action or assistance from either the town staff or the town commission, shall pay to the town the cost of all professional services including, but not limited to the services of the town attorney, the town engineer, their assistants and staff, rendered in connection with conferences, telephone calls, meetings, document preparation, document revision, document review, public hearings, site visitations and the rendition of other miscellaneous professional services which are caused or required by the application.

(b)

The town commission shall determine, by resolution, from time to time, a reasonable hourly rate to be charged for the professional services and may require a deposit to cover the estimated costs of professional services with each application. In determining the hourly rates, the town commission shall consider rates charged by attorneys, engineers, and other professionals in the area for similar work.

(c)

No permit shall be issued or application or petition approved until such time as all professional fees, as determined by the town commission pursuant to this section, have been paid in full.

(d)

This section shall not apply to applications by governmental authorities, public utilities, and franchisees of the town.

(Code 1978, § 11-7)