The City Council shall establish by order, after prior notice and public hearing, a fee schedule for all permits, escrow, and construction compliance reviews required by this chapter and for such other fees as the City Council deems appropriate in Chapter 120: Fees. Permit, zoning, escrow, and construction compliance fees are intended to help recover costs incurred by the City in public notice, review, administration, and site inspection associated with amendment of the text of this chapter, changes to Zoning Maps, contract zoning, site plan, and other review and permitting of development. Permit fees are deemed to be a cost of review, shall not be waived or contingent on approval, and are nonrefundable. Any balance in an escrow account remaining after the final decision shall be returned to the applicant in a timely fashion.
 

(1) Publishing and public notice fees associated with advertising public hearings and meetings on the proposed application. Public hearings on the request shall not be scheduled until the fee is paid.
(2) Contracted staff, independent consulting, and peer review escrow fee, including but not limited to architectural, landscape architectural, geotechnical, hydrological, engineering, surveying, planning, legal, and similar professional consulting services. The results of such services shall be available for public review, although such results shall be deemed to have been made solely for the benefit of the City and shall remain its property. Such fees shall be:

(a) Limited to reasonable and necessary review that exceeds the expertise of City staff or its ability to review the application materials within required time limits;
(b) Assessed only to recover costs directly associated with review of the application submitted by the applicant to whom it is assessed;
(c) Reasonable in amount, based on the consulting or peer review time involved and complexity of the review;
(d) Assessed for the privilege of review and shall be payable without regard to consulting or peer review results or outcome of the application.
 

B. Escrow account. The applicant shall establish an escrow account with the City to guarantee payment in advance of actual fees assessed pursuant to this chapter. The original deposit shall be such amount as specified in this section. If the balance in the escrow account shall be drawn down by seventy-five percent (75%), the City shall notify the applicant and require that an additional amount equal to fifty percent (50%) of the initial deposit be submitted to cover the cost of remaining work. The City shall continue to notify the applicant and require that an additional amount be deposited whenever the balance of the account is drawn down by seventy-five percent (75%) of the original deposit. Any excess amount deposited with the City in advance shall be refunded to the applicant in a timely fashion after final action on the application.

C. Fee disputes. Any dispute regarding the application of this section or the amount required to be paid, either in advance or upon completion, may be appealed in writing within ten (10) days to the City Manager. The City Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.

D. Payment of fees required. By submitting an application under this chapter, the applicant agrees to reimburse the City for the reasonable and necessary fees set forth herein, and the City shall not amend the text of this chapter, change Zoning Maps, execute contract zoning agreements until such amounts have been paid in full. In addition, no building permit or certificate of occupancy may be issued nor approved site, subdivision or other plan released until all fees assessed hereunder have been paid in full. Any individual or firm who has an outstanding fee balance shall not be eligible to submit a request to amend the text of this chapter, change Zoning Maps, contract zoning, or a new or amended site plan application or building or occupancy permit until the outstanding balance is paid in full.

E. Administration. Fees associated with amendment of the text of this chapter, changes to Zoning Maps, contract zoning, development permits regulated under Article XVI: Site Plan Review, and other items overseen by the Planning Board shall be administered by the Planning Director.