19.1.  Processing Fees:

1. Fees Required. No application for approval of a rezoning, conditional use permit, variance, or other application requiring an investigation, approval, recommendation or public hearing by or before the Caldwell County Planning and Zoning Board shall be accepted until the applicant has paid all processing fees as set forth below. Processing Fees shall not include any fee required for permits required under this Ordinance. Fees paid shall be non-refundable except as provided in Section 19.2 of this Section.
2. Total Processing Fee. The fee amount shall equal the sum of the fee amounts for project review cost, public hearing and notification costs.
3. Project Review Fees. Project review fees shall not exceed the amount needed to recover the cost of inspection, investigation and review of the proposed application, which shall be established as follows:

1. Rezoning: The project review fee for rezoning $1,000.00.
2. Variance: The project review fee for a variance shall be $200.00.
3. Board of Adjustment Appeal: The review fee for an appeal to the Board of Adjustment shall be $250.00.
4. Conditional Use Permits: The project review fee for a conditional use permit shall be based upon the anticipated costs of review, inspection and investigation, and which fee amounts have taken into consideration the need for special investigative services including, but not limited to, geologic inspections, hydro logic inspections, groundwater monitoring, soils evaluation, and other unique costs of a scientific or technical nature associated with particular forms of development for a conditional use permit and shall be as follows:

Conditional Use Fee Requested

5. Amendments and Zoning Regulations:   Review fee – $250

19.2.  Application Escrow Fund: There shall be established with the County Treasurer an application escrow fund for each application for review of a rezoning, variance or conditional use permit. All fees required under Section 19.1.3 shall be deposited in said escrow account. The County Treasurer shall disburse payments based on billings supplied by the Zoning Administrator and approved by the Planning Board. These billings shall reflect the actual charges incurred which shall be charged according to the hourly fee schedule set forth herein. Said escrow fund shall include the proceeds of project review fees collected pursuant to Section 19.1.3. herein, and the proceeds of public hearing fees collected pursuant to Section 19.2.2 herein. Said escrow fund shall be used to reimburse the Planning Board for actual services rendered for investigation, administration and processing of said application for review including costs associated with the retaining and compensation of experts on scientific and technical issues associated with the application, and costs associated with public hearings as set forth herein. Said escrow fund shall be used to reimburse the Planning Board for actual services rendered for research, investigation, administration and processing of said application for review including costs associated with the retaining and compensation of experts on scientific and technical issues associated with the application, and costs associated with public hearings as set forth in Section 2 herein.

1. Research: The amounts charged against said escrow fund for research of said permit shall be determined as follows, unless the County retains said personnel at a lesser rate, at which time, the actual lesser rate would apply:

2. Public Hearing Costs: Prior to acceptance of an application for rezoning,variance or conditional use permit as complete for purposes of review, the applicant shall pay a public hearing fee of one hundred sixty five ($165.00) dollars to defray the cost of Planning Boarder attendance fees. Said Fee is in addition to any other fee required under this ordinance. The applicant shall be charged for equal hearing time for presentation by opponents of the application provided, however, that shall not be construed to limit the time opponents shall be allowed at the hearing. The
application shall not be accepted as filed and no further processing shall occur until after this deposit is made. Said deposit shall be placed in an escrow fund and shall be applied as set fort in Section 5 herein. The amounts charged against said escrow fund shall be determined as follows, unless the County retains said personnel at a lesser rate, at which time, the actual lesser rate would apply:

In the event that the fee deposited with the County Treasurer becomes depleted, the applicant shall be required to deposit an additional fee with the County Treasurer. Said deposit shall be made before future hearings may continue and shall be applied as set forth in Section 5 herein. Each time the escrow account is depleted, an additional fee shall be required.

3. Notification. The applicant shall, in addition to the payment of the above stated fees, pay
notification costs, which shall be computed as follows:

1. $3.50 per property owner within 1,000 feet of the proposed development; and
2. $40.00 per newspaper notice.

4. Credit. The applicant may apply to the Planning Board for a credit against a fee previously
paid in the event that a portion of the costs of review and processing is duplication,
pursuant to the standards of applicable case law or statutes then in effect.
5. Refund. After the approval or denial of an application for approval as set forth herein, the
County shall refund to the applicant any unexpended or unencumbered balance of the escrow
account established pursuant to Section 20.2 herein for said application.

19.3  Building Permits: The fee for a building permit shall be according to the following schedule:

1. PERMIT ESCROW FUND: There shall be established with the County Treasurer a permit escrow fund for purposes of reimbursing the Zoning Administrator, Planning Board and Board of Adjustment for services rendered in connection with administration of the Caldwell County Zoning Ordinance. Said escrow account shall include the proceeds of project review fees for building permits established pursuant to Section 19.3. herein. The funds contained in said escrow account shall be used solely to reimburse the Zoning Administrator and/or Planning Board for actual costs associated with administration of the Caldwell County Zoning Ordinance including, but not limited to, compensation of the Zoning Administrator or other staff of the Planning Board, project notification costs as set forth herein, and related costs.