[Adopted 2-7-2002]
For purposes of this article, "staff" means the Town Planner and/or his designee; "outside consultant" means a professional or professional firm who is not an employee of the Town of Colchester, including but not limited to an engineering, traffic, environmental, wildlife/habitat, wetlands, design, or planning professional.
When the staff, in its discretion, determines that the size, complexity, potential impact or other aspects of the proposed land use project necessitate specialized expertise for the proper review and evaluation of the application, staff may require the applicant to pay any and all costs associated with the services of an outside consultant. All outside consultant services are to be performed under the sole direction of the Town. The Town will solicit, select and directly pay any outside consultant hired through this article.
When staff determines that a land use application necessitates the hiring of an outside consultant as referenced above, the anticipated expenses of such outside consultant(s) shall be estimated by the staff and promptly reported to the applicant. This amount shall be paid by the applicant within 14 days of the date staff reports the amount of outside consultant costs to the applicant. If the applicant does not pay the designated amount within this time frame, staff shall report to the respective board, commission or Town official that a proper review of the application cannot be completed due to such failure. The respective board, commission or Town official, consistent with the statutes and regulations governing its actions, may then decide whether to deem the application incomplete and to refuse to issue the requested permit until the necessary fees have been submitted. The Zoning Enforcement Officer, Town Planner, Wetlands Enforcement Officer, and Town Engineer are hereby prohibited from issuing any permits, approvals or sign-offs for an application for which the necessary fees as described above have not been paid, unless staff, in its discretion, should decide to reduce or waive the additional fees for outside consultants. No costs of review by an outside consultant shall be assessed for land use applications for properties located in the Historic Preservation Overlay Zone.
Prior to the decision of the respective board, staff may revise the estimated expense of outside consultants and thereupon require additional sums to be deposited by the applicant to cover such fees. These sums shall be paid by the applicant prior to the issuance of any permits. The Zoning Enforcement Officer, Town Planner, Wetlands Enforcement Officer, and Town Engineer are hereby prohibited from issuing any permits, approvals or sign-offs for an application for which such additional sums have not been paid.
Any portion of the originally estimated expense of outside consultants or additional sums not expended by staff shall be refunded to the applicant, with interest earned, within 30 days after the completion of the review, evaluation and processing of the application, or the resolution of any appeals filed with respect to the application whichever is later.