In processing any application, if it is determined
by the Planning and Zoning Commission, Inland Wetland Agency or the
Zoning Board of Appeals that it is reasonable and necessary for it
to engage the consultant services of one or more technical or professional
experts to aid the Commission, Agency or Board in evaluating or determining
the application, the Commission, Agency or Board may retain such outside
assistance and charge the applicant for all such expenses reasonably
and necessarily incurred, as an additional fee. The Commission, Agency
or Board shall select, in its sole discretion, the persons or entities
who are to be the outside consultant(s). In all such situations, the
Commission, Agency or Board is the sole client of the outside consultant.
Upon determination that such expertise is required,
the Planning and Zoning Commission, Inland Wetland Agency or Zoning
Board of Appeals Chairman, with staff assistance, is authorized to
create and implement whatever procedures are determined to be reasonable
and necessary to charge and collect any such technical or professional
consultant fees from an applicant. Any such procedure may include
the requirement of a deposit paid by the applicant at or soon after
the time of application submission and prior to the retention of any
such technical or professional consultant so as to ensure payment
by the applicant of such reasonable and necessary fee. If the applicant
fails or refuses to deposit the actual or estimated fee for consultant
services, the Commission, Agency or Board may determine that the application
is incomplete, which shall be sufficient grounds for denial of the
application. If Town expenditures for consultant assistance exceed
applicant deposits, the applicant shall submit additional funds within
five days upon receipt of notice from the Town. Any consultant fee
deposits remaining after the application review shall be returned
to the applicant.