A.
Authority. The Pine Plains Planning Board, Zoning Board of Appeals, Town Board, Code Enforcement Officer, or Zoning Enforcement Officer, in the review of any applications pending before said boards, may retain such engineering, planning, legal, technical and environmental consultants, or professionals ("consultant services") as such boards or officials shall deem reasonably necessary to assist same in the review of such applications and in the inspection and approval of any installations, infrastructure or improvements after final approval of such applications.
B.
The applicant shall reimburse the Town of Pine Plains for the cost of such consultant services.
C.
The Town Board shall review and audit all vouchers submitted by such consultants and shall approve payment only if such consulting fees and disbursements are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of the proposed project or in the inspection and approval of any installations, infrastructure or improvements after final approval of such applications. For purposes of the foregoing, a fee, or part thereof, shall be deemed a reasonable amount if it bears a reasonable relationship to the average charge by consultants to the Town for services performed in connection with the review and approval of similar projects in the Town, and if there are no similar projects in the Town, then for similar projects located in Dutchess County and the surrounding area, to the extent that such similar projects may exist. The Town Board may take into consideration the size, type and nature of the project, together with such special features including, but not limited to, topography, soil conditions, water, drainage conditions and any special conditions or considerations the Town Board may consider relevant.
D.
A fee or expense, or part thereof, is necessarily incurred if it is charged by the engineer, attorney, planner, or other professional consultant for a service which was rendered in order to assist in the protection or promotion of the health, safety or welfare of the Town to its residents; to assist in the protection of public or private property or the environment from potential damage which otherwise may be caused by the proposed land use or development; to ensure or assist in compliance with laws, regulations, standards or codes which govern land use and development; to ensure or assist in the orderly development and sound planning of a land use or development; to ensure the proper and timely construction of public improvements, parks, and other facilities which affect the public welfare; to protect the legal interests of the Town; to avoid claims against, and liability of, the Town; or to promote such other interest that the Town Board may specify as relevant.
E.
At such time as the application is approved or denied by the Planning Board, Zoning Board of Appeals, or Town Board, or in the event inspections are to be made by consultants after approval is granted and the work is performed, such final inspections are made and the work is determined to be satisfactory, the Town shall refund to the applicant the deposit required pursuant § 275-106, Escrow accounts, less any sums expended by the Town for such consultant services relating to said project after final audit of the consultant vouchers by the Town Board and payment of such consultant fees. A copy of the computation of said sums so expended shall be provided to the applicant at the time that the Town shall calculate the refund, if any, due the applicant.