In the event the Town has retained the services of a consultant
in connection with the review of any application, upon completion
of the application process and the issuance of all necessary permits
and approvals, the Comptroller's Office shall, within 60 days
after the final invoice has been paid, prepare a final accounting
of the consultant escrow for that project and refund to the applicant
any unused portion of the consultant escrow.
A. Upon receipt of the final accounting, the applicant shall promptly
review the accounting. In the event the applicant objects to the final
accounting, the applicant shall, not more than 45 days after receipt
of the final accounting, serve upon the Town Attorney written notice,
by certified mail, return receipt requested, a detailed description
of its objection to the consultant's fees and charges and/or
the final accounting. The objections shall specify the invoice date(s)
and the particular line item(s) to which it objects and the basis
for the objection. Within 45 days after receipt of the applicant's
objections, the Town Attorney shall issue an administrative written
decision determining the applicant's objections. This written
decision shall either (i) confirm the accounting and the amount of
the refund/transfer, or (ii) reject and modify the accounting and
the amount of the final refund/transfer.
B. In the event that the applicant disputes the administrative decision
of the Town Attorney it may contest said determination in a court
of competent jurisdiction.