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.