9.2 FEES

A. Reimbursement of costs and expenses by applicants. The Town may require the applicant to pay all reasonable expenses incurred by the Town in processing or issuing a Land Use Application; in performing a review of any Land Use Application; in performing an inspection incidental to a Land Use Application; in determining compliance with Town Land Use Regulations; in interpreting Town Land Use Regulations; in processing and responding to appeals to a Land Use Decision, or in processing and responding to Variance applications. This list is not inclusive and shall be used by way of illustration of actions required by the Town that may incur fees from additional demands placed on Town services. B. Imposition of fees. The Town Council may by resolution establish the fees to be imposed for, but not limited to, applications for any permit, permit renewal, Variance, zoning, lot line adjustment, appeal, other Land Use Decision, or action required by Town Land Use Regulations. The Town Council shall set fees for such applications to recover for the Town the reasonable expenses incurred in processing such applications or in performing any action required by Town Land Use Regulations. Any additional costs and expenses the Town may incur in order to review and report on any aspect of a Land Use Application or any aspect of a required action, Land Use Decision or provision of a Town Land Use Regulation, such as but not limited to, publication costs, recording fees, copying fees, mailing fees, inspection fees, legal fees, plan review costs or similar expenses shall be paid by the Land Use Applicant (Applicant) in addition to the fee collected with the application. If requested to do so by the Applicant, the Town shall procure an estimate of the cost of such information to the Applicant. Any fees collected shall be for the Town's administrative expenses in processing the application or for performing the required action, whether an application is granted or denied. C. Payment of expenses for professional services. An Applicant shall pay for all fees and costs incurred by the Town to review a Land Use Application, including but not limited to professional fees and costs charged by the Town’s contract engineers, attorneys, surveyors, inspectors, planners and accountants. The Land Use Authority shall have sole and exclusive authority to determine when the proper evaluation of a Land Use Application under Town Land Use Regulations requires review, advice or other services to the Town by said professional parties (collectively, “Professional Review”). Except for plan review services, in all other instances where Professional Review is deemed necessary by the Land Use Authority, the Applicant shall deposit with the Town $500.00 to be applied toward the Professional Review. Only those funds remaining after all approved invoices of the Professional Review have been paid shall be returned to the Applicant. If one of the Town’s contract professionals notifies the Town that it anticipates its fees or costs to exceed $500.00, then the Town shall require the Land Use Applicant to enter into a “Cost Reimbursement Agreement” as provided in Subsection D of this Section with the Town wherein the Applicant agrees to pay for all said fees and costs of the Professional Review. These expenses may include but are not limited to, surveying, engineering, inspections, and legal fees. The Applicant shall pay said costs and fees as a condition of approval or the issuance of Land Use Decision. D. Cost Reimbursement Agreement and financial accounting. The Cost Reimbursement Agreement shall outline the scope of work and include an estimate of costs of the recommended and necessary professional services. The Applicant shall be required to deposit the total estimate of costs to be held in a trust. The Town shall then retain the necessary and recommended professional services and pay for them directly from this account. The Town Council, or Town Designee, shall review each invoice submitted by the professional party prior to approving payment for the same. The Town Clerk shall monitor and make all disbursements from this account based on invoices approved by the Town. Upon written request, the Town Clerk shall provide the Applicant with an accounting of funds dispersed on the Applicants behalf. The Cost Reimbursement Agreement shall further describe the process for the deposit of additional funds by the Applicant if the deposit has been depleted. If additional funds are not deposited, the Town reserves the right to stop all work on the review and/or approval of the application upon written notice to the Applicant, or as otherwise specified in the Cost Reimbursement Agreement. The Agreement shall state that the funds may only be used on Applicant’s behalf, and that no funds shall be returned to the Applicant, except those remaining after all approved invoices have been paid. E. Criteria. The Town Council shall consider the following criteria and make appropriate findings when determining whether the professional services of one or more independent consultants are necessary: 1. The nature, scope, duration and technical complexities of the project being applied for; 2. The overall impact the project being applied for will have to the health, safety and welfare of the Town, including, but not limited to, environmental impact, fiscal impact, social, educational or historical impact, demand impact on Town services, future growth impact, etc.; and 3. The limited resources of the Town, including, but not limited to, personnel, expertise and/or fiscal resources. F. Fees and costs upon appeal. In the event an Applicant appeals a Land Use Decision of any Town Land Use Authority, whether at the administrative level through the Variance and Appeal Hearing Officer or in Court, the Applicant shall pay all of the Town’s costs and expenses incurred as a result of the appeal, including reasonable attorneys’ fees and costs, if the Variance and