Any application for rezoning, subdivision approval, location improvement permit, site plan approval, special use permit, planned unit development, variance, or other use or activity requiring a permit under this chapter above the following threshold, may also require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee may be required by either the Planning Administrator or Town Engineer for any project which requires a traffic impact study under § 155.02, or which has more than 20 dwelling units, or more than 15,000 square feet of enclosed space, or which requires more than 20 parking spaces. An escrow fee may be required to obtain a professional review of any other project which may, in the opinion of the Planning Administrator or Town Engineer, create an identifiable and potentially negative impact on public roads, other infrastructure or services, or on adjacent properties, and because of which, professional input is desired before a decision to approve, deny, or approve with conditions is made.
(A) The escrow shall be used to pay professional review expenses of engineers, community planners, and any other professionals whose expertise the town values to review the proposed application and/or site plan of an applicant. Professional review will result in a report to the town indicating the extent of conformance or nonconformance with this chapter and to identify any problems that may create a threat to the health, safety or general welfare of the public. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the town and a copy of the statement of expenses for the professional services rendered, if requested.
(B) No application for which an escrow fee is required will be processed until the escrow fee is deposited with the Clerk-Treasurer. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals contacted by the Planning Administrator or Town Engineer.
(C) If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any approval or permit issued by the town in response to the applicant's request. Any unused fee collected in escrow shall be promptly returned to the applicant once a final determination on an application has been made or the applicant withdraws the request and expenses have not yet been incurred.
(D) Disputes on the costs of professional reviews may be resolved by an arbitrator mutually satisfactory to both parties.
(Ord. 2018-2A, passed 2-20-18)