(1) Applicability. Notwithstanding any other provision(s) of this chapter, Article 1: General through Article 12: Impact Fees (the "code"), to the contrary, and in addition to such fees as are otherwise specified by the code, the Town shall assess fees to cover 100% of its costs related to independent geotechnical, hydrologic, engineering, planning, legal, and similar professional consulting services incurred in the review and post-approval inspections of site plan applications. Such fees shall be subject to the following limitations:

(a) Such fees shall only be as expressly provided by this Subsection C;
(b) Such consultation shall be limited to reasonable and necessary review, as allowed by the pertinent ordinance, which exceeds the expertise of Town staff or their ability to review the application materials within the time limits otherwise required by law or ordinance;
(c) Such fees shall be assessed only to recover costs directly associated with review and post-approval inspection of the application submitted by the applicant to whom they are assessed;
(d) Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review;
(e) The results of the consultation for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town of Windham and shall remain its property; and
(f) Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation results or the outcome of the application.
 

(2) Escrow account establishment and administration. An escrow account shall be established with the Town by the applicant to guarantee payment in advance of actual fees assessed pursuant to this Subsection C. The original deposit shall be an amount specific to the application, as accorded elsewhere in this code. If the balance in the escrow account shall be drawn down by 75%, the Town shall notify the applicant and require that an additional amount be deposited to cover the cost of remaining work before any such remaining work is undertaken. The Town shall continue to notify the applicant and require that any such additional amount(s) be deposited whenever the balance of the account is drawn down by 75% of the original deposit. Any excess amount deposited with the Town in advance shall be promptly refunded to the applicant after final action on the application.

(3) Appeal. Any dispute regarding the application of this Subsection C or the amount required to be paid, either in advance or upon completion, may be appealed, in writing, within 10 days to the Town Manager. The Town Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.

(4) Limitations. In an effort to minimize the use of outside or independent consulting, the provisions of this Subsection C shall be subject to the following additional limitations:

(a) The Planner, based on his/her work load and in his/her sole discretion, may immediately refer to outside or independent consulting any major subdivision plan. The Town shall charge for this review based on the billing rates of the retained consultant. The first four hours of the review shall be paid for with the project's application fee. Review work beyond the initial four hours shall be paid for with the escrow established in Subsection C(2), above.
 

(5) Construction observation fee. At least five days prior to the commencement of construction, the applicant shall pay to the Town a construction observation fee. The fee shall be calculated and administered as follows:

(a) The applicant's engineer/representative shall prepare a line-item cost estimate of all site improvements.
(b) The Town's consulting engineer shall review the cost estimate. This review shall be withdrawn from the escrow balance established in Subsection C(2), above.
(c) The applicant shall post with the Town an amount equal to 3% of the cost estimate for site improvements. If, and when, a construction observation will result in the Town exceeding the 3% of site improvements amount, the Town's consulting engineer will submit a written notice stating the reasons why the estimate is to be exceeded, and by how much.
(d) If the balance in the observation fee account shall be drawn down by 75%, the Town shall notify the applicant and require that an additional amount be deposited to cover the cost of remaining work before any such remaining work is undertaken. The Town shall continue to notify the applicant and require that any such additional amount(s) be deposited whenever the balance of the account is drawn down by 75% of the original deposit.
(e) Any and all unused inspection fee funds shall be returned to the applicant.
 

(6) This Subsection C shall be administered by the Planning Director or other Town employee responsible for administering the ordinance under which review is sought. No building permit, commencement of any construction or site preparation, or certificate of occupancy may be issued or released until all fees assessed hereunder have been paid in full.