Planning staff presented a draft regulation on July 14 that would allow the commission to require applicants to pay for third‑party technical reviews as part of the application process. Commissioners voted to schedule a public hearing on the proposed rule for the commission's second meeting in August (August 25).
Under the draft language staff showed the commission, an applicant would deposit funds to cover an independent review when a third‑party technical analysis is warranted (for example, a traffic study, drainage review or geotechnical report). Staff would request an estimate from a qualified firm, present that estimate to the applicant and require a deposit — the draft suggests a deposit up to 150% of the review estimate to ensure sufficient funds are available to complete the review.
A staff member said, "At Willie's request, I put together a draft regulation for you all to take a look at," and explained the draft follows practices already used for wetlands reviews in the town's regulations. The staff member added that the estimate process would work by sending plans to a chosen firm, receiving a formal estimate and presenting that estimate to the applicant. The staff member said typical turnaround from reviewers the town uses is two to three weeks.
Commissioner and staff comments refined the draft wording. Jeff, a town staff member, recommended language specifying the "town planner or designee" in two places where the draft originally named a position generically. Staff also proposed adding to section 8 the phrase "without prior consent and the demonstrated need for additional funds," clarifying that applicants would not be charged beyond a set amount unless staff shows a demonstrated need and obtains prior consent.
Commissioners discussed timing and procedure: staff said the commission typically would request a third‑party review by motion after accepting and opening a public hearing on an application, and that state timing rules could be extended (staff referenced the 65‑day extension) if more time is needed to complete third‑party reviews.
The commission voted to set a public hearing on the proposed third‑party review fee regulation for August 25 (the commission's second August meeting) to provide time for referrals to the Council of Governments and neighboring municipalities.
Next steps: staff will circulate the next draft reflecting the changes discussed and the item will be noticed for public hearing on August 25. If adopted after hearings, the regulation would permit the commission to require applicant deposits for outside technical reviews and to manage the selection and scope of those reviewers.