The following fees shall apply to the following activities. These fees may be changed or amended by resolution of the Town Council without the need to amend this section.

A. Threshold Determination. For every environmental checklist the town reviews as lead agency, the town shall collect the fee as set forth in Section 3.32.010 from the proponent of the proposal prior to undertaking the threshold determination. The time periods for making a threshold determination shall not begin to run until payment of the fee. When the town completes the environmental checklist at the applicant’s request or under Section 16.04.140, an additional fee as set forth in Section 3.32.010 shall be collected.

B. Environmental Impact Statement.

1. When the town is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the town, the town may charge and collect a reasonable fee as required by the town fee schedule from any applicant to cover costs incurred by the town in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; and the applicant shall post a bond or otherwise ensure payment of such costs before work commences and continues.

2. The responsible official may determine that the town will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by a person or entity other than the town and may bill such costs and expenses directly to the applicant, person or entity. The town may require the applicant to post a bond or otherwise ensure payment of such costs before work commences and continues. Such consultants shall be selected by mutual agreement of the town and applicant.

3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection A or B of this section which remain unspent after all incurred costs and fees are paid.

C. The town shall collect from the applicant the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The town shall not collect a fee for performing its duties as a consulted agency.

E. Instead of collecting the fee described in this section, the town may, at its discretion, track and collect for all actual direct and indirect costs incurred in performing work under this chapter for an applicant. (Ord. 04-431 § 19, 2004; Ord. 01-412 § 1 (Exh. 1 (part)), 2001)