[HISTORY: Adopted by the Annual Town Meeting 5-18-2021 by Art. 25.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article was originally adopted as Ch. 190 but was renumbered to maintain the alphabetical organization of the Code.
In accordance with M.G.L. Chapter 44, Section 53G, the Planning Board is authorized to retain, by a super majority, such registered professional engineers, planners, architects, designers, attorneys, or other professional consultants as may be necessary in the Planning Board's opinion to review and advise the Board on any or all aspects of applications submitted under Chapter 185 of the Code of the Town of Southwick. Such assistance may include, but not be limited to, analyzing and application, monitoring or inspecting a project or site for compliance with bylaws and regulations or inspecting a project during construction or implementation.
The applicant shall be responsible for the reasonable costs incurred by the Board for the employment of outside consultant(s) engaged by the Board to assist in the review of a proposed project. The Planning Board may require that applicants deposit funds for such review with the Town Treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board without further appropriation. Expenditures from this special account shall be made only for services rendered in connection with a specific project or projects for which funds have been or will be collected from the applicant. Accrued interest may also be spent for this purpose. Failure to provide such funds or to pay costs of such a professional review when due shall be good grounds for denial of an application.
At the completion of the Board’s review of a project, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the applicant or the applicant’s successor in interest. A final report of said account shall be made available to the applicant or applicant’s successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant’s successor in interest shall provide the Board with documentation establishing such succession in interest.
Any applicant may make an administrative appeal of the selection of the outside consultant to the Select Board. Such appeal must be made in writing and may be made only within 20 days after the Planning Board has mailed or hand-delivered notice to the applicant of the selection. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum, required qualifications. The minimum qualifications shall consist either of an educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a related field. The required time limit for action upon an application by the Board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Select Board within one month following the filing of the appeal, the selection made by the Board shall stand.