As provided by MGL c. 44, § 53G, the
Lexington Board of Health may impose reasonable fees for the employment
of outside consultants engaged by the Board of Health for review of
any application submitted to the Board of Health pursuant to the requirements
of the Subdivision Control Law, the State Environmental Code or any
other state or municipal statute, bylaw or regulation, as they may
be amended or enacted from time to time.
Funds received by the Board of Health pursuant
to this regulation shall be deposited 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 of
Health without further appropriation as provided in MGL c. 44, § 53G.
Expenditures from this special account shall be made only in connection
with the review of a specific project or projects for which a review
fee has been collected from the applicant. Failure of an applicant
to pay a review fee shall be grounds for denial of the permit application.
The Board of Health shall give written notice
to the applicant of the selection of an outside consultant, which
notice shall state the identity of the consultant and the amount of
the fee to be charged to the applicant. Such notice shall be deemed
to have been given on the date it is mailed or delivered.
[Amended 3-27-2019 ATM by Art. 34]
The applicant may appeal the selection of the
outside consultant to the Select Board, which may disqualify the outside
consultant selected only on the grounds that the consultant has a
conflict of interest or does not possess the minimum required qualifications.
The minimum qualifications shall consist of either 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. Such an appeal
must be in writing and received by the Select Board, and a copy received
by the Board of Health, within 10 days of the date of the notice of
the selection of the consultant. The required time limits for action
upon the application shall be extended by the duration of the administrative
appeal.