[HISTORY: Adopted by the Planning Board 6-10-2009. Amendments
noted where applicable.]
This document, subject to revision from time to time in a manner
spelled out within, constitutes the current fee schedule and those
rules governing the imposition of fees.
A.
In the past, fees imposed for the consideration of various types
of applications have been approximations of cost of processing those
applications. These new regulations and fees are designed to produce,
as much as possible, a more equitable schedule of fees which more
accurately reflects the costs of review.
B.
In late 1989, the state enacted legislation [This act was approved on December 8, 1989 and became effective on March 8, 1990. The Act, Chapter 593 of the Acts of 1989, insets a new section 53G in M.G.L. Chapter 44. A copy of the legislation is available from the Planning Board office] authorizing towns to establish special accounts, hereafter referred to as "593 accounts," to pay for the employment of outside consultants under the Subdivision Control Law or Georgetown Zoning Bylaws. Fees charged to applicants specifically to pay outside consultants are to be deposited into these 593 Accounts by the Town Treasurer. The Planning Board may then expend the funds, without Town Meeting appropriation, in connection with the employment of these consultants. With the addition of this new structure, the Planning Board is able to create a more exact method of assessing fees.
A.
The Planning Board shall assess an administrative fee to offset the expense of review. This administrative fee applies to all applications except those exempted in Subsection G below.
B.
Administrative fees are to be submitted as part of the initial applications.
An application filed without the inclusion of these fees shall be
determined to be incomplete, and no review work shall commence until
all submission conditions have been met.
C.
Since administrative fees are imposed for the review process, they
are not linked in any way to the determinations of the Planning Board.
There are no fees charged for approvals or permits resulting from
that review process.
D.
Once the review process has been started, there shall be no refunding
of administrative fees, including the case of withdrawal of the application
by the applicant. For this reason, it is important that applicants
consult with the Planning Board office prior to formal application
to insure that the appropriate permits and review are being sought.
(Applicants are encouraged to discuss their intended application with
the Planning Board office to avoid unnecessary time and expense in
the review of a type of application which clearly conflicts with established
Planning Board policies or approved practices. All types of applications
are permitted, however.)
E.
For those applications which are assessed administrative fees calculated,
in part, by the number of lots or units being sought, which, during
the review process, undergo a change in design resulting in a change
in the number of lots or units being sought, the following rules shall
apply:
(1)
If the number of lots or units being sought increases over the number
previously sought, the applicant shall pay a fee equivalent to the
difference between the fee originally paid and the fee that would
have been paid had the original submission included these additional
lots or units. No review of these additional lots or units shall take
place until this additional fee is paid to the Planning Board office,
and failure to make this payment after requesting additional lots
shall be grounds for denial of the application.
(2)
If the number of lots or units being sought decreases from the number
originally sought, a refund of that portion of the application fee
predicated on those lots or units shall be granted only if, in the
judgment of the Planning Board, no review of those lots or units has
taken place or no incremental expense has been incurred by the Board
in the review process which would not have been incurred in the absence
of the lots or units to be deleted. Such judgment by the Planning
Board shall require a motion carried by a majority of elected or appointed
Board members, and the Board's judgment in such matters shall
be deemed final.
F.
Schedule of administrative fees. The following is the schedule of
fees for all types of applications that come before the Planning Board.
This schedule supersedes all previous schedules as they appeared in
the Georgetown Zoning By-laws, the Rules and Regulations for the Subdivision
of Land, and any listings which may have been compiled from time to
time for the benefit of applicants.
(1)
ANR plans. Determinations on approval not required plans shall require
a base fee of $100 plus $100 per new lot created.
(2)
Preliminary plans. Review of preliminary plans shall require a base
fee of $500 plus $100 for each building lot shown on the plan.
(3)
Modification of a preliminary plan. Consideration of a modification
to a preliminary plan shall require a fee of $100 plus $50 for each
lot affected and for each new building lot created.
(4)
Definitive plans. Review of definitive plans shall require a fee
of $2,000 plus $1,000 per lot. If a preliminary plan is approved,
the sum of all fees paid for the preliminary plan review will be subtracted
from the definitive plan fee; however, in no case shall the definitive
plan fee be less than $2,500. (i.e., a ten-lot subdivision would pay
$1,500 in preliminary plan fees. If the preliminary plan is approved,
the applicant would pay $12,000 - $1,500 = $10,500 for the definitive
plan fees).
(5)
Modification of a definitive plan. Consideration of a modification
to a definitive plan shall require a fee of $500 plus $100 for each
lot affected and for each new building lot created.
(6)
Special permit.
(a)
Rate of Development Bylaw: $400.
(b)
Earth Removal: $400.
(c)
Common driveway: $100 per new unit or lot.
(d)
Groundwater Protection District: $400.
(e)
Access across lot frontage: $400.
(f)
Independent senior housing: $1,000 plus $100 per new unit or
lot.
(g)
Open space residential development: $1,000 plus $100 per new
unit or lot.
(h)
Modification request: $200.
(i)
Extension request: $500.
(7)
Site plan approval. Review of site plans shall require a fee of $0.15
per square foot of building footprint of new construction but shall
not be less than $1,000.
|
Summary Table
| ||
|---|---|---|
|
Type of Application
|
Fee
| |
|
ANR
|
$100 plus $100 per new lot/parcel
| |
|
Preliminary plan
|
$500 plus $100 per new lot
| |
|
Modification of a preliminary plan
|
$100 plus $50 per lot affected and new lot
| |
|
Definitive plan
|
$2,000 plus $1,000 per new lot minus preliminary plan fees (if
approved); not less than $2,500
| |
|
Modification of a definitive plan
|
$500, plus $100 per lot affected and new lot(s)
| |
|
OSRD Preapplication conference
|
$200
| |
|
Earth removal
|
$400
| |
|
Common driveway
|
$100 per new unit or lot
| |
|
Groundwater Protection District
|
$200
| |
|
Access across lot frontage
|
$200
| |
|
Site plan approval
|
$0.15 per square foot of building footprint area; not less than
$1,000
| |
|
NOTE: The applicant shall pay all expenses incurred by the Planning
Board, including the expense of engaging outside consultants. Reimbursement
of these expenses is a requirement of approval, and failure to reimburse
shall be cause for denial. The Planning Board may set alternative
dates for said reimbursement by setting them as a condition of approval
of the site plan.
| ||
G.
Exemptions. Some types of Planning Board activities require no administrative
fee.
(1)
Informal discussion. Informal discussion shall require no fee for
the first discussion session. The Planning Board has the right to
consider imposing a fee of $25 on second and subsequent informal discussions
on property that was the subject of previous discussion, if, in the
opinion of the Board, the abutters should be notified in writing of
the informal discussion sessions.
(2)
The Planning Board waives any administrative fee under these provisions
for applications brought forward by the Town of Georgetown, or by
other Town Departments.
H.
Waivers and modifications. The Planning Board, at its option, may
waive or reduce any fee under these provisions, if, in the opinion
of the Board, unusual circumstances result in an application fee not
envisioned or intended with the adoption of these regulations and
fees schedules. The Planning Board must be consistent in applying
this provision. Such judgment by the Planning Board shall require
a motion carried by a majority of the Board members.
In addition to an administrative fee, which the Planning Board
has traditionally imposed, a new second type of fee, referred to herein
as the "project review fee," is now possible. This fee is to be deposited
into a special account as enabled by MGL c. 44, § 53G, referred
to herein as the "593 Account." This fee shall be imposed on those
applications which, as designated by the Planning Board, require the
services of outside consultants for the review process due to the
size, scale or complexity of a proposed project, because of a project's
potential impacts, or because the Town lacks the necessary expertise
to perform the review work related to the permit or approval. In hiring
outside consultants, the Board may engage engineers, planners, lawyers,
designers or other appropriate professionals who can assist the Board
in analyzing a project to ensure compliance with all relevant laws,
ordinances, bylaws and regulations. Such assistance may include, but
not be limited to, analyzing an application, monitoring or inspecting
a project or site for compliance with the Board's decisions or
regulations, or inspecting a project during construction or implementation.
A.
Moneys shall be collected from the applicant and deposited into the
593 Account upon submission of the application.
B.
Outside consultants retained by the Planning Board to assist in the
review of an application shall be paid from this account.
C.
The Planning Board shall determine the amount of initial deposit to be made as put forth in the accompanying schedule, and the amount of any additional funds required during the process, should the applicant's 593 Account approach depletion. Such determinations shall be consistent with the requirements of § 353-9B.
D.
Failure of an applicant to pay a review fee shall be grounds for
denial of the application.
E.
Any excess amount attributable to a particular project, including
accrued interest, will be repaid to the applicant, or the applicant's
successor in interest, at the conclusion of the review process. 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.
F.
Should it become apparent to the Planning Board that an application
requires the services of outside consultants for proper review, the
Board may require the imposition of this second type of fee, even
if it is not normally part of the review process for that type of
application, and providing that said imposition is in compliance with
the state enabling legislation.
A.
The choice of a consultant selected by the Planning Board for the
review of an application may be appealed in writing to the Board of
Selectmen by the applicant, providing such appeal is initiated within
20 days after the Planning Board has mailed or hand-delivered notice
to the applicant of the selection.
B.
The Selectmen shall convene a formal hearing within 20 days of receiving
a written appeal by an applicant.
C.
There are two conditions which will disqualify the selected consultant:
(1)
Conflict of interest. A consultant may not have a financial interest
in a project under review, or be in a position to financially benefit
in some way from the outcome of the pending review process. Consultants
must be in compliance with Massachusetts Conflict of Interest Law
(Chapter 268A).
(2)
Lack of appropriate qualifications. A consultant must 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 field at issue or a
related field.
E.
The required time limits for action upon an application by the Planning
Board shall be extended by duration of the administration appeal.
F.
If the Board of Selectmen renders no decision within one month following
the filing of the appeal the selection made by the Planning Board
shall stand.
G.
This administrative appeal shall not preclude further judicial review,
if otherwise permitted by law, on the grounds provided for in this
section.
A.
Funds collected from various applicants for the account shall be
turned over to the Town Treasurer for deposit into an account separate
from other funds.
B.
A copy of the latest statement from the banking institution handling
the 593 Account shall be forwarded from the office of the Town Treasurer
to the Planning Board office as soon as it is received for timely
accurate accounting.
D.
The applicant may request an accounting of an applicant's funds
held in the 593 Account at any time.
(1)
The Planning Board shall respond to the request in a timely fashion.
(2)
This accounting shall include the following information:
(a)
The latest statement from the banking institution handling the
account, which should include an accurate, accumulated interest portion
to the closing date of the statement, if such statements are subdivided
into individual applicants' accounts. Otherwise, a statement
of principal and interest, prepared by the Planning Board office,
based on the latest statement from the banking institution.
(b)
A report of all checks authorized for issuance since that last
banking statement.
(3)
This accounting shall not include an estimate of accumulated interest
since the last banking statement.
E.
An applicant may request an estimate of bills pending from consultants
for work completed, or in progress, but not yet invoiced.
F.
If available, a brief account summary of the type described under Subsection D above shall be furnished to both the Planning Board and the applicant at each hearing. This will allow the Board to determine if further funds will need to be collected and deposited into the 593 Account should it approach depletion.
G.
Excess fees in the 593 Account, including accumulated interest, shall
be returned to the applicant at the conclusion of the review process
as defined herein:
(1)
With the approval or disapproval (final action) of a preliminary
subdivision Plan.
(2)
With the disapproval (final action) of a definitive subdivision plan.
(3)
With the release of the performance bond at the end of construction
of an approved definitive subdivision plan.
(4)
With the final inspection or the approval or disapproval (final action)
on all other types of applications under the Georgetown Zoning Bylaw,
whichever comes later.
When more than one type of application is being sought at the
same time (for the same project), only the highest of the applicable
project review fees shall be collected for initial deposit into the
593 Account, and not the sum of those fees.
A.
Initial deposits. The following project review fees for the indicated
application types are to be submitted with their initial applications.
These fees are good faith estimates of cost of review but may be modified
at the sole discretion of the Planning Board as warranted by a particular
project.
(1)
A preliminary plan, modification of a preliminary plan, modification
of a definitive plan, or modification of a special permit shall require
the following initial project review fee:
|
Project Size
(lots/units)
|
Fee
| |
|---|---|---|
|
2 to 15
|
$2,000
| |
|
16 to 20
|
$3,000
| |
|
21 to 25
|
$4,000
| |
|
More than 25
|
$5,000
|
(2)
A definitive plan shall require the following initial project review
fee:
|
Project Size
(lots/units)
|
Fee
| |
|---|---|---|
|
2 to 15
|
$4,000
| |
|
16 to 20
|
$6,000
| |
|
21 to 25
|
$10,000
| |
|
More than 25
|
$12,000
|
(3)
A special permit shall require a minimum of $2,000 for the initial
project review fee. Depending on the complexity of issues presented,
additional fees may be required.
(4)
Site plan approval permit shall require the following initial project
review fees:
|
Project Size
(square feet of additional floor area)
|
Fee
| |
|---|---|---|
|
Less than 10,000
|
$2,000
| |
|
10,000 to 30,000
|
$3,000
| |
|
30,000 to 50,000
|
$4,000
| |
|
More than 50,000
|
$5,000
|
(5)
Fees for major and complex projects. A site plan review special permit
fee may also be assessed for major development review projects or
projects which in the opinion of the Board are likely to require substantial
outside technical and/or legal assistance due to factors such as the
novelty and technical complexity of the project; the potential for
adverse impacts; the need for close scrutiny of the project; and the
size and scope of the project. The Board, by majority vote, may assess
a fee of up to $50,000 for such major and complex projects. Notwithstanding
any provision in these regulations to the contrary, any unused portion
of the fee assessed for major and complex projects shall be refundable
to the applicant at the time the decision is made on the application.
B.
Exemptions from initial deposits. Form A applications, applications for common driveways, and access other than over the legal frontage require the submission of a project review fee with the initial application. The Planning Board may consider at the first review session, or at any subsequent review session, whether such a fee is warranted, and if so, the amount of the fee may, by vote of the Board, be waived in part or in whole. Such flexibility is necessary because the wide range of scope and scale to such applications makes it difficult to calculate an equitable project review fee without consideration of the project on a case-by-case basis. In addition to those application types listed here, any other type of application not specifically listed in Subsection A above shall be subject to the provisions § 353-4.
C.
Subsequent deposits. When the balance in an Applicant's 593 Account falls below 50% of the initial project review fee, as imposed under Subsection A above or § 353-4, the Planning Board shall consider whether to require a supplemental project review fee to cover the remaining project review and the attendant costs still to come. The Board may also choose to set a different threshold (other than 25% of the initial deposit) to trigger a reconsideration of the issue.
D.
Inspection phase of projects. After the granting of a special permit,
a definitive plan approval, or any permit or approval which will culminate
in construction requiring inspections by Planning Board consultants,
the Board may wish to make an adjustment in the funds held in an applicant's
593 Account.
(1)
The 593 Account may be adjusted by issuing a refund to the applicant
or by requiring a supplemental project review fee.
(2)
Adjustments should be made after all bills for review services have
been accounted for.
(4)
The Planning Board has the right to require supplemental project review fees if the applicant's 593 Account approaches depletion during the inspection phase of the review process. Such findings of the Board, while subject to the provisions of § 353-9B do not require a formal hearing or prior notice to interested parties.
E.
Dormant projects. When an applicant knows that there will be no construction
activity on a project for at least one year after the permitting process,
the applicant may ask the Board for a declaration of "dormant" status
with the following conditions:
(1)
The level of funds in the 593 Account will be adjusted to $500, after
all outstanding bills for review services have been accounted for.
(2)
The applicant must submit the appropriate project review fee to bring
the 593 Account back to the designated level for an active project
before any work may be done on the site.
(3)
The Planning Board may declare that a project no longer qualifies
for "dormant" status, if, in the Board's opinion, circumstances
render that status inappropriate.
(4)
A project brought out of "dormant" status, or a project which in
the opinion of the Planning Board no longer qualifies for "dormant"
status, which has not remained dormant for at least one year shall
be subject to a processing fee of $50.
(5)
Funds in the 593 Account for "dormant" projects may, at the original applicant's discretion, be assigned to a new owner or successor in interest, in the event of a sale or transfer of the land and permits. Appropriate documentation must be provided to the Planning Board establishing the authorization for the reassignment of the 593 Account. (This provision is consistent with § 353-4E, which applies to returned funds at the conclusion of a project.)
A.
The Planning Board may review and revise its regulations and fee
schedules, from time to time, as it sees fit.
B.
The Planning Board shall review its regulations and schedule on an
annual basis as of July 1.
(1)
The Board may waive this provision in any year with a motion carried
by a majority of the members.
(2)
At the time of the Planning Board's annual review, the Board
will consider any petitions submitted by an applicant or other member
of the public to make revisions to the regulations or the fee schedules.
This is the only review initiated by the public. Results of the hearing
and any action or changes to the regulations or fee schedules undertaken
by the Board are final.
The Board shall be required to make decisions, from time to
about fees and about moneys held in the 593 Account. The following
rules shall apply:
A.
Any practices which evolve whereby the Board exempts or reduces fees
in a given, definable situation, not spelled out in these regulations,
requires the following:
B.
The following decisions require Board participation:
(1)
Decisions about individual applications require motions affirmed
by a majority of those present in order to carry, but in no case fewer
than three affirmative votes.
(2)
Decisions concerning revisions in the regulations or the fee schedules
require motions affirmed by a majority of those holding office at
the time of the vote regardless of the number of members in attendance
during the vote.
The following rules apply to fees owed to the Planning Board
by applicants:
A.
All fees past due by one month from the date of invoice shall be
subject to a monthly charge based upon an annual interest rate of
14%.
B.
All costs of collection associated with past due accounts shall be
borne by the applicant.
C.
All applicants owing fees to the Planning Board at the time of any
amendment to these provisions of the regulations shall be sent the
following:
