[Adopted 11-23-2010]
[1]
Editor's Note: See the consultant selection form, included as an attachment to this chapter.
As provided by Chapter 593 of the Acts of 1989, MGL c. 44, § 53G,
and pursuant to MGL c. 111, § 31, the South Hadley Board
of Health adopts the following regulation for the establishment of
a special account, effective upon publication.
The South Hadley Board of Health may impose reasonable fees
for the employment of outside consultants, engaged by the Board of
Health, for the 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 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 shall
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 or will be collected from the applicant. Failure
of an applicant to pay a review fee shall be grounds for denial of
the permit application.
A.
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.
B.
The applicant may appeal the selection of the outside consultant
to the South Hadley Selectboard, 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 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. Such an appeal
must be in writing and received by the Selectboard, and a copy received
by the Board of Health, so as to be received 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.
