[Amended 4-26-2017 by
Conservation Commission]
A. Purpose. As provided by MGL c. 44, § 53G, the Orleans Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services. Such services shall be deemed necessary by the Commission to come to a final decision on an application submitted to the Conservation Commission pursuant to the requirements of: the Wetlands Protection Act (MGL c.131, § 40 and 310 CMR 10.00), the Town of Orleans Wetland By-law (Chapter
160), the Town of Orleans Wetland Protection Regulations (Chapter
196A), Conservation Commission Act (MGL c. 40, § 8C), or any other state or municipal statute, bylaw or regulation, as they may be amended or enacted from time to time. The Conservation Commission may also impose fees for other consultant services, related to application review, or permit conditioning or monitoring, under any of the above-referenced laws or regulations.
B. Special account. Funds received pursuant to these rules shall be
deposited with the Town of Orleans Treasurer who shall establish a
special account for this purpose. Expenditures from this special account
may be made at the direction of the Conservation Commission without
further appropriation as provided in MGL c. 44, § 53G. Expenditures
from this account shall be made only in connection with a specific
project or projects for which a consultant fee has been collected
from the applicant. Expenditures of accrued interest may also be made
for these purposes.
C. Consultant services. Specific consultant services may include but
are not limited to resource area survey and delineation, analysis
of resource area values, hydrogeologic and drainage analysis, impacts
on municipal conservation lands, and environmental or land use law.
Services may also include on-site monitoring during construction,
or other services related to the project deemed necessary by the Commission.
The consultant shall be chosen by, and report only to, the Commission
and/or its administrator.
D. Notice. The Conservation Commission shall give written notice to
the applicant of the selection of an outside consultant. Such notice
shall state the identity of the consultant, the amount of the fee
to be charged to the applicant, and a request for payment of said
fee in its entirety. Such notice shall be deemed to have been given
on the date it is mailed or delivered. No such costs or expenses shall
be incurred by the applicant if the application or request is withdrawn
within five days of the date notice is given.
E. Payment of fee. The fee must be received prior to the initiation
of consulting services. The Commission may request additional consultant
fees if necessary review requires a larger expenditure than originally
anticipated or new information requires additional consultant services.
Failure by the applicant to pay the consultant fee specified by the
Commission within ten (10) business days of the request for payment,
or refusal of payment, shall be cause for the Commission to deny the
application based on lack of sufficient information to evaluate whether
the project meets applicable performance standards in 310 CMR 10.00
and the Town of Orleans Wetland Bylaw or its regulations. An appeal
stops the clock on the above deadline; the countdown resumes on the
first business day after the appeal is either denied or upheld. A
denial for lack of information may be based solely on the lack of
the third party consultant review identified as necessary by the Commission.
The Commission shall specify in its denial the nature of the information
lacking which its chosen consultant would provide, e.g. the questions
it needs answered.
F. Appeals. The applicant may appeal the selection of the outside consultant
to the Orleans Board of Selectmen, who may only disqualify the outside
consultant selected 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 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 Orleans Board of Selectmen and a copy received by the Conservation
Commission, so as to be received within ten (10) days of the date
consultant fees were requested by the Conservation Commission. The
required time limits for action upon the application shall be extended
by the duration of the administrative appeal.
G. Return of unspent fees. When the Commission's review of a project
is completed and an order of conditions issued, any balance in the
special account attributable to that project shall be returned within
30 days. The excess amount, including interest, shall be repaid to
the applicant or the 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 Commission
with appropriate documentation. A final report of said account shall
be made available to the applicant or applicant's successor in
interest.