Town of Lexington, MA SECTION 176-4.0 FEE SCHEDULE

[Amended 3-27-2019 ATM by Art. 34; 9-22-2021; 6-28-2022; 8-9-2023]

4.1 ADMINISTRATIVE FEES.

[Amended 7-16-2025]

An administrative fee will be assessed to offset the expense of review by the Board and Planning Office for all applications.

4.1.1 Submittal. Administrative fees must be submitted at the time of the submittal of the application unless noted. Failure to submit the fee is grounds for denial of the application.

4.1.2 Administrative Fee Schedule. The following schedule applies to the types of applications to the Board:

Type of Application	Administrative Fee
Unaccepted street: street adequacy determination (SAD), Section 176-7.0	$500
Special Permit or Site Plan Review, Sections 176-6.0, 176-9.0, 176-11.0, or 176-13.0
Minor site plan review	$500
Limited site plan review	$800
Major site plan review or special permit	$2,000, plus $0.09 per square foot of new gross floor area for each new or expanded building
Minor modification to an approved major site plan review or special permit	$500
Minor modification to an approved minor site plan review	$250
PD rezoning, Section 176-8.0
Sketch plan	$2,000
Petition and PSDUP	$4,000

4.1.3 Fee waivers. The Board or Planning Director may waive or reduce any administrative fee upon a determination that unusual circumstances exist concerning the subject property.

4.1.4 No refunds. Administrative fees are not refundable. No fees will be refunded if an application submitted for approval is withdrawn.

4.1.5 Costs of advertising and holding public hearing. The applicant is responsible for the costs of publishing the legal notice of any public hearing. If the Board is required to hold the public hearing in a building other than the Town Office Building and there are costs associated with meeting in another building, the applicant is responsible for those costs. Failure to pay for the legal notice or other hearing costs will be grounds for denial of the application.

4.2 PROJECT REVIEW FEES.

4.2.1 Applicability. In addition to an administrative fee, the Board may impose a project review fee for those applications where, in the judgment of the Planning Director, review by outside consultants is needed because of the size, scale, or complexity of a proposed project, the project's potential impacts, or because the Town lacks the necessary resources 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 able to help the Board and to ensure compliance with all relevant laws, ordinances, bylaws, and regulations. Such support 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. Unless waived by the Planning Director, peer review consulting services will be required for all new construction projects for major site plan review applications.

4.2.2 Submittal. Should the Board require outside review, a project review fee must be submitted to the Planning Office for deposit in a 53G Account. Failure to make this payment is grounds for denial of the application.

4.2.3 Peer Review Cost. The amount of the peer review fee will be estimated by the selected consultant after receipt of the application based on the submittal. The final peer review cost will depend on the number of plan reviews, the number of hearings, and complexity of the project.

4.2.4 Replenishment. When the balance in an applicant's 53G Account falls below 25% of the initial project review fee, as imposed above, the Board may require a supplemental project review fee to cover the cost of the remaining project review. Failure to make this payment is grounds for denial of the application.

4.2.5 Inspection Phase. After the approval of the application, the Board may require a supplemental project review fee to ensure the availability of funds for the inspection phase of the review process.

4.2.6 Handling of Project Review Fees. Project review fees must be turned over to the Town Treasurer by the Planning Office for deposit into a 53G Account.

1. Outside consultants retained by the Board to help in the review of an application must be paid from this account.

2. The Board must provide the following information in a timely fashion on request of the applicant:

a. A statement of principal and interest based on information from the Town Accountant;

b. A report of all checks authorized for issuance; and

c. An estimate of bills pending from consultants for work completed, or in progress, but not invoiced.

3. Remaining funds in the 53G Account, including accumulated interest, must be returned to the applicant, or the applicant's successor in interest, at the conclusion of the review process, as defined below. Any person or entity claiming to be an applicant's successor in interest must provide the Board with documents showing proof of succession in interest:

a. With the disapproval of an application for a special permit or site plan.

b. With the release of the performance bond at the end of the construction of the project.

4.2.7 Appeal. The choice of a consultant by the Board for the review of an application may be appealed by the applicant in writing to the Select Board as provided in MGL c. 44 § 53G. The required time limits for action upon an application by the Board are automatically extended for the duration of the appeal.

4.2.8 Delinquent Accounts. The following rules apply to fees owed to the Board by applicants:

1. Due date. Administrative fees are due at the time of submittal of an application. Project review fees and supplemental project review fees are due within 14 days from the date that the Planning Director determines that they are required.

2. Monthly interest charge. All fees past due by one month from the date of invoice are subject to a monthly interest charge based upon an annual interest rate of 14%.

3. Costs of collection. All costs of collection associated with past due accounts must be borne by the applicant.

4. Current delinquents. All applicants owing fees to the Board at the time of any amendment to these provisions of the regulations must be sent the following:

a. A duplicate notice of the amount past due.

b. A copy of the applicable sections of these regulations with all amendments clearly indicated.

c. Notice of a thirty-day grace period before beginning any changes in interest rates or charges.

5. Failure to pay. Failure to pay delinquent fees, interest, or costs of the collection after 30 days' notice is grounds for denial of an application or rescission of an approved application.