The purpose of the fee system is to defray the costs of administering
the Bylaw, provide engineering and consultants services, requests
for action from the Commission, or to secure and endure satisfactory
performance of work required by any Permit.
A.
At the time of submission of a Notice of Intent or a Request for
a Determination, or other request, the applicant shall pay a filing
fee.
B.
If a filing fee is concurrent with a filing under MGL c. 131, § 40, the Wetlands Protection Act and its regulations and there is a fee specified under those regulations, then the applicant shall only pay that fee. If the filing is under the Bylaw only, or if there is no fee under the Wetlands Protection Act, then the applicant shall pay the filing fee specified below in § 340-6.6.
C.
The filing fee shall be waived for a Notice of Intent, Request for
Determination or other request filed by a government agency.
These fees may be amended as allowed under § 256-4 of the Bylaw.
[Amended 3-25-2002]
A.
Request for Determination. The filing fee shall be calculated by
first determining the size of the property which is to be included
in the Determination
|
Up to 10 acres
|
$75
|
|
10 – 50 acres
|
$200
|
|
More than 50 acres
|
$400
|
B.
Calculation Procedure for Notice of Intent Fee.
(1)
Step 1 - review plans and narrative to identify each activity
in wetland resource areas and buffer zones.
(2)
Step 2 - Determine the number of each activity associated with
the project as provided in the Wetland fee Schedule under MGL c. 131,
§ 40 as provided
(3)
Step 3 - List the fee amount for each category of activity
(4)
Step 4 - Determine the subtotal fee for each type of activity
by multiplying the fee for the activity by the number of activities.
(5)
Step 5 - Add the additional fee for each activity under the
Swansea Wetlands Protection Bylaw as defined in Appendix B
(6)
Step 6 - Add all of the subtotals identified in step 4 to determine
the total fee.
C.
Notice of Intent. See Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
D.
Certificates of Compliance - $55.
E.
Extension Requests - $55.
If, at any time, the applicant withdraws the Notice of Intent
or Request for Determination, which has been filed, there will be
no refund of the fee, which was paid.
[Amended 2-23-2004]
A.
As provided by MGL c. 44, § 53G, the Swansea Conservation
Commission may impose reasonable fees for the employment of outside
consultants, engaged by the Conservation Commission for specific expert
services deemed necessary to the Commission to come to a final decision
on an application submitted to the Conservation Commission pursuant
to the requirements of their Wetlands Protection Act (MGL c. 131,
§ 40) and the Town of Swansea Wetlands Protection Bylaw,[1] Conservation Commission Act (MGL c. 40, § 8C),
or any other state or municipal statute, bylaw or regulation as they
may be enacted or amended from time to time.
B.
Funds received by the Conservation Commission pursuant to these rules
shall be deposited with the Swansea treasurer who shall establish
a special account for this purpose. Expenditures from this special
account may be made at the discretion 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
the review of a specific project or projects for which a consultant
fee has been collected from the applicant.
C.
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. The consultant shall be chosen
by, and report only to, the Commission and or its Agent.
D.
The consultant shall be chosen in accordance with the written policy
of the Swansea Conservation Commission.
E.
The Conservation Commission shall give written notice to the applicant
of the selection of an outside consultant, which notice shall state
the identity of the consultant, the amount of the fee to be charged,
to the applicant, and a request for the payment of the fee in its
entirety. Such notice shall be deemed to have been given on the date
it was 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 the notice is given.
F.
The fee must be received in its entirety 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.
G.
Failure by the applicant to pay the consultant fee specified by the
Commission within 10 business days of the request for payment shall
be cause for the Commission to determine that the application is administratively
incomplete (except in the case of an appeal). The Commission shall
state such in a letter to the applicant, copied to DEP. No additional
review or action shall be taken on the permit request until the applicant
has paid the requested fee.
H.
The applicant may appeal the selection of the outside consultant
to the selectboard who may disqualify the outside consultant only
on the grounds that the consultant has a conflict or[2] interest or does not possess the minimum 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. The applicant may not appeal on the basis of the
scope of the work and the amount of the fees. Such an appeal must
be in writing and received by the selectboard and a copy received
by the Conservation Commission within 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.
[2]
Editor's Note: So in original; should be "of".
A.
Security.
(1)
The Commission may require the establishment of an escrow account
or other security running to the benefit of the Town of Swansea, sufficient
as to form and surety in the opinion of the Commission to secure faithful
and satisfactory performance of work required by any permit in such
sums and upon such conditions as the Commission may require.
(2)
Notwithstanding the above, the amount of such escrow account
or security shall not exceed the estimated cost including inflation
of the work required or the restoration of affected lands and properties
if the work is not performed as required, whichever is greater. Forfeiture
of any such escrow account or security shall be as detailed in MGL
c. 41, § 81U.
B.
Replication Projects. For replication projects, the applicant shall
provide an escrow bond for the duration of a monitoring program plus
one year to cover the correction of any deficiencies revealed by the
program. Said bond shall, at a minimum, be equal to the initial cost
of the replication.
