[1]
Editor's Note: This article was previously amended 12-10-2019.
A.
Purpose. The purpose of this article is to formally establish and
define the charges (fees) designated by the Board of Health for the
Town of Harvard, Massachusetts, under the authority granted by MGL
c. 41, § 81Q, and MGL c. 40A, § 9, MGL c. 40,
§ 22F, and MGL c. 44, § 53G. 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.
B.
Fee structure and regulations established. The Board of Health shall
impose reasonable fees for the review of applications which come before
it. The application fee shall be comprised of one or both of the following
fees: administrative fees and complex project review assessment.
C.
593 ACCOUNT
ADMINISTRATIVE FEES
APPLICATION
COMPLEX PROJECT
COMPLEX PROJECT ADMINISTRATIVE FEE
COMPLEX PROJECT REVIEW ASSESSMENT
ENVIRONMENTAL RESTORATION
Definitions.
A special account established to pay for the employment of
outside consultants. Authorized and maintained pursuant to MGL c.
44, § 53G.
Exact payments assessed on an application or filing.
A written or verbal request for approval from the Board of
Health.
A project which requires a special permit from the Planning
Board or a project which is proposed for a location in a Commercial
District or Multi-Family Zone.
Exact payments assessed to an applicant related to a complex
project.
Monies assessed and kept in a 593 account.
The cleanup of soil and or water impacted by petroleum or
hazardous materials.
D.
Administrative fees.
(1)
An administrative fee shall be assessed to offset the expense
of review by the Board of Health and its office. This administrative
fee applies to all applications except those exempted below.
(2)
Administrative fees are to be submitted as part of the initial
application. An application filed without the inclusion of these fees
shall be determined to be incomplete, and no processing shall be performed
until the proper fee has been submitted.
(3)
Since administrative fees are imposed for the review process,
they are not linked to the determinations of the Board of Health.
There are no fees charged for approvals or permits resulting from
that review process.
(4)
Once the review process has begun, there shall be no refunding
of administrative fees. This includes the withdrawal of the application
by the applicant. For this reason, it is important that applicants
consult with the Board of Health prior to initiating the formal application
to ensure that the appropriate permits and review are being sought.
E.
Schedule of administrative fees.
(1)
The following is the schedule of administrative fees for applications which come before the Board of Health. This fee schedule supersedes all previous schedules and is in addition to any fees which may be required by the Nashoba Associated Boards of Health (NABH) as the Harvard Board of Health's agent. See also Ch. 145, § 145-105.
|
Administrative Fee Schedule
| |
|---|---|
|
Type of Application
|
Fee
|
|
Complex project administrative fee
|
$500
|
|
Sewage disposal system permits
| |
|
New permits
|
$75
|
|
Repair permit
|
$50
|
|
Upgrade permits
|
$75
|
|
Renewal permits
|
$50
|
|
Transfer permits
|
$50
|
|
Well permits
|
$50
|
|
Variance hearing
| |
|
Without abutter notification by applicant
|
$100
|
|
With abutter notification by applicant
|
$150
|
|
Environmental restoration
| |
|
Lot
|
$100 to $200
|
|
Stable permits
| |
|
Initial permit
|
$0
|
|
Renewal (annual)
|
$0
|
|
Title 5 inspection report
|
$75
|
|
Waste hauler permits
| |
|
Initial application package
|
$250
|
|
Renewal:
| |
|
Complete application package received by December
1
|
$250
|
|
Each month or partial month thereafter
|
Additional $200
|
|
Tobacco product sales permit
| |
|
Initial
|
$150
|
|
Renewal (annual)
|
$150
|
|
Marijuana operating permit
| |
|
Initial
|
$150
|
|
Renewal (annual)
|
$150
|
|
Camp license
|
$10
|
|
Ten-Day emergency beaver or muskrat permit application
|
$0
|
(3)
Waivers and modifications. The Board of Health, at its option,
may waive or reduce any fee under these provisions if, in the opinion
of the Board, unusual circumstances exist resulting in an application
fee not envisioned or intended with the adoption of this article.
Such judgment by the Board of Health shall require a motion carried
by a majority of the Board members.
F.
Complex project review assessments.
(1)
Purpose; applicability; procedure. These assessments are deposits
into special escrow accounts, herein "593 accounts" from which expenses
for expert consultant(s) will be paid. This assessment shall be imposed
on those applications which, as determined by the Board of Health,
require the services of outside consultants due to the size, scale
or complexity of the proposed project.
(a)
Monies shall be collected from the applicant and deposited into
the complex project's 593 account upon submission of the application.
The project's 593 account will be managed in accordance with
MGL c. 44, § 53G.
(b)
Upon favorable majority vote of the Board of Health, excess
funds in the complex project's 593 account, including accumulated
interest, shall be returned to the applicant at the conclusion of
the review process.
G.
Schedule of complex project review assessments. When more than one
type of application is being sought at the same time (for the same
complex project), only the highest of the applicable complex project
review assessments shall be collected for deposit into the 593 account,
and not the sum of those monies.
(1)
Initial deposits. The following complex project review assessment
monies for the indicated application types are to be submitted with
their initial applications:
|
Complex Project Review Assessments
| |
|---|---|
|
Type of Review Assessment
|
Fee
|
|
Community or industrial septic or sewerage systems
|
$2,500
|
|
Subdivision/environmental restoration
|
$1,000 plus $250/unit
|
(2)
Exemptions from initial deposits. The Board of Health shall
consider at the first review session, or at any subsequent review
session, whether such an assessment fee is warranted and, if so, the
amount of the fee.
(3)
Subsequent deposits (depletion). When the balance in an applicant's
593 account falls below 25% of the initial project review fee, the
Board will require additional funds in amounts determined by the Board
and consistent with the scope of the project. The Board may also choose
to set a different threshold (other than 25% of the initial deposit)
to trigger requirements for additional fees.
(4)
Inspection phase of projects. After granting any permit or approval
which will culminate in construction requiring inspections by Board
of Health consultants:
H.
Revision of fee schedules and regulations governing fees.
(1)
Periodic review.
(a)
From time to time, the Board of Health may review and revise
its regulations and fee schedules.
(b)
The Board will consider any petitions submitted by an applicant
or other member of the public to make revisions in the regulations
or the fee schedules.
(c)
Any new regulations or alterations to the fee schedule shall
take effect after being adopted by a majority vote of the Board of
Health.
A.
Payments shall be made in cash in the form of US currency, by personal
or business checks or by certified bank funds and made payable to
"The Town of Harvard." These payments shall be presented to the Board
of Health or its agent for deposit into the accounts of the Town of
Harvard by the Town Treasurer in accordance with all Town policies
and stipulations.
B.
In addition to the fees required by these fee regulations, there
may be additional fees required by the Nashoba Associated Boards of
Health (NABH). Those fees are separate from the fees described in
this regulation and must be presented to NABH.
Amendments approved March 25, 2024, shall be effective beginning
April 8, 2024.
