[Adopted 1-13-2004]
The Commission may require the services of outside consultants for the review of work in or near wetland resource areas due to the size, scale, or complexity of a proposed project, because of a project's potential impacts, or because the Town lacks the necessary expertise to perform the review work. As provided by MGL C. 44, § 53G, the Town of Groton Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services deemed necessary by the Commission to (adequately review) 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), the Town of Groton non-zoning wetlands bylaw (Chapter 215 of the Code of the Town of Groton), the Conservation Commission Act (MGL C. 40, § 8C), or any other state or municipal statute, bylaw, ordinance, or regulation, as they may be amended or enacted from time to time.
Funds received by the Conservation Commission pursuant to these rules shall be deposited with the Groton Town 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 Ch. 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. The Commission shall return any unused portion of the consultant fee to the applicant, including any accrued interest, at the conclusion of the project.
Specific consultant services may include, but
are not limited to, resource area survey and delineation, analysis
of resource area values (including wildlife habitat), hydrogeologic
and drainage analysis, drafting a permit, impacts on municipal conservation
lands, and review of environmental or land use law. The consultant
shall be chosen by, and report only to, the Commission and/or its
Administrator.
The Conservation Commission shall decide at
a public hearing and 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 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. 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. 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 the DEP. No additional review or action shall be taken on
the permit request until the applicant has paid the requested fee.
[Amended 10-1-2018 ATM
by Art. 14]
The applicant may appeal the selection of the
outside consultant to the Groton Select Board, who 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 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 Select Board and a copy received by the Conservation
Commission, so as to be received 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.
