[Adopted 10-4-1990; amended in its entirety 5-1-2008]
A. 
On October 4, 1990, the Planning Board held a public hearing, pursuant to M.G.L. C. 41, § 81Q, and C. 40A, § 9, to consider a proposed change in fee structures and regulations governing their imposition. At the close of that meeting, the Planning Board voted to adopt a new schedule of fees for the review work, conducted by the Planning Board and its consultants, on the various types of applications which come before it. 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. These regulations were amended on October 21, 1993, October 20, 1994, and November 7, 1996, and January 30, 2002.
B. 
Introduction. In the past, fees imposed for the consideration of various types of applications have been approximations of the costs of processing those applications. These new regulations and fees are designed to produce, as much as possible, a more equitable schedule of fees which more accurately reflects the costs of review. It is not possible to guarantee complete accuracy in a fee structure, but the Planning Board has analyzed applications going back more than 10 years in an attempt to forge a system that is as fair and equitable as possible. In late 1989, the state enacted legislation (This act was approved on December 8, 1989, and became effective on March 8, 1990. The Act, Chapter 593 of the Acts of 1989, inserts a new § 53G in M.G.L. C. 44. A copy of the legislation is available from the Planning Board office.) authorizing towns to establish special accounts, hereafter referred to as "593 Accounts," to pay for the employment of outside consultants under the Subdivision Control Law or the Groton Zoning Bylaw.[1] Fees charged to applicants specifically to pay outside consultants are to be deposited into these 593 Accounts by the Town Treasurer. The Planning Board may then expend the funds, without Town Meeting appropriation, in connection with the employment of these consultants. With the addition of this new structure, the Planning Board is able to create a more exact method of assessing fees.
[1]
Editor's Note: See Ch. 218, Zoning.
The Planning Board shall impose reasonable fees for the review of applications which come before it. One or both of the following fee structures (§ 381-29, Administrative fees, and § 381-30, Project review fees) may apply to various types of applications.
A. 
General regulations.
(1) 
An administrative fee shall be assessed to offset the expense of review by the Planning Board and its office. This administrative fee applies to all applications except those exempted in Subsection C 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 review work shall commence until all submission requirements have been met.
(3) 
Since administrative fees are imposed for the review process, they are not linked in any way to the determinations of the Planning Board. There are no fees charged for approvals or permits resulting from that review process.
(4) 
Once the review process has been started, there shall be no refunding of administrative fees, including the case of withdrawal of the application by the applicant. For this reason, it is important that applicants consult with the Planning Board office prior to formal application to ensure that the appropriate permits and review are being sought.
(5) 
For those applications which are assessed administrative fees calculated, in part, by the number of lots or units being sought, and which, during the review process, undergo a change in design resulting in a change in the number of lots or units being sought, the following rules shall apply:
(a) 
If the number of lots or units being sought increases over the number previously sought, the applicant shall pay a fee equivalent to the difference between the fee originally paid and the fee that would have been paid had the original submission included these additional lots or units. No review of these additional lots or units shall take place until this additional fee is paid to the Planning Board office, and failure to make this payment after requesting additional lots shall be grounds for denial of the application.
(b) 
If the number of lots or units being sought decreases from the number originally sought, a refund of that portion of the application fee predicated on those lots or units shall be granted only if, in the judgment of the Planning Board, no review of those lots or units has taken place or no incremental expense has been incurred by the Board in the review process which would not have been incurred in the absence of the lots or units to be deleted. Such judgment by the Planning Board shall require a motion carried by a majority of elected or appointed Board members and the Board's judgment in such matters shall be deemed final.
B. 
Schedule of administrative fees. The following is the schedule of fees for all types of applications which come before the Planning Board. This schedule supersedes all previous schedules as they appeared in the Groton Zoning Bylaw,[1] the Rules and Regulations for the Subdivision of Land,[2] and any listings which may have been compiled from time to time for the benefit of applicants.
[Amended 6-23-2016]
(1) 
ANR plans. Determinations on "approval not required" plans shall require a fee of $100 for plans showing a lot line change or $100 plus $250 for each new lot shown on the plan.
(2) 
Preliminary plans. Review of preliminary plans shall require a fee of $500 plus $250 for each building lot shown on the plan. (It should be noted that fees for review of a preliminary plan shall be credited toward the fees required for a definitive plan should such a plan be forthcoming.)
(3) 
Definitive plans. Review of definitive plans shall require a fee of $2,500 plus $750 for each building lot shown on the plan. (It should be noted that fees for review of a preliminary plan shall be credited toward the fees required for a definitive plan.)
(4) 
Modification of a definitive plan. Consideration of a modification to a definitive plan shall require a fee of $200 plus $100 for each new building lot created. The total fee required shall be the addition of all fees outlined above, and conformance of the submitted fee and the actual review work shall be subject to review by the Board during the review process.
(5) 
Special permit. Review of a special permit shall require a fee of $500. Modification or extension of a special permit shall require a fee of $150 for an administrative change and $300 for a major change that triggers a public hearing and legal notice.
(6) 
Special permit for flexible development, major residential development, multifamily and shared driveways. Review of a special permit for:
(a) 
Creation of new residential dwellings within a shared driveway: Groton Zoning Bylaw § 218-23;
(b) 
Flexible development: Groton Zoning Bylaw § 218-26;
(c) 
Major residential development: Groton Zoning Bylaw § 218-26.1;
(d) 
Multifamily: Groton Zoning Bylaw § 218-27C or shall require a fee of $500 plus $250 for each unit in the application.
(7) 
Site plan review. Review of site plans shall require the following application fees:
(a) 
For site plans submitted under Groton Zoning Bylaw § 218-25C(1), Minor: $300.
(b) 
For site plans submitted under Groton Zoning Bylaw § 218-25C(2), Major:
[1] 
Institutional, business and/or industrial use: $500+$20 per new parking space ($7,500 maximum);
[2] 
Residential use: $500+$50 per new dwelling unit;
[3] 
Wireless facility or wind turbine: $500+$10 per linear foot of new facility height;
[4] 
Solar facility: $500+$100 per megawatt of new solar installation.
(8) 
Scenic roads. Review of the cutting and removal of trees and stone walls along scenic roads shall require a fee of $200.
(9) 
Concept plan. Review of a concept plan as defined in Groton Zoning Bylaw § 218-4 shall be free for the first review and $150 for each subsequent review.
(10) 
Repetitive petition. Consideration of a petition for a rehearing from the Zoning Board of Appeals shall require a fee of $150.
[1]
Editor's Note: See Ch. 218, Zoning.
[2]
Editor's Note: See Part 1, Subdivision Rules and Regulations, of this chapter.
C. 
Exemptions. Some types of Planning Board activities require no administrative fee.
(1) 
Informal discussions shall require no fee.
(2) 
Road adequacy. Determination of adequacy of a road to serve a lot or subdivision project shall require no fee.
(3) 
The Planning board waives any administrative fee under these provisions for applications brought forward by other Town departments.
D. 
Waivers and modifications. The Planning Board, at its option, may waive or reduce any fee under these provisions if, in the opinion of the Board, unusual circumstances result in an application fee not envisioned or intended with the adoption of these regulations and fee schedules. The Planning Board must be consistent in applying this provision. Such judgment by the Planning Board shall require a motion carried by a majority of the Board members.
A. 
In addition to an administrative fee, which the Planning Board has traditionally imposed, a new second type of fee, referred to herein as the "project review fee," is now possible. This fee is to be deposited into a special account as enabled by M.G.L. C. 44, § 53G, referred to herein as the "593 Account." This fee shall be imposed on those applications which, as designated by the Planning Board, require the services of outside consultants for the review process 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 related to the permit or approval. In hiring outside consultants, the Board may engage engineers, planners, lawyers, designers or other appropriate professionals who can assist the Board in analyzing a project to ensure compliance with all relevant laws, ordinances, bylaws and regulations. Such assistance 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. The term "fee" has a different connotation when used in the phrase "administrative fee" than when used in the phrase "project review fee." Administrative fees are exact payments assessed to an applicant and are therefore a precise, known project cost. Project review fees are really deposits into a special "escrow" account from which actual review costs will be paid. Because any excess left in the account will be returned to the applicant, it is not known at the time the project review fee is imposed what the actual eventual project cost will be.
(1) 
Monies shall be collected from the applicant and deposited into the 593 Account upon submission of the application. The applicant must also furnish the Town Treasurer with either a federal identification number or a social security number for earned interest reporting to the Internal Revenue Service.
(2) 
Outside consultants retained by the Planning Board to assist in the review of an application shall be paid from this account.
(3) 
The Planning Board shall determine the amount of initial deposit to be made, as put forth in the accompanying schedule, and the amount of any additional funds required during the process, should the applicant's 593 Account approach depletion. Such determinations shall be consistent with the requirements of § 381-31B(2).
(4) 
Any excess amount attributable to a particular project, including accrued interest, will be repaid to the applicant, or the applicant's successor in interest, at the conclusion of the review process. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.
(5) 
Should it become apparent to the Planning Board, and the applicant is in agreement, that an application requires the services of outside consultants for proper review, the Board may require the imposition of this second type of fee, even if it is not normally part of the review process for that type of application, and providing that said imposition is in compliance with the state enabling legislation.
B. 
Administrative appeal.
(1) 
The choice of a consultant selected by the Planning Board for the review of an application may be appealed in writing to the Select Board by the applicant, providing such appeal is initiated within two weeks of the initial selection.
[Amended 10-1-2018 ATM by Art. 14]
(2) 
The Select Board shall convene a formal hearing within 20 days of receiving a written appeal filed by an applicant.
[Amended 10-1-2018 ATM by Art. 14]
(3) 
There are two conditions which will disqualify the selected consultant:
(a) 
Conflict of interest. A consultant may not have a financial interest in a project under review, or be in a position to financially benefit in some way from the outcome of the pending review process. Consultants must be in compliance with the Massachusetts Conflict of Interest Law (Chapter 268A).
(b) 
Lack of appropriate qualifications. A consultant must possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a related field.
(4) 
The two conditions of Subsection B(3) above are the only grounds for an appeal.
(5) 
The required time limits for action upon an application by the Planning Board shall be extended by the duration of the administrative appeal.
(6) 
If no decision is rendered by the Select Board within one month following the filing of the appeal, the selection made by the Planning Board shall stand.
[Amended 10-1-2018 ATM by Art. 14]
(7) 
This administrative appeal shall not preclude further judicial review, if otherwise permitted by law, on the grounds provided for in this section.
C. 
Administration of funds for project review fees.
(1) 
Funds collected from various applicants for the 593 Account shall be turned over to the Town Treasurer by the Planning Board office for deposit into an account separate from other funds.
(2) 
A copy of the latest statement from the banking institution handling the 593 Account shall be forwarded from the office of the Town Treasurer to the Planning Board office as soon as it is received to allow for timely and accurate accounting.
(3) 
The Town Accountant shall prepare a report on activity in the 593 Account on an annual basis.
(a) 
This report shall be submitted to the Select Board for their review.
[Amended 10-1-2018 ATM by Art. 14]
(b) 
This report shall be printed in the Annual Report for the Town of Groton.
(4) 
An accounting of an applicant's funds held in the 593 Account may be requested by the applicant at any time.
(a) 
The Planning Board shall respond to the request in a timely fashion.
(b) 
This accounting shall include a report of all deposits made to the account and invoices paid from the account for the project.
(c) 
This accounting shall not include an estimate of accumulated interest since the last banking statement.
(5) 
An applicant may request an estimate of bills pending from consultants for work completed, or in progress, but not yet invoiced. It should be understood that this information will take a longer time period to gather. Because of the extra work involved, applicants should request this further accounting only if they are contemplating withdrawal or suspension of their application.
(6) 
If available, a brief account summary of the type described under item Subsection C(4) above shall be furnished to both the Planning Board and the applicant at each hearing. This will allow the Board to determine if further funds will need to be collected and deposited into the 593 Account should it approach depletion.
(7) 
Excess fees in the 593 Account, including accumulated interest, shall be returned to the applicant at the conclusion of the review process as defined herein:
(a) 
With the approval or disapproval (final action) of a preliminary subdivision plan. The applicant may choose to leave the remaining funds in the 593 Account, and those funds, including accumulated interest, shall be credited toward the definitive plan project review fee.
(b) 
With the approval or disapproval (final action) of a definitive subdivision plan. The applicant may choose to leave the remaining funds in the 593 Account, and those funds, including accumulated interest, shall be credited toward the inspection phase project review fee.
(c) 
With the final release of the performance bond at the end of construction of an approved definitive subdivision plan.
(d) 
With the final inspection or the approval or disapproval (final action) on all other types of applications under the Groton Zoning Bylaw, whichever comes later.
D. 
Schedule of project review fees. When more than one type of application is being sought at the same time (for the same project), only the highest of the applicable project review fees shall be collected for deposit into the 593 Account, and not the sum of those fees.
(1) 
Initial deposits. The following project review fees for the indicated application types are to be submitted with their initial applications:
(a) 
A preliminary plan shall require the following initial project review fee:
Project Size
Fee
2 to 10 lots/units
$3,000
11 to 50 lots/units
$5,000
More than 50 lots/units
$7,500
(b) 
A definitive plan shall require the following initial project review fee:
Project Size
Fee
2 to 10 lots/units
$10,000
11 to 50 lots/units
$15,000
More than 50 lots/units
$20,000
(c) 
A special permit for multifamily (Groton Zoning Bylaw Section 218-27C) shall require the following initial project review fee:
Project Size
Fee
3 to 20 units
$5,000
More than 20 units
$7,500
(d) 
A special permit for flexible development (Groton Zoning Bylaw § 218-26) or major residential development (Groton Zoning Bylaw § 218-26.1) shall require the following initial project review fee:
[Amended 6-23-2016]
Project Size
Fee
3 to 20 units
$5,000
More than 20 units
$7,500
(e) 
A special permit for major projects (Groton Zoning Bylaw § 218-4, Definitions, and § 218-18D):
Project Size
(floor area)
Fee
5,000 to 10,000 square feet
$2,000
10,000 to 100,000 square feet
$5,000
More than 100,000 square feet
$10,000
(f) 
A special permit for a personal wireless communication facility (Groton Zoning Bylaw § 218-25.1):
Project Type
Fee
Telecommunication facility
$10,000
Collocation on an existing telecommunication facility
$2,500
(g) 
A special permit for site plan review [Groton Zoning Bylaw § 218-25C(2), Major] shall require the following initial project review fee: $7,500.
[Amended 6-23-2016]
(h) 
A special permit for shared driveways [Groton Zoning Bylaw § 218-23D, Shared driveways] shall require an initial project review fee of $1,000.
(2) 
Exemptions from initial deposits. Applications involving a single lot do not require the submission of a project review fee with the initial application. The Planning Board shall consider at the first review session, or at any subsequent review session, whether such a fee is warranted and, if so, the amount of the fee. Such flexibility is necessary because the wide range of scope and scale to such applications makes it difficult to calculate an equitable project review fee without consideration of the project on a case-by-case basis. In addition to those application types listed here, any other type of application not specifically listed in Subsection D(1) above shall be subject to Subsection A(5).
(3) 
Subsequent deposits. When the balance in an applicant's 593 Account falls below 25% of the initial project review fee, as imposed under Subsection D(1) above or Subsection A(5), the Planning Board shall consider whether to require a supplemental project review fee to cover the remaining project review and the attendant costs still to come. The Board may also choose to set a different threshold (other than 25% of the initial deposit) to trigger a reconsideration of the issue.
(4) 
Inspection phase of projects. After the granting of a special permit, a definitive plan approval, or any permit or approval which will culminate in construction requiring inspections by Planning Board consultants, the Board may wish to make an adjustment in the funds held in an applicant's 593 Account.
(a) 
The 593 Account may be adjusted by issuing a refund to the applicant or by requiring a supplemental project review fee.
(b) 
Adjustments should be made after all bills for review services have been accounted for.
(c) 
The following levels are suggested for the Board's consideration:
[1] 
All projects {other than those covered by Subsection D(4)(c)[2] below}:
Project Size
593 Account Level
2 to 12 lots/units
$2,500
12 to 50 lots/units
$3,500
More than 50 lots/units
$5,000
[2] 
Special permit, multifamily (Groton Zoning Bylaw § 218-27C), regardless of size: $2,000.
(d) 
The Planning Board has the right to require supplemental project review fees if the applicant's 593 Account approaches depletion during the inspection phase of the review process. Such findings of the Board, while subject to the provisions of § 381-31B(2), do not require a formal hearing or prior notice to interested parties.
A. 
General provisions.
(1) 
The Planning Board may review and revise its regulations and fee schedules, from time to time.
(a) 
The Board must do so within an advertised public hearing.
(b) 
Voting requirements shall be those spelled out in Subsection B(2) below.
(c) 
Any new regulations or alterations to the fee schedule shall take effect upon filing a copy of the amendments with the Groton Town Clerk and transmittal to the Register of Deeds and Recorder of the Land Court.
(2) 
The Planning Board will review its regulations and fee schedule on an annual basis.
(a) 
The Board may waive this provision in any year with a motion carried by a majority of the Board members.
(b) 
At the time of the Planning Board's annual review, 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.
[1] 
This is the only review initiated by the public.
[2] 
Results of the hearing and any action or changes to the regulations or fee schedules undertaken by the Board are final.
B. 
Decisions. The Board shall be required to make decisions, from time to time, about fees and about monies held in the 593 Account. The following rules shall apply:
(1) 
Any practices which evolve whereby the Board exempts or reduces fees in a given, definable situation, not spelled out in these regulations, require the following:
(a) 
Such practices, once recognized, must be applied uniformly to the extent practical and possible.
(b) 
Such practices should be reviewed during the annual review hearing or sooner to see if they can be codified and incorporated into these regulations.
(2) 
Decisions require the following Planning Board participation:
(a) 
Decisions about individual applications require motions affirmed by a majority of those present in order to carry, but in no case fewer than three affirmative votes.
(b) 
Decisions concerning revisions in the regulations or the fee schedules require motions affirmed by a majority of those holding office at the time of the vote regardless of the number of members in attendance during the vote.
The following rules apply to fees owed to the Planning Board by applicants:
A. 
All fees past due by one month from the date of invoice shall be subject to a monthly interest charge based upon an annual interest rate of 14%.
B. 
All costs of collection associated with past due accounts shall be borne by the applicant.
C. 
All applicants owing fees to the Planning Board at the time of any amendment to these provisions of the regulations shall be sent the following:
(1) 
A duplicate notice of the amount past due.
(2) 
A copy of the applicable sections of these regulations with all amendments clearly indicated.
(3) 
Notice of a thirty-day grace period before the commencement of any changes in interest rates or charges.
D. 
In the event an account is delinquent for more than 90 days, the Planning Board may request that the Tax Collector place a municipal lien on the applicant's property.
[Amended 2-18-2016]
In accordance with M.G.L. C. 43D, Expedited Local Permitting, the following fees apply to projects located in the Town Center Overlay District (TCOD) Priority Development Site. The Planning Board, acting as special permit granting authority for the Town Center Overlay District, will collect administrative and project review fees for most departments in order to expedite the application process. These fees do not include such fees to be paid to the Commonwealth of Massachusetts Department of Environmental Protection (DEP), the Town of Groton Water Department or the Town of Groton Sewer Department. The applicant shall submit one check for all applicable administrative fees and a separate check for all applicable project review fees.
Chapter 43D Administrative Fees
[Amended 6-23-2016]
Board of Health
Amount
Retail food
$50
Restaurant:
Take out
$25
Fewer than 25 seats
$25
25 to 50 seats
$50
More than 50 seats
$50
Frozen dessert license
$25
Milk license
$25
Conservation Commission
Amount
Single minor project
$25
New residential
$125
Multifamily
$500
Nonresidential
$500
Drainage basin
$500
Wetlands crossing
Driveway
$75
Roadway
$500
Earth Removal Stormwater
Amount
Earth removal exemption
$50
Stormwater permit
Limited
$100
Full
$500 + SF of impervious area/40,000 SF x $1,000
Historic Districts Commission
Amount
Certificate of appropriateness
$150
Planning Board
Amount
Special permit
$500
Per residential unit
$250
Site plan review
Minor
$300
Major:
Per residential unit
$500+$50/new dwelling unit
Per nonresidential unit
$500+$20/new parking space ($7,500 max.)
Per nonresidential unit
$150
Roads and Ways
Amount
Scenic roads
$200
Driveway permit
$50
Road opening per linear foot
$1
Signs
Amount
Located in RA District
$30
Located in RB District
$50
Chapter 43D Project Review Fees
Board of Health/Nashoba Associated Board of Health
Amount
Retail food
$150
Restaurant:
Take out
$150
Fewer than 25 seats
$150
25 to 50 seats
$200
More than 50 seats
$250
Conservation Commission
Amount
Notice of intent
$5,000
Planning Board
Amount
Special permit/site plan review
Per residential unit
$250
Per SF nonresidential GFA
$1
Earth Removal Stormwater Committee
Amount
Stormwater permit/LID review
Limited
$500
Full
$1,000