[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.
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.
C.
Exemptions. Some types of Planning Board activities
require no administrative fee.
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.
(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.
(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.
(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.
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:
(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:
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
| |
