A. 
These are the rules and regulations for special permits of the Townsend Planning Board.
B. 
These rules are adopted under the authority of MGL c. 40A.
C. 
Those appendices identified as "auxiliary" are not part of these rules but are published together with these rules for the convenience of applicants, the general public, the Town and the Planning Board. For editorial convenience, these are numbered consistently with these rules and regulations.
D. 
Purpose. These regulations are adopted for all purposes provided for in the Zoning Act and Townsend Zoning Bylaw, including but not limited to protecting the safety, convenience and welfare of the Town of Townsend and its inhabitants.
A. 
These rules may be amended only through the procedures required by MGL c. 40A and any applicable provisions of the Townsend Charter or General Bylaws.
B. 
Normally this requires a simple majority vote and filing with the Town Clerk.
C. 
The auxiliary appendices may be amended through a simple majority vote at any properly posted meeting of the Planning Board.
Unless otherwise indicated by context, the following terms shall have the indicated definitions:
53G ACCOUNT
An account set up by the Town Treasurer in accordance with the provisions of MGL c. 44, § 53G for the purpose of administering consulting fees collected according to these rules and regulations. As used in these rules and regulations, the term "53G account" will normally refer to those amounts attributable to a specific project.
BUFFER ZONE
When not otherwise qualified, any required buffer around wetlands, perennial streams, wellhead zones, etc.
HIGH GROUNDWATER
Any area within the aquifer protection or wellhead protection overlay districts where the groundwater is closer than seven feet to the surface, or any other area where the groundwater is closer than four feet to the surface.
HIGHWAY SUPERINTENDENT
Includes his designee.
LARGER SCALE
Refers to a map scale that is larger than some other map scale. For example, a scale of one inch equals 40 feet (1:40) is a larger scale than a scale of one inch equals 100 feet (1:100).
LOT
A property that conforms to the Townsend Zoning Bylaw's requirements for a structure or use or is purported, alleged, intended or proposed to conform. The use of this term by the Planning Board shall not, in and of itself, imply any finding, determination or agreement by the Planning Board that the property actually does conform.
MAIN BODY OF THE RULES
Refers to these rules and regulations for special permits, excluding the appendices. We use this term to help clarify cross-references; it does not imply any legal distinction between the main body of the rules and those appendices that are part of the rules.
MAP SCALE
Map scale is the ratio of distance on the map to the corresponding distance on land. For example, if one inch represents 40 feet, then the map scale is 1":40' or 1/40.
OSMD
Open space multifamily development, as defined by the applicable provisions of the Townsend Zoning Bylaw.
OSPD
Open space preservation development, as defined by the applicable provisions of the Townsend Zoning Bylaw.
PARCEL
A property that does not conform to the Townsend Zoning Bylaw's requirements for a structure or use.
REGULARLY SCHEDULED MEETING
A meeting scheduled to occur on a monthly basis, generally on the same day of the week and same week of the month. This will include rescheduled dates for such meetings (e.g. when the regularly scheduled meeting would fall on a state holiday) but does not include additional meetings scheduled as a result of extra workload or for specific purposes (even if such additional meeting occurs on the same day of the week as the regularly scheduled meeting).
SMALLER SCALE
Refers to a map scale that is smaller than some other map scale. For example, a scale of one inch equals 2,000 feet (1:2000) is a smaller scale than a scale of one inch equals 100 feet (1:100).
SUBDIVISION CONTROL LAW
MGL c. 41, §§ 81K through 81GG.
WETLAND
Any area defined as a wetland by either MGL or Townsend bylaws.
ZONING ACT
MGL c. 40A.
A. 
For any application under these rules and regulations, the Board may employ an outside consultant at the expense of the applicant. Fields for which the Board may require a consultant include but are not limited to: any relevant engineering field, architects, landscape architects, soil scientists, hydrologists, environmental scientists, botanists, attorneys, professional planner, real estate appraiser or broker, licensed construction supervisors, licensed general contractors, etc.
B. 
Where circumstances warrant, in the opinion of the Board, a specialist or individual with special expertise in a field may be required.
C. 
The Board will normally require the fees to cover the costs of outside consultants to be deposited in advance with the Town, in accordance with the provisions of MGL c. 44, § 53G. Such fees will be deposited in a separate account, and any amounts remaining in said account after the completion of the associated project will be refunded to the applicant or successor, in accordance with these rules and said state law. When the expense of such consultants exceeds the currently available funds in the 53G account, the applicant is required to provide such additional and appropriate funds within 14 days of notification by the Board of the required amount.
D. 
The choice of outside consultant may be appealed to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of 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. The required time limits for action upon an application by the Board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Board of Selectmen within one month following the filing of the appeal, the selection made by the Planning Board shall stand (but may be appealed to the courts).
E. 
The Planning Board will normally allow 10 days between the selection of a consultant and the start of work, to give the applicant an opportunity to file such an appeal, but will begin work sooner if approval is given by the applicant. If such appeal is made, the applicant shall notify the Planning Board by certified mail immediately after filing such appeal with the Board of Selectmen. The Planning Board, at its earliest opportunity after receiving such notification, shall direct the consultant to cease work until the appeal is resolved. The applicant shall be liable for all costs due to the consultant prior to the direction to cease work.
F. 
To the extent that services are provided by Town Counsel under a flat-rate retainer, such services will not be charged directly to the applicant. However, should circumstances require employment of outside counsel (for example, due to a conflict of interest) or otherwise be billed to the Town for a specific service related to an application, then such fees will be paid out of the 53G account or by the applicant. This section does not preclude the charging of supplemental fees for specific legal services performed by Town Counsel, with such fees paid to the Town to offset the cost of the Town's retainer with Town Counsel.
A. 
All expenses incurred by the Town for processing an application shall be borne by the applicant. Whenever any extraordinary expense occurs that is not covered by the fee structure, such items may be billed directly to the applicant.
B. 
Fees are divided into application, consulting and supplemental.
C. 
Application fees must accompany any application before the Board under these rules and regulations. They are intended to cover the general cost to the Town of processing the application, excluding costs covered by the more specific fees. The general costs may include indirect costs. Application fees are deposited into the general treasury of the Town.
D. 
Consulting fees are fees to cover the cost of outside consultants and are handled according to the provisions of § 175-26.
E. 
Supplemental fees are fees to cover the cost to the Town of specific services, where such services may be clearly identified or quantified, and can be expected to vary depending on the project. Examples include the cost of inspections by the Town Highway Department, review of bonds, deeds, easements or other documents by Town Counsel, etc.
F. 
If a fee paid by check or other non-cash method is returned or otherwise uncollectable, then the applicant shall be liable to the Town for all costs incurred as a result. No resubmission of the application will be accepted unless accompanied both by the fees due under the application and the additional amounts required under this section. The Planning Board may require that all future amounts due with relation to this application or related applications before the Planning Board be made by certified or cashiers check. If a fee is returned or otherwise uncollectable prior to a decision, then application will be rejected as incomplete. If a fee is returned or otherwise uncollectable subsequent to a decision, then any approval of such application is automatically rescinded.
G. 
It is the policy of the Board to waive application and supplemental fees for applications submitted on behalf of the Town (but not the Water Department, Regional School District or other Town agencies that are largely financially separate from the Town nor any project for which revenue other than the Town's property tax or normal state aid is applicable). This is specifically because charging a fee in such cases would be accounted as an expenditure from some budgeted item and as general revenue, without any real explicit cost to the Town.
H. 
The following application fees are hereby established:
[Amended 9-27-2010; 1-2-2013; 9-22-2014]
Purpose
Amount
ANR Plan:
Filing fee
$75
Per lot and parcel
$75
Preliminay Subdivision:
Filing fee
$700 and $100 per lot
Consultant fee (53G account)
$2,500
Definitive Subdivision:
Filing fee
$1,500 and $300 per lot
Consultant fee (53G account)
$10,000
Modification
$350 and $50 per lot
OSPD
$1,000
If applied simultaneously with definitive subdivision
$600
OSMD
$1,000
If applied simultaneously with definitive subdivision
$600
Stormwater Application:
Major stormwater management permit
$300
Minor stormwater management permit
$150
Telecommunication tower:
New construction
$750
Renewal of cell tower special permit
$300
Adult Use
$2,000
Site Plan/Special Permit:
New construction
$1,200
Existing construction (change of use only)
$350
Modification/extension
$200
Scenic Road Act
$150
Layout and Acceptance of Ways Application:
$250
A. 
The burden of proof in all matters before the Board shall be on the applicant.
B. 
The submissions required by the Board for any application form the basis of such proof. However, this does not imply that the burden of proof may always be met by the required submissions. Where additional information may be necessary to satisfy the burden of proof in particular situations, then such information is required, even though it may not be an explicit requirement for the application.
C. 
The burden of proof must be met by the plans and information provided at the time of application.
A. 
Whenever these rules require work to be performed by or under supervision of a licensed professional, such professional must have a current license to perform such activity by the Commonwealth of Massachusetts. Temporary licenses or permits do not qualify. Whenever work is presented as being done by a person who, if practicing in Massachusetts, would require a Massachusetts license, then the status of that person's licensing in Massachusetts and elsewhere must be described clearly and completely.
B. 
All insurance policies, bonds or other such instruments must be issued by a company licensed to do business in Massachusetts.
If any section, paragraph, sentence, clause or provision of these regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudged, and the remainder of these regulations shall be deemed valid and effective.