§ 6.5-31. Applications and fees.
A written application ("permit application") shall be submitted to the commission to perform activities affecting resource areas protected by the ordinance. The application shall include such information and plans as are deemed necessary by the commission to describe proposed activities and their effects on the resource areas protected by the ordinance. No activities shall commence without receiving and complying with a permit issued pursuant to this article.
Forms and submission requirements: Applicants submitting filings governed by this ordinance shall use the standard Wetlands Protection Act (WPA) Forms from the department of environmental protection (DEP). Applicants shall include the words: "City of Newburyport - Wetlands Protection Ordinance" on all applications for projects within the City of Newburyport, subject to review under this article and Wetlands Protection Act Regulations.
Request for determination of applicability (RDA): Any person desiring to know whether or not a proposed activity or area is subject to this article shall submit a written request for determination of applicability (RDA) to the commission. The application materials required shall be the same as those used in filing under the Wetlands Protection Act Regulations (310 CMR 10.00), WPA Form 1: Request for Determination of Applicability.
Notice of intent (NOI): A written notice of intent (NOI) shall be filed with the commission for a permit to perform activities affecting resource areas and buffer zones, protected by this article. Any person submitting a notice of intent (NOI) shall at the same time provide a copy to the city's engineer, at the department of public services, for review in accordance with the stormwater management ordinance and related state and federal regulations. If during review of the application the commission or its agent determines that a peer review by a qualified engineer is necessary to ensure that the proposed work (including all work shown on plans, specifications and reports) will comply with federal, state and local stormwater regulations, the applicant shall (if so instructed) provide one (1) copy of the complete application to the commission's consultant engineer, pursuant to this article and M.G.L.A. c. 44 § 53G. A single copy shall be provided with all plans and attachments to the conservation commission of the adjoining municipality, if the application or determination pertains to property within one hundred (100) feet of that municipality. An abutter notification affidavit of the person providing notice, with a copy of the notice mailed or delivered, shall be filed with the commission. The application materials required shall be the same as those used in filing under the Wetlands Protection Act Regulations (310 CMR 10.00), WPA Form 3: Notice of Intent. Where appropriate, under the requirements of the Wetlands Protection Act Regulations (310 CMR 10.00), the applicant may submit WPA Form 4: Abbreviated Notice of Intent. No activities shall commence without receiving, and complying with, a permit (order of conditions) issued pursuant to this article.
Other plan and submission requirements: Additional plan and submission requirements may be established by the commission through regulations adopted pursuant to section 6.5-35. of this article. No application ("permit application" such as a notice of intent or request for determination of applicability) shall be deemed complete or timely without the payment of all required fees, the submission of application forms and the submission of plans in accordance with these regulations. At its sole discretion the commission may relax these requirements where such information is not necessary to make a determination on a request for determination of applicability (RDA) or notice of intent (NOI).
Application and review fees:
Filing fees: At the time a Permit application is submitted, the applicant shall pay a filing fee as specified in regulations of the commission adopted hereunder. These fees shall be placed in an account established pursuant to M.G.L.A. c. 44 § 53E½ which may be drawn upon by the commission as necessary to carry out the provisions of this article and its regulations. This fee is in addition to that required by the department of environmental protection (DEP), the Massachusetts Wetlands Protection Act and its regulations.
Advertisement fees: The applicant shall pay a fee for the cost of advertising and abutter notification for public hearings as required by the Wetlands Protection Act Regulations (310 CMR 10.00) and this article.
Consultant review fees: Pursuant to M.G.L.A. c. 44 § 53G and regulations promulgated by the commission pursuant to section 6.5-35., the commission may impose reasonable fees upon applicants for the purpose of securing outside consultants including engineers, wetlands scientists, wildlife biologists or other experts in order to aid in the review of proposed projects.
The commission is authorized, any time during the hearing process, to require the applicant to pay all the costs and expenses of any expert consultant deemed necessary by the commission to review the permit application or resource area. This fee is called the "consultant fee." The specific consultant services may include, but are not limited to: performing or verifying the accuracy of resource area survey and delineation; analyzing resource area functions and values, including wildlife habitat evaluations; hydrogeologic and drainage analysis; and researching environmental or land use law relative to the application or work proposed.
The applicant shall deposit with the city funds in an amount sufficient to cover the initial costs associated with said peer review, as determined by the commission's agent. Funds shall be accounted for in accordance with M.G.L.A. c. 44 § 53G, and unexpended funds shall be returned to the applicant within twenty-one (21) days of the issuance of a decision. The applicant shall provide additional funds whenever notified by the commission or its agent that actual remaining funds are insufficient to pay for additional consultant review which may be necessary. Failure of the applicant to replenish the consultant review fund accordingly, prior to the next subsequent continuation of the applicable public hearing shall be sufficient grounds for the commission to deny the application or continue the public hearing to allow the applicant (and consultant) additional time.
The commission shall waive all application and consultant review fees for any permit application or notice filed by the City of Newburyport.
(Ord. of 5-15-12)