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Planning staff outlines proposed subdivision default fees and ordinance edits after recent noncompliance issues
Summary
Planning staff told the board the town attorney supports reimbursing the town for staff costs and that the staff will propose a tiered default fee (including a possible flat $5,000 default fee and premium hourly penalties) for projects that go into default; board directed staff to bring language to the Board of Selectmen.
Planning staff summarized legal guidance and policy options for assessing fees and penalties when subdivision projects fall into default or do not complete required conditions.
Mike (planning staff) reported he conferred with the town attorney: case law supports reimbursement to the town for staff time, and a fee may be imposed when a project goes into default. Staff suggested a tiered approach modeled on building-permit penalties and proposed a flat $5,000 subdivision-default fee as one option; other board members advocated for a premium hourly rate or doubling fees to better reflect actual staff and consultant costs. The board asked staff to present the draft fee options and proposed ordinance language to the Board of Selectmen at their next workshop so selectmen can consider adoption.
Staff also discussed vesting rules: the town attorney advised that a vested application remains subject to the ordinance in effect at the time it vested, including process and procedural timelines, so the board cannot pick and choose parts of later amendments. Additional items in staff’s memo included stormwater, pond refill and liner questions tied to a specific subdivision in default, and suggested ordinance edits to add stop-work authority and to allow premium-time fees to be assessed in certain violations.
The board directed staff to refine proposed fee language, coordinate with the town attorney, and bring recommended language and a fee structure to the Board of Selectmen for consideration.
