[HISTORY: Adopted by the City Council of the City of Springfield 5-5-1993 (Title 10,
Ch. 10.20, of the 1986 Code). Amendments noted where applicable.]
The purpose of this chapter is to protect the wetlands, related
water resources, and adjoining land areas in the City by prior review
and control of activities deemed by the Conservation Commission to
have, or likely to have, an effect or cumulative effect upon wetland
values, including but not limited to the following: public water supply,
private water supply, groundwater and ground erosion and sedimentation
control, storm damage prevention, prevention of water pollution, fisheries,
endangered species, wildlife and wildlife habitat, and aesthetics
(collectively, the "interests protected by this chapter"). This chapter
is further intended to provide a means for review and correction of
activities performed by any person in violation of any provision contained
herein.
A.
ALTER
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APPLICANT
BANKS, BORDERING FRESHWATER WETLAND, FLAT, MARSH, WET MEADOW,
BOG, SWAMP, ESTUARY, CREEK, RIVER, POND, LAKE AND BORDERING AND ISOLATED
LAND SUBJECT TO FLOODING
CUMULATIVE EFFECT
ISOLATED WETLANDS
PERSON
SIGNIFICANT EFFECT
TEMPORARY WETLANDS
The following definitions shall apply in the interpretation and implementation
of this chapter:
Includes, without limitation, the following actions when
undertaken in resource areas subject to this chapter:
Removal, excavation or dredging of soil, sand, gravel or aggregate
materials of any kind.
Changing of preexisting drainage characteristic, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns, or flood
retention characteristics.
Drainage or other disturbance of water level of water table.
Dumping, discharging, or filling with any material or in any
manner which may degrade water quality or interfere with any of the
interests protected by this chapter.
Driving of piles, erection of building or structures of any
kind.
Placing of obstructions or objects in water.
Destruction of plant life, including cutting of trees.
Changing water temperature, biochemical oxygen demand, or the
physical or chemical characteristics of water.
Any activities, changes, or work which pollutes in any way any
body of water or groundwater.
A person giving notice of intention to build, remove, fill,
dredge or alter or making a request for determination.
Unless otherwise defined in this chapter, have the same meaning
as in the Wetlands Protection Act and the regulations thereunder.
An activity has cumulative effect on the interests protected
by this chapter if such activity, added to or in conjunction with
similar activity which has occurred or has been proposed and which
affects the same resource area, has a measurable impact on a resource
area covered by this chapter and tends to reduce the capacity of that
resource area to support or sustain the interests protected by this
chapter. The applicant shall have the burden of proving by a preponderance
of credible evidence that the activity has no cumulative effects on
the values protected by this chapter.
Areas of wetland vegetation (as defined above in this chapter)
which are subject to flooding and consists of isolated depressions
or closed basins which serve as a ponding area for run-off or high
groundwater. Such areas must be at least 400 square feet in area and
may include kettle holes and bogs.
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth or political subdivision thereof to the extent subject
to City ordinance, administrative agencies, public or quasi-public
corporations or bodies, this municipality, and any other legal entity,
its legal representatives, agents or assigns.
An activity has a significant effect on the interests protected
by this chapter if it tends to reduce the capacity of that resource
area to support or sustain the interests protected by this chapter.
Those areas of at least 400 square feet in area which are
periodically flooded on a purely seasonal basis by high groundwater
and/or run-off and include vernal and autumnal ponds. These areas
can be either natural or artificial. If artificial, they must support
a vegetative community that has naturally populated the subject area.
B.
Other definitions. The Commission may adopt additional definitions
not inconsistent with this chapter in its regulation.
Except as permitted by the Conservation Commission or as provided
in this chapter, no person shall remove, fill, dredge, alter, or build
upon or within any of the following resource areas: on or within 100
feet of any bank, beach, or flat; on or within 100 feet of any freshwater
wetland, marsh, meadow, bog, or swamp; upon or within 100 feet of
any lake, pond, river, stream, whether intermittent or permanent,
natural or man-made; upon any land subject to flooding or inundation
by groundwater or surface water or storm flowage; and upon or within
100 feet of any seasonal or temporary wetland, including certified
or uncertified but known vernal pools. Any activity proposed or undertaken
outside any area specified above shall be subject to regulation under
this chapter if, in the judgment of the Conservation Commission or
its agent, said activity may result or has resulted in the removing,
filling, altering, or building upon any area specified above.
A.
A minimum of a fifty-foot undisturbed buffer shall be established
adjacent to any vegetated wetland, bank, lake, stream or river, intermittent
or continuous, natural or artificial, and certified or uncertified
vernal pools. No work, structures or alterations will be allowed within
the fifty-foot buffer.
B.
Variances may be granted by the Commission allowing work closer than
50 feet when it can be demonstrated by the applicant that work or
alterations within the fifty-foot buffer will enhance the wetland
interests specified under this chapter.
A.
The permit and application required by this chapter shall not be
required for maintaining, repairing, or replacing an existing and
lawfully located structure or facility which is used in the service
of the public to provide electric, gas, water, sanitary sewer, storm
drainage, public roadways, telephone, telegraph or other telecommunication
services, provided that any work done conforms to the performance
standards and design specifications in regulations adopted by the
Conservation Commission.
B.
The permit and application required by this chapter shall not apply
to emergency projects necessary for the protection of the health or
safety of the public, provided that the work is to be performed by
or has been ordered to be performed by an agency of the Commonwealth
or a political subdivision thereof, provided that advance notice,
oral or written, has been given to the Commission prior to commencement
of work or within 24 hours after commencement, provided that the Conservation
Commission certifies the work as an emergency project, and provided
that the work is performed only for the time and certified by the
Conservation Commission for the limited purpose necessary to abate
the emergency. Within 21 days of commencement of an emergency project,
a permit application shall be filed with the Conservation Commission
for review as provided in this chapter.
C.
The Commission may exempt by regulation the application of this chapter
to work performed for normal maintenance or improvement of land actively
devoted to agricultural use at the time of the application, provided
that such regulations are consistent with the provision applying to
agricultural exemptions in the regulations promulgated under the Wetlands
Protection Act.
D.
Other than as stated in this section, the exemptions provided in
the Wetlands Protection Act and the regulations promulgated thereunder
shall not apply.
A.
Written application shall be filed with the Conservation Commission
to perform any work which will or which, in the opinion of the Conservation
Commission, may affect resource areas within the jurisdiction of this
chapter. The application shall include such plans as are deemed necessary
by the Conservation Commission to describe the proposed activities
and their effects on the environment. No work or alteration shall
commence without receiving and complying with a permit issued pursuant
to the Wetlands Protection Act, MGL c. 131, § 40.
B.
At the time of application, the applicant shall pay a filing fee
specified in the regulations of the Conservation Commission promulgated
pursuant to this chapter, which shall be in addition to any fee required
by the Act. The Commission may waive the filing fee and costs and
expenses for any application or request filed by a government agency.
C.
In addition, the Commission is authorized to assess the applicant
any costs and expenses associated with the retaining of an expert
consultant by the Commission for necessary and appropriate reviews
of an application or request. A fee schedule will be established under
the regulations. The schedule will be commensurate with the size of
the project.
D.
Any person desiring to know whether or not proposed work or an area
is subject to this chapter may request a determination in writing
from the Conservation Commission. Such a request for determination
shall contain data and plans as specified by the regulations of the
Conservation Commission promulgated pursuant to this chapter. All
requests shall be subject to the policies and fee schedules established
under the regulations. The fee shall not exceed the reasonable cost
of investigation or determination, and shall be uniform for everyone.
A.
Any person filing an application or request for determination with
the Commission at the same time shall give written notice thereof,
by certified mail or hand delivery, to all abutters according to the
most recent records of the Assessors, and to all other persons, boards
or agencies as the Conservation Commission shall in writing require.
An "abutter" shall be defined as any person whose property is directly
abutting the project site or is directly across a street or right-of-way
from the project area. The notice shall include a copy of the application
or request with plans, or shall state where copies may be examined
and obtained by abutters. An affidavit of the person providing such
notice, with a copy of the notice mailed or delivered and a listing
of those abutters notified, shall be filed with the Commission prior
to the commencement of the public hearing. When a person requesting
a determination is other than the owner, the request, the notice of
the hearing and the determination itself shall be sent by the Commission
to the owner as well as to the person making the request.
B.
The Commission shall conduct a public hearing on any application
or request for determination, with written notice, published at the
expense of the applicant, five working days prior to the hearing in
a newspaper of general circulation in the City.
C.
The Commission shall commence the public hearing on any application
or request for determination within 21 days from the receipt of a
properly completed application or request.
D.
The Commission shall issue its permit or other action, or determination,
in writing within 21 days of the close of the public hearing thereon,
or within 21 days of the close of any continuance of the prior public
hearings.
E.
The Commission may combine its hearing under this chapter with the
hearing conducted under the Wetlands Protection Act.
F.
For reasons announced by the Conservation Commission at the hearing,
the Commission shall have authority to continue or postpone the hearing
to a certain date announced at the hearing, either for receipt of
additional information offered by the applicant or others, or for
information required of the applicant, deemed necessary by the Conservation
Commission in its discretion, or comments and recommendations of boards,
officials and/or agencies of the City.
G.
The Conservation Commission shall take action on the application
at the continuance date, provided that the applicant has complied
in all respects with the request of the Conservation Commission for
further information pursuant to this section unless further continuances
are consented to by the applicant.
H.
The Commission shall develop a set of presubmission requirements
for the assistance of persons making application before the Commission,
a current copy of which shall be on file with the Commission. Any
person filing a request for determination or a notice of intent with
the Commission shall complete the filing in accordance with such of
those requirements as are necessary as determined by the Commission
or its staff. The Commission reserves the right to ask for any additional
information it deems necessary to evaluate a project.
A.
Any person filing a permit application or request for determination
with the Commission shall, if requested in writing by the Conservation
Commission or its agent, provide a copy thereof at the same time,
by certified mail or hand delivery, to the Mayor, Planning Board,
Board of Appeals, Department of Public Works, Board of Health, and
Department of Code Enforcement, Building Division, who shall, if requested
by the Conservation Commission in writing, file written comments and
recommendations with the Commission.
B.
The Commission shall not take final action until such boards and
officials have had 14 days from the receipt of notice to file said
written comments and recommendations with the Commission, which the
Commission shall take into account but which shall not be binding
on the Commission.
A.
If the Commission, after a public hearing, determines that the area
which is subject to the application is likely to be significant to
the interests protected by this chapter, the Commission, within 21
days of the close of the hearing or a continuance thereof, shall issue
or deny a permit for the work requested. If it issues a permit, the
Commission shall impose conditions which the Commission deems necessary
or desirable to protect those interests, and all work shall be done
in accordance with those conditions.
B.
If the Commission determines that the activities which are subject
to an application are not likely to have a significant or cumulative
effect upon the interests protected by this chapter, the Commission
shall so inform the applicant that the activities do not require a
permit.
C.
The Commission is empowered to deny a permit for failure to meet
the requirements of this chapter; the reasons include, but are not
limited to, failure to submit necessary information and plans requested
by the Commission; failure to meet the design specification, performance
standards and other requirements which the Commission may adopt in
regulations of the Commission; failure to avoid or prevent unacceptable
significant or cumulative effects upon the interest protected by this
chapter; and where no conditions are adequate to protect those values.
D.
A permit shall expire three years from the date of issuance, and
all work shall be completed prior to expiration. The Commission may
extend a permit for additional one-year periods.
E.
For good cause, the Commission may revoke or modify a permit issued
under this chapter.
F.
The Conservation Commission shall issue permits under this chapter
in addition to any order of conditions issued under the Wetlands Protection
Act.
G.
No work proposed in any application shall be undertaken until the
permit or determination issued by the Commission with respect to such
work has been recorded by the holder of the permit in the Hampden
County Registry of Deeds or court for the district wherein the land
lies, and the holder of the permit has certified in writing to the
Commission that the permit has been so recorded.
Any person(s) who purchases, inherits or otherwise acquires
real estate upon which work has been performed in violation of the
provisions of this chapter shall forthwith comply with any order of
conditions or restore such land to its conditions prior to any such
violation; provided, however, that unless the violation is found by
the Commission, after notice and hearing, to pose a substantial and
material threat to the interests protected by this chapter, no action,
civil or criminal, shall be brought against such person unless such
action is commenced within three years following the recording of
the deed or the date of the death by which such real estate was acquired
by such person and the order of conditions which is being violated
or any enforcement order relating to the violation was appropriately
recorded.
A.
Any person(s) who receives an enforcement order from the Commission
for a violation of this chapter shall, within 10 working days of receipt
of the order, file said order at the Registry of Deeds or, if registered
land, in the Registry Section of the Land Court as an attachment on
the deed of the property on which said violation occurred.
B.
The Commission, its agents, officers, and employees shall have authority
to enter upon privately owned land for the purpose of performing their
duties under this chapter and may make or cause to be made such examinations,
surveys or sampling as the Commission deems necessary.
C.
The Police Department and the Conservation Commission shall have
authority to enforce this chapter, its regulations, and permits issued
thereunder by violation notices, administrative orders, and civil
and criminal court actions.
D.
Upon request of the Commission, the City Solicitor shall take whatever
legal action is necessary for enforcement under civil and criminal
court actions.
E.
As an alternative to criminal prosecution, the Commission may elect
to utilize the noncriminal disposition procedure set forth in MGL
c. 40, § 21D.
F.
Municipal boards and officers, including any police officer or other
officer having police powers, shall have authority to assist the Conservation
Commission in enforcement.
G.
Any person who violates any provisions of this chapter, regulations
thereunder, or permits issued thereunder shall be punished by a fine
of not more than $300. Each day or portion thereof during which a
violation continues shall constitute a separate offense, and each
provision of the ordinance, regulations, or permit violated shall
constitute a separate offense.
A.
After public notice and public hearing, the Commission shall promulgate
rules and regulation to effectuate the purposes of this chapter. Public
notice shall include publication of all proposed regulations in a
newspaper of general circulation in the City not less than 21 days
prior to public hearing. Failure by the Commission to promulgate such
rules and regulations or a legal declaration of their invalidity by
a court of law shall not act to suspend or invalidate the effect of
this chapter.
B.
At a minimum, these regulations shall define key terms in this chapter
not inconsistent with this chapter.
C.
Unless otherwise stated in this chapter or in the rules and regulations
promulgated under this chapter, the definitions, procedures and performance
standards of the Wetlands Protection Act and associated regulations,
310 CMR 10.00, in effect as of the effective date of this chapter
shall apply.
The applicant for a permit shall have the burden of proving
by clear and convincing evidence that the work proposed in the application
will not harm the interests protected by this chapter. Failure to
provide adequate evidence to the Commission supporting a determination
that the proposed work will not harm the interests protected by this
chapter shall be sufficient cause for the Commission to deny a permit.
This chapter is adopted under Massachusetts General Laws Chapter
21, independent of the Wetlands Protection Act, MGL c. 131, § 40,
and regulations thereunder.
As part of a permit issued under this chapter, in addition to
any security required by any other town or state board, agency or
official, the Commission may require that the performance and observance
of the conditions imposed hereunder be secured wholly or in part by
one or more of the methods described below:
A.
By a proper bond or deposit of money or negotiable securities sufficient
in the opinion of the Commission.
B.
By a conservation restriction, easement or other covenant enforceable
in a court of law, executed and duly recorded (or registered in the
case of registered land), running with the land to the benefit of
this municipality and members of the public, whereby the permit conditions
shall be performed and observed before any lot may be conveyed other
than by a mortgage deed.
A.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof, nor shall it
invalidate any order of conditions which previously had been issued.
B.
If any court of the Commonwealth shall invalidate any provision of
this chapter or any regulation promulgated thereunder, the Conservation
Commission shall present to the next City Council meeting after such
invalidation amendments to this chapter which are designed to comply
with any court decision invalidating such provision, and shall amend
the regulations pursuant this chapter to comply with such decision.
