The purpose of this Bylaw is to protect the
wetlands, water resources, and adjoining land areas in Abington by
controlling activities deemed by the Conservation Commission likely
to have a significant or cumulative effect upon resource area values,
including but not limited to the following public or private water
supply, groundwater, flood control, erosion and sedimentation control,
storm damage prevention including water quality, water pollution controls,
fisheries, wildlife habitat, rare species habitat including rare plant
species, agriculture, aquaculture, and recreation values, deemed important
to the community (collectively, the "resource area values protected
by this Bylaw"). This Bylaw is intended to utilize the Home Rule authority
of this municipality to protect additional resource areas, for additional
values, with additional standards and procedures stricter than those
of the Wetland Protection Act (M.G.L. c. 131 § 40) and Regulations
thereunder (310 CMR 10.00).
Except as permitted by the Conservation Commission or as provided in this Bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas: any freshwater wetlands, marshes, wet meadows, bogs, swamps, vernal pools, banks, reservoirs, lakes, ponds of any size, rivers, streams, creeks, beaches, dunes, estuaries, lands under water bodies, lands subject to flooding or inundation by groundwater or surface water, or flooding, and lands abutting any of the aforesaid resource areas as set out in §
171-7 (collectively the "resource area protected by this Bylaw"). Said resource areas shall be protected whether or not they border surface waters.
The following definitions shall apply in the
interpretation and implementation of this Bylaw.
A. The term "bank" shall include the land area which
normally abuts and confines a water body, the lower boundary being
the mean annual low flow level, and the upper boundary being the first
observable break in the slope or the mean annual flood level, whichever
is higher.
B. The term "vernal pool" shall include a confined basin
depression which, at least in most years, holds water for a minimum
of two continuous months during the spring and/or summer, and which
is free of adult fish populations, as well as the area within 100
feet of the mean annual boundary of such depression, regardless of
whether the site has been certified by the Massachusetts Division
of Fisheries and Wildlife.
C. The term "rare species" shall include, without limitation,
all vertebrate and invertebrate animal and plant species listed as
endangered, threatened, or of special concern by the Massachusetts
Division of Fisheries and Wildlife, regardless of whether the site
in which they occur has been previously identified by the Division.
D. The term "person" shall include any individual, group
of individuals, association, partnership, corporation, company, business
organization, trust, estate, the commonwealth or political subdivision
thereof to the extent subject to Town Bylaws, administrative agency,
public or quasi-public corporation or body, this municipality, and
any other legal entity, its legal representative, agents, or assigns.
E. The term "alter" shall include, without limitation,
the following activities when undertaken to, upon, within or affecting
resource areas protected by this Bylaw:
(1) Removal, excavation, or dredging of soil, sand, gravel
or aggregate materials of any kind.
(2) Changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns, or flood retention characteristics.
(3) Drainage, or other disturbance of water level or water
table.
(4) Dumping, discharging, or filling with any material
which may degrade water quality.
(5) Placing of fill, or removal of materials, which would
alter elevation.
(6) Driving of piles, erection, or repair of building,
or structures of any kind.
(7) Placing of obstructions or objects in water.
(8) Destruction of plant life including cutting trees.
(9) Changing temperature, biochemical oxygen demand, or
other physical, biological, or chemical characteristics of any water.
(10) Any activities, changes, or work which may cause or
tend to contribute to pollution of any body of water or groundwater.
(11) Incremental activities which have, or may have, a
cumulative adverse impact on the resource areas protected by this
Bylaw.
F. Except as otherwise provided in this Bylaw or in regulations
of the Commission, the definitions of terms in this Bylaw shall be
set forth in the Wetlands Protection Act (M.G.L. c. 131 § 40)
and Regulations (310 CMR 10.00).
As part of a permit issued under this Bylaw,
in addition to any security required by any other municipal or state
board, agency, or official, the Commission may require that the performance
and observation of the conditions imposed there under (including conditions
required mitigation work) be secured wholly or in part by one or more
of the methods described below:
A. By proper bond or deposit of money or negotiable securities
or other undertaking of financial responsibility sufficient in the
opinion of the Commission, to be released in whole or in part upon
issuance of a certificate of compliance for work performed pursuant
to the permit.
B. By accepting a conservation restriction, easement,
or other covenant enforceable in a court of law, executed and duly
recorded by the owner of record, running with the land to the benefit
of this municipality whereby the permit conditions shall be performed
and observed before any lot may be conveyed other than by mortgage
deed. This method shall be used only with the consent of the applicant.
The applicant for a permit shall have the burden
of providing by a preponderance of the credible evidence that the
work proposed in the permit application will not have unacceptable
significant or cumulative effect upon the resource area values protected
by this Bylaw. Failure to provide adequate evidence to the Commission
supporting this burden shall be sufficient cause for the Commission
to deny a permit or grant a permit with conditions.
A decision of the Commission shall be reviewable
by the Superior Court in accordance with M.G.L. c. 249 § 4.
This Bylaw is adopted under the Home Rule Amendment
of the Massachusetts Constitution and the Home Rule statues, independent
of the Wetlands Protection Act (M.G.L. c. 131 § 49) and
Regulations (310 CMR 10.0) thereunder.
The invalidity of any section or provision of
this Bylaw shall not invalidate any other section or provision thereof,
nor shall it invalidate any permit or determination which previously
has been issued.