[Amended 5-11-1994 ATM, Art. 34; 5-10-1995 ATM, Art. 41; 5-22-1997 ATM, Art.
41]
A. The purpose of this bylaw is to protect the wetlands,
water resources and adjoining land areas in the Town of Boxford by
controlling activities deemed by its Conservation Commission (hereinafter
"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, water quality,
water pollution control, fisheries, wildlife habitat, rare species
habitat including rare plant species, agriculture, recreation values
deemed important to the community and riverfront area values (collectively,
the "resource area values protected by this bylaw").
B. 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 Wetlands Protection Act, (MGL c. 131, § 40) and regulations
thereunder, 310 CMR 10.00, as they may be amended.
[Amended 5-11-1994 ATM, Art. 36; 5-10-1995 ATM, Art. 41; 5-22-1996 ATM, Art.
57; 5-22-1997 ATM, Art. 41; 5-13-1998 ATM, Art. 59]
Except as permitted by the Commission or as
provided by 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; lakes; ponds; rivers; streams; creeks; banks; beaches;
vernal pools; large isolated wetlands; lands within 100 feet of any
of the aforesaid resource areas; lands under water bodies; lands subject
to flooding or inundation by groundwater or surface waters; land within
100 feet of said land subject to flooding or inundation; riverfront
area as stated in the Wetlands Protection Act Regulations 310 CMR
10.58(2), as they may be amended; (collectively the "resource areas
protected by this bylaw"). Said resource areas shall be protected
whether or not they border surface waters.
[Amended 5-13-1998 ATM, Art. 59]
A. After public notice and public hearing, the Commission
shall promulgate rules and regulations to effectuate the purposes
of this bylaw effective when voted and filed with the Town Clerk.
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 bylaw. At a minimum,
these regulations shall determine key terms in this bylaw not inconsistent
with the bylaw. These regulations shall also determine procedures
governing the amount and filing of fees.
B. In addition, these regulation shall list minimum setback
distances for activities in Buffer Zones and other Resource Areas
based on the environmental sensitivity of those Resource Areas. The
Conservation Commission may require greater than the minimum setback
distances for activities within areas of jurisdiction based on the
type of work proposed and/or features specific to the site, in order
to protect the Resource Area values.
[Added 5-9-2000 ATM, Art. G57]
[Amended 5-10-1995 ATM, Art. 41; 5-22-1997 ATM, Art. 41]
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 observance of the conditions imposed thereunder (including conditions
requiring mitigation work) be secured by the following method: by
a 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.
[Amended 5-13-1998 ATM, Art. 59]
The applicant for a permit shall have the burden
of proving by a preponderance of the credible evidence that the work
proposed in the permit application will not have adverse significant
or cumulative effect upon the resource area values protected by this
bylaw.
[Amended 5-10-1995 ATM, Art. 41; 5-22-1997 ATM, Art. 41]
This bylaw is adopted under the Home Rule Amendment
of the Massachusetts Constitution and the Home Rule statutes and regulations
thereunder independent of the Wetlands Protection Act (MGL c. 131,
§ 40) and Regulations (310 CMR 10.00) thereunder, as they
may be amended.
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.
[Amended 5-22-1997 ATM, Art. 41; 5-13-1998 ATM, Art. 59]
Wetlands resource areas and their boundaries
shall be identified and delineated as specified in this bylaw and/or
promulgating regulations. Bordering vegetated wetland shall be further
delineated as specified in Wetlands Protection Act Regulations 310
CMR 10-55(2)c, as they may be amended.
[Amended 5-22-1997 ATM, Art. 41]
The Chairman, with the approval of a majority
of the Commission, may appoint individuals for the purpose of assisting
the Commission in various projects not involving applications or requests
for determinations as defined in this bylaw. Such individuals shall
be referred to as Associate Members, shall be nonvoting members and
shall serve for a term of one year and may be reappointed as deemed
appropriate by a majority of the Commission.