[Amended ATM 5-12-2014 by Art. 12]
The purpose of this chapter is to preserve and protect the environmental
quality of the wetlands, adjoining land areas and related resources
of the Town of Dover by regulating activities deemed to have a significant
effect upon them, including, but not limited to, the following: public
or private water supply; groundwater, flood control, erosion and sedimentation
control; storm damage prevention; plant life, including timber in
all stages of growth; water quality; fish, fisheries, shellfish, wildlife
and wildlife habitat; recreation; agriculture and aquaculture (collectively,
the interests protected by this chapter).
[Amended ATM 5-12-2014 by Art. 12]
No person shall remove, fill, dredge, alter or build upon or
within 100 feet of any freshwater wetland, marsh, wet meadow, bog,
swamp, vernal pool, bank, beach, bordering vegetated wetland, dune,
lake, river, pond, intermittent stream, isolated vegetated wetland,
estuary, upon or within any land under said water, upon any land subject
to flooding or inundation by groundwater, surface water or storm flowage
or within 100 feet of the one-hundred-year storm line without first
applying for, receiving and complying with a Permit issued by the
Conservation Commission. No person shall remove, fill, dredge, alter
or build upon or within 200 feet of any river or perennial stream,
without first applying for, receiving and complying with a Permit
issued by the Conservation Commission.
[Amended ATM 5-12-2014 by Art. 12]
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 used in the service of the public to
provide electric, gas, water, sanitary sewer, storm drainage, telephone,
telegraph or other telecommunication services, provided that the structure
or facility is not substantially changed or enlarged, provided that
written notice has been given to the Commission at least 21 and not
more than 60 days prior to commencement of work and provided that
the work conforms to performance standards and design specifications
in regulations adopted by the 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 any 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 Commission
certifies the work as an emergency project, and provided that the
work is performed only for the time and place certified by the Commission
for the limited purposes necessary to abate the emergency. A Permit
Application shall be filed with the Commission no later than 30 days
from the date that emergency project work commences or 60 days in
the case of an Immediate Response Action approved by DEP to address
an oil/hazardous material release. A Permit Application shall not
be required for emergency projects in response to severe weather emergencies
as declared by the Commissioner of the Department of Environmental
Protection following a destructive weather event requiring widespread
recovery efforts, debris clean-up or roadway or utility repair.
C. The Permit and Application as provided in this chapter shall not
apply to work performed for normal maintenance or improvement of Land
in Agricultural Use.
[Amended ATM 5-12-2014 by Art. 12]
A. Written Application for a Permit (hereinafter "Application") shall
be filed with the Commission to perform work regulated by this chapter
in or on a resource area or areas protected by this chapter. The Application
shall include plans that describe the proposed activities and their
effects on the environment of the resource areas. No work shall commence
without receiving and complying with the Permit issued pursuant to
this chapter.
B. Contents of Application and plans shall be in accordance with the
Commission's Rules and Regulations.
C. Such Application may, at the discretion of the Commission, be identical
in form to a Notice of Intent filed pursuant to MGL c. 131, § 40.
The completed Application shall be delivered to the Conservation Commission
in accordance with the rules and regulations of the Commission. The
Application shall be accompanied by a filing fee and a legal notice
fee as specified in the Commission's Rules and Regulations. No filing
fee is required when the Town of Dover files an Application for a
Permit. Notification of the filing shall be made to other Town Boards
and abutters in the form and manner as specified in the Commission's
Rules and Regulations.
Any person who purchases, inherits or otherwise
acquires real estate upon which work has been done in violation of
the provisions of this chapter shall forthwith comply with any order
or restore such parcel to its condition prior to any such violation;
provided, however, that no civil or criminal action shall be brought
against such person unless commenced within 3 years following the
date of acquisition of the real estate by such person.
[Amended ATM 5-12-2014 by Art. 12]
A. Definitions shall refer to those found in the Commission's Rules
and Regulations.
B. For terms not defined in the Commission's Rules and Regulations refer
to MGL c. 131, § 40, or MA WPA, 310 CMR 10.
C. Terms not defined in Subsection
A or
B above shall have their ordinary and usual meaning.
[Amended ATM 5-12-2014 by Art. 12]
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 pursuant to this chapter
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 to secure performance
of the conditions and observance of the safeguards of the Permit.
B. By 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 the Town of Dover
and members of the public, whereby the Permit conditions and safeguards
shall be observed and performed before any lot may be conveyed other
than by mortgage deed.
[Amended ATM 5-12-2014 by Art. 12]
The applicant shall have the burden of proving
by a preponderance of the credible 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 which would
support a Determination that the proposed work will not harm the interests
protected by this chapter shall be sufficient cause for the Commission
either to deny a Permit or to grant a Permit with conditions.
This chapter is adopted under the Home Rule
Amendment of the Massachusetts Constitution and the Home Rule statutes,
independent of the Wetland Protection Act, MGL c. 131, § 40,
and regulations thereunder.
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 or Permit which previously
has been issued.