A.
The purpose of these regulations (hereafter "regulations" or "SWR") is to clarify and define the 1989 Southwick Wetlands Protection Bylaw or Code of Southwick, Chapter 182, "Wetland Protection" (hereafter referred to as the "bylaw"), administered by the Southwick Conservation Commission (hereafter "Commission"). The bylaw identifies and protects certain wetland resource areas and the interests the general public has in these areas. These regulations establish a uniform process by which the Commission can review and regulate activities that affect the resource areas and interests identified by the bylaw.
B.
In addition, the Commission wishes to provide clear
guidance to applicants regarding the policies that the Commission
has determined are necessary to protect wetland resource areas based
on Southwick's particular topography and hydrology, by the special
value these resources areas have to Southwick and to neighboring communities,
and by the Commission's past experience with wetlands protections.
A.
No net loss policy. It is the policy of the Southwick
Conservation Commission to follow the "no net loss" guidelines set
forth by the Massachusetts Department of Environmental Protection
(hereafter "DEP"). Therefore, applicants who propose to alter resource
areas under the Commission's jurisdiction must:
B.
Stormwater runoff management. It is the policy of
the Southwick Conservation Commission to require applicants to demonstrate
that changes in runoff will not result in erosion, increased flooding
or reduced low flows. Because increased runoff impacts land downstream
and reduces natural groundwater recharge, the Commission may require
measures (such as stormwater detention or retention basins) to control
increased runoff. Direct discharge of uncontrolled runoff into a resource
area will normally not be allowed. Applicants shall also use appropriate
measures to prevent water quality degradation due to stormwater discharges.
C.
Resource areas.
(1)
The Conservation Commission has defined in the regulations certain areas of jurisdiction that are significant to the protection of interests identified in the bylaw. The Commission's definitions presume that the following resource areas, as set forth in § 182-2 of the bylaw, are significant to those interests:
(a)
Isolated wetlands greater than or equal to 500
square feet;
(b)
All ephemeral ponds and vernal pools, even those
outside other resource areas;
(c)
Isolated ponds with an area greater than or
equal to 5,000 square feet;
(d)
Ponds that are directly connected to brooks,
streams or wetlands regardless of size; and
(e)
Intermittent streams located above or below
a resource area.
(2)
These presumptions are refutable and may be overcome
upon a clear showing that said land does not play a role in the protection
of wetland values identified in the bylaw.
D.
Vegetative buffer strip. New development proposed
in the buffer zone can negatively impact the abutting resource area(s).
Negative impacts, both from the "construction" and "use" phase of
the project can include erosion, siltation, loss of pollution attenuation,
loss of groundwater recharge, reduced water quality and loss of wildlife
habitat. A fifty-foot strip of continuous, undisturbed, indigenous
vegetative cover along the upland side of the resource area boundary
shall normally be maintained, or enhanced, in order to protect water
quality, improve water recharge, reduce erosion and pollution to the
adjacent wetland resource areas and provide wildlife habitat.
E.
Request for determination versus Notice of Intent.
(1)
Many times, applicants are confused about when to
file a request for determination and when to file Notice of Intent
for work in the buffer zone. For a project to be issued a negative
determination, the Commission must be assured that the potential for
alteration of a resource area is so insignificant as to not require
the oversight provided by an order of conditions and subsequent certificate
of compliance. Therefore, the Commission may typically consider issuing
a negative determination to projects that meet the following minimum
requirements:
(a)
No alteration of a wetland resource area;
(b)
Less that 1,000 square feet of alteration in
the buffer zone;
(c)
A fifty-foot undisturbed buffer strip is left
between the work and resource areas;
(d)
Slope to be disturbed is less than 5% toward
the resource area;
(e)
Leach field of a septic system is sited a minimum
of 50 feet from any wetland resource area and is in full compliance
with Title 5 and local Board of Health regulations;
(f)
A plan for permanent stabilization, including
loaming, seeding and mulching, is submitted;
(g)
Erosion control measures are maintained until
permanent vegetation is established;
(h)
No point source stormwater discharge; and
(i)
Not located in a flood zone.
(2)
In appropriate situations, the Commission may require
the recording of a negative determination.
F.
Relationship to DEP's Wetland Regulations. The Commission's
regulations refer to and incorporate selected provisions of DEP's
Wetland Regulations at 310 CMR 10.00 et seq. The Commission's regulations
state, "see 310 CMR 10.__" in instances where the Commission intends
to utilize the particular provisions of DEP's regulations. In all
other instances, the Commission intends its regulations to be more
stringent than the DEP's regulations.
