[HISTORY: Adopted by the Annual Town Meeting 5-1-2004
by Art. 47. Amendments noted where applicable.]
A.
The purpose of this chapter is to provide protection
in addition to the Massachusetts Wetlands Act and to preserve and protect
the wetland resource areas of the Town of Westminster by regulation of, and
control of activities deemed by the Westminster Conservation Commission to
have significant or cumulatively detrimental effect upon the following interests
and values, including: public or private water supply; groundwater; the prevention
and control of flooding, erosion, sedimentation, storm damage, and/or pollution;
protection of fisheries, wildlife, wildlife habitat and recreation.
B.
It shall be the responsibility of the Conservation Commission to administer the protection of all wetlands within the geographical boundaries of the Town of Westminster, as defined in the Massachusetts Wetlands Act, Massachusetts General Laws, Chapter 131, § 40, and enforce all provisions of this chapter as described below and adopt regulations for administrating this chapter.
C.
Throughout this chapter, the words "wetland" and "resource
areas" hold the same meaning.
D.
Throughout this chapter, exemptions as referenced in
the Massachusetts Wetlands Act shall apply.
A.
A resource area is an area specified in 310 CMR 10.25
through 10.35 and 310 CMR 10.54 through 10.58, and vernal pools as defined
within this chapter.
B.
No alterations shall be allowed within 25 feet of any
resource area on a lot that was created after the date of the acceptance by
Town Meeting vote of this regulation.
C.
Alterations will be allowed within 25 feet of any resource
area on any preexisting lot when the alteration is required to protect public
health and safety, or the lot would become unbuildable without the alteration
and that reasonable alternatives are presented to the Commission, in which
the resource area will be enhanced or enlarged and protected permanently through
a conservation restriction or other means acceptable to the Commission.
D.
Any permanent alteration or change of habitat of the
resource area on a preexisting lot will require 150% replication of that area
within that resource area.
E.
The two-hundred-foot riverfront area and land subject
to flooding are exempt from the twenty-five-foot requirement of this chapter.
A.
A vernal pool is an isolated wetland which has been certified
by the Division of Fisheries and Wildlife and/or meets the requirements for
certification as established by the Massachusetts Natural Heritage Endangered
Species Program for vernal pool certification and is larger than 500 square
feet in area.
B.
The vernal pool does not have to be located within another
resource area to be considered jurisdictional.
C.
No alteration shall be allowed within 25 feet of any
vernal pool on a lot that was created after the date of the acceptance by
Town Meeting vote of this regulation.
D.
Alterations of the upland area adjacent to a vernal pool
are allowed within 25 feet of a vernal pool's seasonal high-water mark,
when the alteration is required to protect public health and safety, or the
lot would become unbuildable without the alteration and that reasonable alternatives
are presented to the Commission in which the vernal pool will be enhanced
or enlarged and protected permanently through a conservation restriction or
other means acceptable to the Commission.
A.
In accordance with applicable law, including but not
limited to the provisions of MGL c. 40, §§ 21D and 31, the
Commission and or Town may enforce the provisions of this chapter and the
Massachusetts Wetlands Protection Act, restrain violations thereof and seek
injunctions and judgments to secure compliance with its orders of conditions.
B.
Without limiting the generality of the foregoing:
(1)
Any person who violates any provision of this chapter,
any order of conditions, or any permit, with or without conditions issued
pursuant to it, may be punished by a fine in the amount of $100 per day, per
violation. Each day or portion thereof during which a violation continues
shall constitute a separate offense; if there is more than one, each condition
violated shall constitute a separate offense. The Conservation Commission
Administrator, agent or appointed designee or any police officer shall be
empowered to enforce this chapter.
(2)
The penalties for violations of this chapter or regulations
promulgated hereunder may be assessed as follows:
|
Violation
|
Penalty per Violation per Day
| |
|---|---|---|
|
Alteration of any wetland resource area
|
$100
| |
|
Violation of any order of conditions
|
$100
| |
|
Depositing any material in a wetland or water body unless otherwise
exempt from this chapter
|
$100
| |
|
Alteration of any stream or water body
|
$100
| |
|
Any violation of any section of this chapter that occurs in the Westminster/Fitchburg
Watershed
|
$100
| |
|
Any and all other violations of this chapter
|
$100
|
(3)
In the event of a violation of this chapter or of any
order issued there under, the Commission or its agents may issue a stop work
order to the owner, the applicant or applicant's agent by certified mail,
return receipt requested, or by posting the same in a conspicuous location
on said site. Any person who violates the provisions of a stop work order
shall be deemed in violation of the chapter; however, the failure of the Commission
to issue a stop work order shall not prevent the Town from pursuing any other
legal remedy at law or in equity to restrain violations of this chapter, any
orders issued hereunder, or rules and regulations promulgated applicable hereto
and to secure full compliance.
