The purpose of this bylaw is to further protect
the foreshores, wetlands and related water resources in the Town of
Dennis and their values and functions, including but not limited to
public or private water supply, groundwater quantity and quality,
storm damage prevention, flood control, erosion and sedimentation
control, prevention of water pollution, wildlife habitat, shellfish,
fisheries, recreation, public trust rights in trust lands, aesthetics
and agricultural and aquacultural values (collectively, the wetlands
values protected by this bylaw).
The applicant shall have the burden of proof
by a preponderance of credible evidence that the work proposed in
the application will not have an unacceptable significant and immediate
or cumulative effect upon the wetland 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.
This bylaw is adopted under the Home Rule Amendment
of the Massachusetts Constitution and the Home Rule Statutes, independent
of the Wetlands Protection Act (MGL C. 131, § 40) and regulations
thereunder, except where specifically included herein.
After public notice and public hearing, the
Commission may from time to time promulgate performance standards,
design specifications, policy guidelines and other rules and regulations
to accomplish the purposes of this bylaw. Failure of 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 provisions of this bylaw.
The invalidity of any section or provision of
this bylaw shall not invalidate any other section or provision thereof.