[HISTORY: Adopted by the Annual Town Meeting
of the Town of Stoughton 5-5-1997, Art. 41 (Ch. 178 of
the 1983 Code); amended in its entirety 5-26-2010 ATM, Art. 63. Subsequent amendments
noted where applicable.]
A.
The purpose of this chapter is to protect the wetlands, water resources,
flood-prone areas, and adjoining upland areas in the Town of Stoughton
by controlling activities deemed by the Conservation Commission likely
to have a significant or cumulative effect on resource area values,
including but not limited to the following: public or private water
supply, groundwater supply, flood control, erosion and sedimentation
control, storm damage prevention, water quality, prevention and control
of pollution, fisheries, shellfisheries, wildlife habitat, rare species
habitat, including rare plant and animal species, agriculture, aquaculture,
and recreation values, and also aesthetic values, deemed important
to the community (collectively, the "resource area values protected
by this chapter").
B.
This chapter is intended to utilize the Home Rule authority of this
municipality so as to protect the resource areas under the Wetlands
Protection Act (MGL c. 131, § 40; the Act) to a greater
degree, to protect additional resource areas beyond the Act recognized
by the Town as significant, to protect all resource areas for their
additional values beyond those recognized in the Act, and to impose
in local regulations and permits additional standards and procedures
stricter than those of the Act and regulations thereunder (310 CMR
10.00), subject, however, to the rights and benefits accorded to agricultural
uses and structures of all kinds under the laws of the commonwealth
and other relevant chapters of the Town of Stoughton.
A.
ABUT
ABUTTER
AGRICULTURE
(1)
(2)
(3)
(4)
ALTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
APPLICANT
AREAS SUBJECT TO FLOODING
AREAS SUBJECT TO PROTECTION
BANK
BORDERING
BREEDING AREA
BUFFER ZONE
CERTIFICATE OF COMPLIANCE
DETERMINATION OF APPLICABILITY
DETERMINATION OF SIGNIFICANCE
ISOLATED LAND SUBJECT TO FLOODING
NONTRANSIENT MACROORGANISMS
NOTICE OF INTENT
NOTIFICATION OF NONSIGNIFICANCE
ORDER OF CONDITIONS
OWNER OF LAND ABUTTING THE ACTIVITY
PLANS
POND
PRIVATE WATER SUPPLY
PUBLIC WATER SUPPLY
RARE SPECIES
RESOURCE AREAS BORDERING WATER BODIES
RIVER
RIVERFRONT AREA
SEASONAL WETLAND
SELECT SPECIES OF AMPHIBIANS
STORM DAMAGE PREVENTION
TEMPORARY CONFINED BODIES OF WATER
TEMPORARY POND OR POOL
VERNAL POOL
VERNAL POOL HABITAT
The following definitions shall apply in the interpretation and implementation
of this chapter:
Touching.
The same as "owner of land abutting the activity."
Land with resource areas or the buffer zone presently and
primarily used in producing or raising one or more of the following
agricultural commodities for commercial purposes:
Animals, including but not limited to livestock, poultry, and
bees;
Fruits, vegetables, berries, nuts, and other foods for human
consumption;
Feed, seed, forage, tobacco, flowers, sod, nursery or greenhouse
products, and ornamental plants or shrubs; and
Forest products under a planned program to improve the quality
and quantity.
To change the condition of any area subject to protection
under the chapter. Examples of alterations include, but are not limited
to, the following:
The changing of preexisting drainage characteristics, flushing
characteristics, salinity distribution, sedimentation patterns, flow
patterns and flood retention areas;
The lowering or raising of the water level or water table;
The destruction of vegetation, including cutting or trimming
of trees and shrubs, or mowing, in a manner that will, in the reasonable
judgment of the Conservation Commission, result in a long-term or
short-term adverse impact to the resource area;
The changing of water temperature, biochemical oxygen demand
(BOD), and other physical, biological or chemical characteristics
of the receiving water;
The discharge of dredged or fill material, including but not
limited to vegetative debris, soil, dirt, rocks, stone, solid waste,
or pollution;
Activities which may cause or tend to contribute to pollution
of any body of water or groundwater;
Driving of piles, or erection or repair of buildings or structures
of any kind unless the footprint of the building is altered at ground
level;
Dumping, discharging, or filling any material which may degrade
water quality;
Placing of material, or removal of material, which would alter
elevation;
Placing of obstructions or objects; and
Incremental activities which have, or may have, a cumulative
adverse impact on the resource areas protected by this chapter.
Any person who files a notice of intent, or on whose behalf
such a notice is filed.
Depressions or closed basins which serve as ponding areas
for runoff, snowmelt, heavy precipitation, or high groundwater which
has risen above the ground surface, and areas which flood from a rise
in a bordering waterway or water body.
Wetlands, including bordering and isolated wetlands, marshes,
wet meadows, bogs, swamps, isolated and bordering lands subject to
flooding, streams, rivers, creeks, brooks, vernal pools, kettle holes,
springs, land under water, ponds, lakes, banks, bogs, buffer zones
and riverfront areas.
Includes the land area which normally abuts and confines
a water body; the lower boundary being the mean annual low flow level,
and the upper boundary being the first observable break in the slope
or the mean annual flood level, whichever is higher.
Touching in some manner, at any point or along any length
of boundary, and including any portion of a resource area subject
to protection under the chapter.
Areas used by wildlife for courtship, mating, nesting, or
other reproductive activity, and rearing of young.
That area of land extending 100 feet horizontally outward
from the boundary of any area subject to protection in the chapter.
A written determination by the issuing authority that work
or a portion thereof has been completed in accordance with an order.
It shall be made on Form 8 of 310 CMR 10.99.
A written finding by a conservation commission or the Department
as to whether a site or the work proposed thereon is subject to the
jurisdiction of the bylaw. It shall be made of Form 2 of 310 CMR 10.99.
A written finding by a conservation commission, after a public
hearing, or by the Department, that the area on which the proposed
work is to be done, or which the proposed work will alter, is significant
to one or more of the interests identified in the bylaw. It shall
be made as part of the order, on Form 5 of 310 CMR 10.99.
Shall be any isolated depression without an inlet which at
least once a year confines standing water to a volume of at least
1/4 acre-foot of water with an average depth of at least six inches.
The boundary is the perimeter of the largest observed or recorded
volume of water confined in the basin.
Includes the following wetland plants (as defined in MGL
c. 131 § 40, or in regulations 310 CMR 10.00) and/or animals
visible to the naked eye, including but not limited to: Eubrachiopods,
Isopods, Amphipods, Coleoptera, Trichoptera and Pisidiid clams.
The written notice filed by any person intending to remove,
fill, dredge or alter an area subject to protection under the chapter.
It shall be made on Form 3 or 4 of 310 CMR 10.99.
A written finding by a conservation commission, after a public
hearing, or by the Department, that the area on which the proposed
work is to be done, or which the proposed work will alter, is not
significant to any of the interests of the bylaw. It shall be made
on Form 6 of 310 CMR 10.99.
The document issued by a conservation commission containing
conditions which regulate or prohibit an activity. It shall be made
on Form 5 of 310 CMR 10.99.
The owner of land sharing a common boundary or corner with
the site of the proposed activity in any direction, including land
located directly across a street, way, creek, river, stream, brook
or canal.
Such data, maps, engineering drawings, calculations, specifications,
schedules and other materials, if any, deemed necessary by the issuing
authority to describe the site and/or the work, to determine the applicability
of MGL c. 131, § 40, or to determine the impact of the proposed
work upon the interests identified in the Town of Stoughton NOI guidelines.
As defined by 310 CMR 10.04 except that the size threshold
shall be 5,000 square feet.
Any source or volume of surface water or groundwater demonstrated
to be in any private use or demonstrated to have a potential for private
use.
Any source or volume of surface water or groundwater demonstrated
to be in public use or approved for water supply pursuant to MGL c.
111, § 160, by the Division of Water Supply of the Department,
or demonstrated to have a potential for public use.
Those vertebrate and invertebrate animal species officially
listed as endangered, threatened, or of special concern by the Massachusetts
Division of Fisheries and Wildlife under 321 CMR 8.00.
Any bank, flat, marsh, freshwater wetland, beach, meadow,
dune or swamp that borders on any estuary, creek, river, stream, pond,
or lake, or that touches one of the above land areas that itself borders
a water body, is a protectable area. (Areas subject to flooding are
also protectable.)
A body of water as is defined in the Massachusetts Rivers
Protection Act (Acts of 1996, c. 258)
Defined in the Massachusetts Rivers Protection Act (Acts
of 1996, c. 258).
Any areas subject to flooding which form temporary confined
bodies of water during periods of high water table and high input
from spring runoff or snowmelt or heavy precipitation, and support
populations of nontransient macroorganisms or serve as breeding habitat
for select species of amphibians.
Species of amphibians which depend on seasonal wetlands for
breeding habitat, including: mole salamanders (Ambystoma maculatum,
A. jeffersonianum, A. laterale, and A. opacum); four-toed salamanders
(Hemidactylium scutatum); eastern spadefoot toads (Scaphiopus holbrookii);
American and Fowler's toads (Bufo americanus and B. woodhousii
fowleri); spring peepers (Hyla c. crucifer); gray tree frogs (Hyla
versicolor); wood frogs (Rana sylvatica); and fairy shrimp (Eubranchipus
sp.).
The prevention of damage caused by water from storms, including,
but not limited to, erosion and sedimentation, damage to vegetation,
property or buildings or damage caused by flooding, water-borne debris
or water-borne ice.
Bodies of water with little or no flow that periodically
become dry to such extent that they cannot support sustained fish
populations.
A seasonal wetland.
Includes a confined basin depression which, at least in most
years, holds water for a minimum of two continuous months during the
spring and/or summer, and which is free of adult fish populations,
as well as the area within 100 feet of the mean annual boundary of
such a depression, regardless of whether the site has been certified
by the Massachusetts Division of Wildlife and Fisheries.
Confined basin depression which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, and which is free of adult fish populations, as well as the area within 100 feet of the mean annual boundaries of such depressions, to the extent that such habitat is within an area subject to protection under the Act, MGL c. 131, § 40, 310 CMR 10.02(1) as specified in § 191-2. These areas are essential breeding habitats, and provide other extremely important wildlife habitat functions during nonbreeding seasons as well, for a variety of amphibian species such as the wood frog (Rana sylvatica) and the spotted salamander (Ambystoma maculatum), and are important habitats for other wildlife species. Vernal pool habitat also includes the area within 200 feet of the mean annual boundaries of those vernal pools certified by the Natural Heritage and Endangered Species Program (NHESP), if such pools are contained within the estimated or priority habitats for rare species as mapped by NHESP.
B.
Except as otherwise provided in this chapter or in regulations of
the Commission, the definitions of terms in this chapter shall be
as set forth in the Wetlands Protection Act, MGL c. 131, § 40,
and regulations, 310 CMR 10.00.
A.
Except as permitted by the Commission or as provided in this chapter,
no person shall commence to remove, fill, dredge, build upon, degrade,
discharge into, or otherwise alter the following resource areas:
(1)
Any freshwater wetland, marsh, wet meadow, springs, bog, swamp, vernal
pools, reservoirs, lakes, ponds;
(2)
Any bank or beach;
(3)
Any lake, pond, river, stream, whether intermittent or continuous,
or natural, manmade;
(4)
Any land under aforementioned waters;
(5)
Any land subject to flooding or inundation by groundwater, surface
water, stormwater flowage;
(6)
Isolated wetlands, including kettle holes;
(7)
Seasonal wetlands;
(8)
Any lands within 100 feet of any of the aforementioned resource areas
or any lands within 200 feet of any river;
(9)
Any lands within 200 feet of any certified vernal pool within estimated
habitat or priority habitat for rare species as mapped by the Natural
Heritage and Endangered Species Program.
B.
Said resource areas (collectively, the "resource areas protected
by this chapter") shall be protected, whether or not they border surface
waters.
C.
The jurisdiction of this chapter shall not extend to uses and structures
of agriculture that enjoy the rights and privileges of laws and regulations
of the commonwealth governing agriculture, including work performed
for normal maintenance or improvement of land in agricultural or aquacultural
uses as defined by the Wetlands Protection Act regulations found at
310 CMR 10.04
A.
The application and permit required by this chapter shall not be
required for maintaining, repairing, or replacing, but not changing
or enlarging, an existing and lawfully located structure or facility
used in the service of the public to provide electric, gas, water,
telephone, telegraph, or other telecommunications services, sanitary
sewers, storm sewers, provided that written notice has been given
to the Commission at least 48 hours prior to the commencement of work,
and provided that the work conforms to performance standards and design
specifications in regulations adopted by the Commission.
B.
The application and permit required by this chapter shall not be
required for work performed for the normal maintenance or improvement
of lands in agricultural use.
C.
The application and permit required by this chapter shall not apply
to emergency projects necessary for the protection of public health
and safety, provided that the work is to be performed by or has been
ordered to be performed by an agency of the commonwealth or a political
subdivision thereof, provided that advance notice, oral or written,
has been given to the Commission prior to the commencement of work
or within 24 hours after commencement, provided that the Commission
or its agent certifies the work as an emergency project, 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,
and provided that within 21 days of commencement of an emergency project
a permit application shall be filed with the Commission for review
as provided in this chapter. Upon failure to meet these and other
requirements of the Commission, the Commission may, after notice and
a public hearing, revoke or modify an emergency project approval and
subsequently order restoration and mitigation measures.
D.
The property located in the Stoughton Technology Park (formerly the
North Stoughton Industrial Park) (the "Park") is subject to Final
Orders of Conditions dated October 24, 1984, recorded with the Norfolk
Registry of Deeds in Book 6533, Page 230; the Conservation Restriction
dated September 26, 1984, recorded with said Deeds in Book 6533, Page
236; and the Declaration of Industrial Park Restrictions dated September
26, 1984, recorded with said Deeds in Book 6533, Page 247. In consideration
of these existing controls, the application and permit required by
this chapter shall not be required for any work performed within the
Park. The Park contains approximately 272 +/- acres of land and is
bounded by Lindelof Avenue (Route 139), Route 24, Page Street and
the municipal boundaries with the Towns of Avon and Randolph.
E.
Other than stated in this chapter, the exceptions provided in the
Wetlands Protection Act (MGL c. 131, § 40) and regulations
(310 CMR 10.00) shall not apply under this chapter.
A.
Any person desiring to know whether or not a proposed activity or
an area is subject to this chapter may request, in writing, a determination
from the Commission. Such a request for determination shall contain
data and plans specified by the regulations of the Commission.
B.
The Commission in an appropriate case may accept as the request under
this chapter the request for determination of applicability (RFD)
filed under the Wetlands Protection Act, MGL c. 131, § 40.
C.
Written application shall be filed with the Commission to perform
activities regulated by this chapter affecting resource areas protected
by this chapter. The application shall include such information and
plans deemed necessary by the Commission to describe proposed activities
and their effects on the environment. No activities shall commence
without receiving and complying with a permit issued pursuant to this
chapter.
D.
The Commission in an appropriate case may accept as the application
and plans under this chapter the notice of intent (NOI) application
and plans filed under the Wetlands Protection Act, MGL c. 131, § 40.
E.
At the time of an application or request, the applicant shall pay
a filing fee specified in regulations of the Commission. This fee
is in addition to that required by the Wetlands Protection Act, MGL
c. 131 § 40.
F.
Upon receipt of a NOI application or RFD, the Commission shall require
an applicant to pay a fee for the reasonable costs and expenses borne
by the Commission for specific expert engineering and other consultant
services deemed necessary by the Commission to come to a final decision
on the application. This fee is called the "consultant fee." The specific
consultant services may include but are not limited to resource area
survey and delineation, analysis of resource area values, including
wildlife habitat evaluations, hydrogeologic and drainage analysis,
and environmental or land use law.
(1)
The exercise of discretion by the Commission in making its determination
to require the payment of a consultant fee shall be based upon its
reasonable finding that additional information acquirable only through
outside consultants would be necessary for the making of an objective
decision.
(2)
The Commission may require the payment of the consultant fee at any
point in its deliberation prior to a final decision. The applicant
shall pay the fee to be put into a consultant services account of
the Commission, which may be drawn upon by the Commission for specific
consultant services approved by the Commission at one of its public
hearings.
(3)
The Commission shall return any unused portion of the consultant
fee to the applicant unless the Commission decides at a public meeting
that other action is necessary. Any applicant aggrieved by the imposition
of, or size of, the consultant fee, or any act related thereto, may
appeal according to the provisions of the Massachusetts General Laws.
(4)
The maximum consultant fee charged to reimburse the Commission for
reasonable costs and expenses shall be according to the following
fee schedule:
|
Project Cost
|
Maximum Fee
| |
|---|---|---|
|
Up to $50,000
|
$1,500
| |
|
$50,000.01 to $2,000,000
|
$10,000
|
(a)
Each additional project cost increment of $500,000 (over $2,000,000)
shall be charged at an additional per-increment fee of $2,500.
(b)
The "project cost" means the estimated entire cost of the project,
including, but not limited to, building construction, site preparation,
landscaping, and all site improvements. The consultant fee shall be
paid pro rata for that portion of the project applicable to those
activities within resource areas protected by this chapter. The project
shall not be segmented to avoid being subject to the consultant fee.
The applicant shall submit estimated project costs at the Commission's
request, but the lack of such estimated project costs shall not avoid
the payment of the consultant fee.
G.
Filing fees and consultant fees collected pursuant to this chapter
shall be administered pursuant to MGL c. 44, §§ 53E
and 53E 1/2, respectively.
H.
The Commission may waive the filing fee and costs and expenses for
an application or request filed by a government agency or a nonprofit
organization.
I.
The Commission shall establish an escrow account for fees imposed to the applicant upon the selection of independent specialized consultant review by the Commission under MGL c. 44, § 53G (§ 53G). In accordance with § 53 G the applicant has the right for an administrative appeal to the Board of Selectmen. The grounds for the appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum qualifications in accordance with MGL c. 44 § 53G. This shall be for review of projects under the regulatory jurisdiction of the Act and Chapter 191, Stoughton Wetlands Bylaw. Any excess amount of funds collected and held in a § 53G account shall be returned to the applicant when the review is completed.
A.
An application or a request for determination shall be hand delivered
or sent by certified mail to the Commission; eight copies are required.
A copy of all applications shall be given by the applicant to the
Planning Board, the Zoning Board of Appeals, the Building Inspector
and the Board of Health for comments prior to the public hearing.
Any person filing a permit application or an RFD with the Commission
at the same time shall give written notice thereof, by certified mail
(return receipt requested), or hand delivered, to all owners of land
abutting the subject property at their mailing addresses shown on
the most recent applicable tax list from the Assessors.
B.
"Abutter" is defined as (1) owners of land within 100 feet of the
property lines, including being directly opposite on any public or
private street or way, (2) directly abutting a shoreline or bank along
any common abutting lake, pond, or river, or within 500 frontage feet
along the mean annual high water mark of any pond, lake or reservoir
served by a shoreline or 500 feet downstream along a river along the
boundaries of the subject property, or (3) or in another municipality
within 300 feet of the project. With regard to apartment units and
condominium units, abutter notification will be sent to the property
owner on record. In addition, abutter notification can be sent to
the property manager. The notice to abutters shall have enclosed a
copy of the permit application or request, or shall state where copies
may be examined and obtained by abutters. An affidavit of the person
providing such notice, with a copy of the notice mailed or delivered,
shall be filed with the Commission. When a person requesting a determination
is other than the owner, the request, the notice of hearing, and the
determination itself shall be sent by the Commission to the owner
as well as to the person making the request. The property owner's
signature must be on the application.
C.
The Commission shall conduct a public hearing on any permit application
or RFD, with written notice given at the expense of the applicant,
no less than five business days prior to the hearing, in a newspaper
of general circulation in the municipality. The fee for publishing
the notice must be provided by the applicant to the Commission simultaneously
with the submission of a permit application or RFD.
D.
The Commission in an appropriate case may combine its hearing under
this chapter with the hearing conducted under the Wetlands Protection
Act, MGL c. 131, § 40, and regulations, 310 CMR 10.00.
E.
The Commission shall commence the public hearing within 21 days from
receipt of a completed permit application or RFD unless an extension
is authorized, in writing, by the applicant. The public hearing will
not commence until the applicant provides the majority of the return
receipts from the certified mail abutter notice to the Commission.
F.
The Commission shall issue a permit or determination, in writing,
within 21 days of the close of the public hearing thereon unless an
extension is authorized, in writing, by the applicant.
G.
The Commission shall have the authority to continue the hearing to a certain date announced at the hearing, for good cause stated at the hearing, which may include receipt of additional information from the applicant or others deemed necessary by the Commission in its discretion, or comments and recommendations of the boards and officials listed in § 191-6A.
A.
If the Commission, after a public hearing, determines that the activities
which are subject to the permit application or the land and water
uses which will result therefrom are likely to have a significant
individual or cumulative effect upon the resource area values protected
by this chapter, the Commission, within 21 days of the close of the
hearing, shall issue or deny a permit for the activities requested.
If it issues a permit, the Commission shall impose conditions which
the Commission deems necessary or desirable to protect those values,
and all activities shall be done in accordance with those conditions.
The Commission shall take into account the cumulative adverse effects
of loss, degradation, isolation and replication of the protected resource
areas throughout the community and the watershed resulting from past
activities, permitted and exempt, and foreseeable future activities.
B.
The Commission is empowered to deny a permit for failure to meet
the requirements of this chapter; for failure to submit necessary
information and plans requested by the Commission; for failure to
meet the design specifications, performance standards, and other requirements
in the regulations of the Commission; for failure to avoid or prevent
unacceptable significant or cumulative effects upon the resource area
values protected by this chapter; and where no conditions are adequate
to protect those values. Due consideration shall be given to any demonstrated
hardship on the applicant by reason of denial, as presented at the
public hearing.
C.
Review of activities within the buffer zone and riverfront area by
Commission.
(1)
In reviewing activities within the buffer zone, the Commission shall
presume the buffer zone is important to the protection of other resource
areas because activities undertaken in close proximity have a high
likelihood of adverse impact, either immediately, as a consequence
of construction, or over time, as a consequence of daily operation
or existence of the activities. These adverse impacts from construction
and use can include, without limitation, erosion, siltation, loss
of groundwater recharge, poor water quality, and loss of wildlife
habitat. The Commission may establish, in its regulations, design
specifications, performance standards, and other measures and safeguards,
including setbacks, no-disturb areas, no-build areas, and other work
limits for protection of such lands, including without limitation
strips of continuous, undisturbed vegetative cover, for the purposes
of protecting the resource area.
(2)
In reviewing activities within the riverfront area, the Commission
shall presume the riverfront area is important to all the resource
area values unless demonstrated otherwise, and no permit issued hereunder
shall permit any activities unless the applicant, in addition to meeting
the otherwise applicable requirements of this chapter, has convinced
the Commission by a preponderance of the evidence that (1) there is
no practicable alternative to the proposed project with less adverse
effects, and that (2) such activities, including proposed mitigation
measures, will have no significant adverse impact on the areas or
values protected by this chapter. The Commission shall regard as practicable
an alternative which is reasonably available and capable of being
done after taking into consideration the proposed property use, overall
project purpose (e.g., residential, institutional, commercial, or
industrial), logistics, existing technology, costs of the alternatives,
and overall project costs.
D.
To prevent resource area loss, the Commission shall require applicants
to avoid alteration wherever feasible; to minimize alteration; and,
where alteration is unavoidable and has been minimized, to provide
full mitigation. The Commission may authorize or require replication
of wetlands as a form of mitigation, but only with specific plans,
professional design, proper safeguards, adequate security, and professional
monitoring and reporting to assure success, because of the high likelihood
of failure of replication. The Commission may require a wildlife habitat
study of the project area, to be paid for by the applicant, whenever
it deems appropriate, regardless of the type of resource area or the
amount or type of alteration proposed. The decision shall be based
upon the Commission's estimation of the importance of the habitat
area considering (but not limited to) such factors as proximity to
other areas suitable for wildlife, importance of wildlife corridors
in the area, or actual or possible presence of rare plant or animal
species in the area. The work shall be performed by an individual
who at least meets the qualifications set out in the wildlife habitat
section of the Wetlands Protection Act regulations (310 CMR 10.60).
The Commission shall presume that all areas meeting the definition
of "vernal pools," including the adjacent area, perform essential
habitat functions. This presumption may be overcome only by the presentation
of credible evidence which, in the judgment of the Commission, demonstrates
that the basin or depression does not provide essential habitat functions.
Any formal evaluation should be performed by an individual who at
least meets the qualifications under the wildlife habitat section
of the Wetlands Protection Act regulations.
E.
A permit shall expire three years from the date of issuance. Notwithstanding
the above, the Commission in its discretion may issue a permit expiring
five years from the date of issuance for recurring or continuous maintenance
work, provided that annual notification of the time and location of
work is given to the Commission. Any permit may be renewed once for
an additional one-year period, provided that a request for a renewal
is received, in writing, by the Commission prior to expiration. Failure
to complete a project within the extension period shall require a
new filing of a notice of intent. Notwithstanding the above, a permit
may contain requirements which shall be enforceable for a stated number
of years, indefinitely, or until permanent protection is in place,
and shall apply to all owners of the land. An applicant shall seek
a Certificate of Compliance or otherwise report to the Commission
at or prior to the expiration of the applicant's order of conditions.
Failure to report on or prior to the expiration date may result in
a fine as defined by our regulations.
F.
For good cause the Commission may revoke or modify a permit or determination
issued under this chapter after notice to the holder of the permit
or determination, notice to the public, abutters, and Town boards,
pursuant to this section and a public hearing.
G.
The Commission in an appropriate case may combine the permit or determination
issued under the chapter with the order of conditions or determination
of applicability issued under the Wetlands Protection Act, MGL c.
131, § 40, and regulations, 10 CMR 10.00.
H.
No work proposed in any permit application shall be undertaken until
the permit issued by the Commission with respect to such work has
been recorded in the Registry of Deeds or, if the land affected is
registered land, in the registry section of the Land Court for the
district wherein the land lies, and until the holder of the permit
certifies, in writing, to the Commission that the permit has been
recorded.
I.
The Commission shall, after receiving a written request for a Certificate
of Compliance and an as-built plan certified as necessary and appropriate
in the Commission's discretion, by a registered professional
engineer and/or a registered professional land surveyor both licensed
in the Commonwealth of Massachusetts, to be in substantial compliance
with the plan approved under the order of conditions, inspect the
resource area and buffer zone where any activity governed by a permit
issued under this chapter was carried out, and, if such activity has
been completed in accordance with said permit, the Commission shall,
within 21 days after receiving such written request, issue a Certificate
of Compliance evidencing such determination, which may in appropriate
cases be combined with a Certificate of Compliance issued under the
Wetlands Protection Act. A Certificate of Compliance may specify conditions
in the permit which will continue to apply. The Certificate of Compliance
shall be recorded in the same manner as a permit, and proof of recording
shall be provided by the applicant to the Commission, as set forth
herein. Said letter and plan from the registered professional engineer
and/or the registered professional surveyor shall clearly delineate
any and all deviations from the approved plan.
J.
Any person, entity, or successors in interest granted the authority
to work within any resource area as defined by this chapter shall
be bound to assure that said work will be completed in a manner that
will ensure that the resource area and associated buffer zones will
be protected and that the work performed will function in the manner
intended. If after completion of the work, or anytime thereafter,
the work does not perform as intended to protect the wetland, or otherwise
serves to harm the resource area, the applicant or property owner
shall be obligated, at the request of the Conservation Commission,
to make whatever repairs, alterations, or modifications necessary
to protect the wetland resource area, and associated buffer zones.
A.
After public notice and public hearing, the Commission shall promulgate
rules and regulations to effectuate the purposes of this chapter.
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 chapter.
B.
At a minimum these regulations shall define key terms in this chapter
not inconsistent with the chapter and procedures governing the amount
and filing of fees.
As part of a permit issued under this chapter, 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 be secured wholly or in part
by one or more of the methods described below:
A.
By deposit of money (certified check or cash) 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. Any deposit of money received in accordance with this section
shall be administered in accordance with MGL c. 44, § 53E
1/2.
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 this municipality whereby
the permit conditions shall be performed and observed before any lot
may be conveyed other than by mortgage deed. This method shall be
used only with the consent of the applicant.
A.
No person shall remove, fill, dredge, build upon, degrade, or otherwise
alter resource areas protected by this chapter, or cause, suffer,
or allow such activity, or leave in place unauthorized fill, or otherwise
fail to restore illegally altered land to its original condition,
or fail to comply with a permit or an enforcement order issued pursuant
to this chapter.
B.
The Commission, its agents, officers, and employees shall have authority
to enter upon privately owned land for the purpose of performing their
duties under this chapter and may make or cause to be made such examinations,
surveys, or sampling as the Commission deems necessary, subject to
the constitutions and laws of the United States and the commonwealth.
C.
The Commission shall have authority to enforce this chapter, its
regulations, and permits issued thereunder by violation notices, enforcement
orders and civil and criminal court actions. Any person who violates
provisions of this chapter may be ordered to restore the property
to its original condition and take other action deemed necessary to
remedy such violations, or may be fined, or both.
D.
Any person who violates any provision of this chapter, or regulations,
permits, or enforcement orders issued thereunder shall be punished
by a fine, at the discretion of the Board, as outlined below. Each
day or portion thereof during which a violation continues, or unauthorized
fill or other alteration remains in place, shall constitute a separate
offense, and each provision of the chapter, regulations, permits,
or administrative orders violated shall constitute a separate offense.
E.
As an alternative to criminal prosecution in a specific case, the
Commission may issue citations under the noncriminal disposition procedure
set forth in M.G.L. c. 40, § 21D. When so enforcing, any
violation of this chapter shall be punishable as follows:
F.
The Environmental Affairs Officer, Building Inspector and the Stoughton
police officers shall be the enforcing persons for the purpose of
this chapter.
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 unacceptable significant or
cumulative effect upon the resource area values protected by this
chapter. 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 such conditions, or as necessary to
affect the purposes of this chapter.
A decision of the Commission shall be reviewable in a court
of competent jurisdiction Superior Court in accordance with MGL c.
249, § 4.
This chapter 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,
310 CMR 10.00, 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 permit or determination which previously has been issued.
