The purpose of this bylaw is to protect wetlands
and adjoining land areas in the Town of Westwood by controlling activities
deemed by the Conservation Commission likely to have a significant
or incremental effect upon wetland values, including but not limited
to the following: public or private water supply, groundwater supply
and quality, flood control, storm damage prevention, prevention of
pollution, fisheries, wildlife habitat, and erosion and sedimentation
control (collectively, the "wetland values protected by this bylaw").
[Amended 1998 ATM by Art. 28]
A. Except as permitted by the Conservation Commission
or as provided in this bylaw, no person shall remove, fill, dredge,
build upon, or alter the following resource areas: any freshwater
wetland, marsh, wet meadow, bog, or swamp; any bank, lake, pond, vernal
pond, river, or stream; any land under said waters; any land subject
to flooding; or any riverfront area. Any activity proposed or undertaken
within 100 feet of any freshwater wetland, marsh, wet meadow, bog,
swamp, bank, lake, pond, vernal pond, river or stream (hereinafter
called the "buffer zone") which, in the judgment of the Commission,
will alter an area subject to protection under this bylaw is subject
to regulation under this bylaw.
B. The Commission may regulate activities under this
bylaw regardless of whether those same activities are regulated under
the Wetlands Protection Act, MGL c. 131, § 40.
[Added 2002 ATM by Art. 23]
[Amended 2002 ATM by Arts. 22, 24 and 25]
A. Written application shall be filed with the Commission
to perform activities regulated by this bylaw affecting resource areas
protected by this bylaw. The application shall include such information
and plans as are deemed necessary by the Commission to describe the
proposed activities and their effects on the environment. No activities
shall commence without receiving and complying with a permit issued
pursuant to this bylaw. The Commission in an appropriate case may
accept as the application and plans under this bylaw the notice of
intent and plans filed under the Wetlands Protection Act, MGL c. 131,
§ 40.
B. Any person desiring to know whether or not a proposed
activity or an area is subject to this bylaw may in writing request
a determination from the Commission. Such a request for determination
shall contain data and plans specified by the regulations of the Commission.
The Commission in an appropriate case may accept as the application
and plans under this bylaw the request for determination and plans
filed under the Wetlands Protection Act, MGL c. 131, § 40.
C. Any person filing an application for a permit or a
request for determination shall do so with the Commission by hand
delivery or certified mail, return receipt requested.
D. Any person filing an application for a permit or request
for determination with the Commission shall provide a copy thereof,
by certified mail or hand delivery, to the Town boards and offices
as directed by the Commission. The Commission may take into account
any comments provided to the Commission by other Town boards and offices
in determining the effect the project may have on protected resource
areas. The Commission shall allow the applicant an opportunity to
respond to any such comments.
E. At the time of an application for a permit or request
for determination 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, and shall
be commensurate with the costs incurred by the Commission.
F. To assist its review of permit applications, the Commission
may engage scientific and environmental professionals to review applications
for technical accuracy and compliance with this bylaw, including delineation
of wetland boundaries, identification and verification of wetland
features, identification and assessment of wildlife habitat, and the
review of hydrological data or calculations. The Commission is authorized
to require the applicant to pay the costs and expenses of any expert
consultant deemed necessary by the Commission to review the application.
The Commission may waive the filing fee and costs and expenses for
an application or request filed by a government agency and shall waive
them for a request for determination filed by a person having no financial
connection with the property which is the subject of the request.
[Amended 2002 ATM by Art. 24]
A. Application for permit.
(1) Any person filing an application for a permit shall
do so with the Commission by hand delivery or certified mail, return
receipt requested, and such application shall also include a certified
list of abutters within 300 feet, according to the most recent records
of the Assessors, including those across a travelled way or a body
of water. The Commission shall set the date and time for the public
hearing for the application and provide to the applicant a copy of
a public hearing notice which shall be published at the applicant's
expense in a newspaper of general circulation in the Town of Westwood
at least five working days prior to the hearing date. Concurrently
with newspaper advertisement, the applicant shall post to each abutter
by certified mail, return receipt requested, a copy of the public
hearing notice supplied to the applicant by the Commission and shall
state where copies of the application, including plans, may be examined
and obtained by abutters free of charge. Applicants shall provide
the Town Clerk with a complete copy of the application and plans for
public review.
(2) The date of receipt of all filings made under this
bylaw shall be the date of the Commission's first regular meeting
scheduled at least seven days following receipt of the filing by hand
delivery or certified mail, return receipt requested.
(3) The Commission shall commence the public hearing within
21 days of the date of receipt of an application for a permit. The
return receipts from all abutters and/or proof of attempted delivery
by certified mail shall be submitted to the Commission at the opening
of the public hearing.
(4) The Commission shall issue its permit or decision
to deny the permit within 21 days from the close of the public hearing.
(5) The Commission shall have authority to continue the
hearing to a specific date announced at the hearing, for reasons stated
at the hearing, which may include receipt of additional information
offered by the applicant or others, information and plans required
of the applicant, or reasons deemed necessary by the Commission in
its discretion. In the event the applicant objects to a continuance
or postponement, the hearing shall be closed and the Commission shall
take action on such information as is available.
(6) The Commission in an appropriate case may combine
its hearing under this bylaw with the hearing conducted under the
Wetlands Protection Act, MGL c. 131, § 40.
B. Request for determination of applicability (RDA).
(1) Any person filing a request for determination of applicability
(RDA) shall do so by certified mail, return receipt requested, or
by hand delivery to the Conservation Commission office. The Commission
shall provide the person filing the RDA with a copy of the public
meeting notice giving the date, time, and location at which the RDA
will be heard. The person filing the RDA shall post, certified mail,
return receipt requested, to the owner and to each abutter, as defined
above, a copy of the public meeting notice giving the date, time,
and location at which the RDA will be heard. The public meeting notice
shall state where complete copies of the RDA, including plans, if
any, may be inspected or obtained free of charge. Applicants shall
provide the Town Clerk with a complete copy of the RDA.
[Amended 5-5-2003 ATM by Art. 27]
(2) The Commission shall issue a determination of applicability
within 21 days of receipt of the request for determination.
(3) The Commission in an appropriate case may combine
its meeting under this bylaw with the meeting conducted under the
Wetlands Protection Act, MGL c. 131, § 40.
After public notice and public hearing the Commission
shall promulgate rules and regulations to effectuate the purposes
of this bylaw. 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 bylaw.
At a minimum these regulations shall define key terms in this bylaw
not inconsistent with this bylaw. Until such time as such regulations
are promulgated, the regulations promulgated under the Wetlands Protection
Act, MGL c. 131, § 40, shall be deemed to effectuate the
purposes of this bylaw.
As part of a permit issued under this bylaw,
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 hereunder 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 or other undertaking of financial responsibility equal
in value to the cost of performance and observance of the conditions
imposed to protect or restore the resource areas, as determined by
the Commission;
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.
Any person who purchases, inherits, or otherwise
acquires real estate upon which work has been done in violation of
the provisions of this bylaw or in violation of any permit issued
pursuant to this bylaw shall forthwith comply with any such order
or restore such land to its condition prior to any such violation;
provided, however, that no action, civil or criminal, shall be brought
against any such person unless commenced within three years following
the date of acquisition of the real estate by such person or five
years after the violation, whichever is earlier.
The applicant for a permit shall have the burden
of proving by a preponderance of the credible evidence that the work
proposed in the application will not have unacceptable significant
or incremental 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.
Any person aggrieved by the decision of the
Commission, whether or not previously a party to the proceeding, may
file a complaint seeking relief in the Superior Court of the County
of Norfolk, according to the provisions of Massachusetts General Laws,
not more than 21 days after the issuance of the decision of the Commission.
Such a complaint may also be filed if the Commission fails to hold
a public hearing or issue an order, notification, or determination
within the time period required by this bylaw.
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.
The invalidity of any section or provision of
this bylaw shall not invalidate any other section or provision thereof,
nor shall it invalidate any permit or determination which previously
has been issued.