The purpose of this chapter is to protect and
preserve the wetlands, related water resources, and adjoining land
areas in Amesbury by controlling activities deemed by the Conservation
Commission likely to have a significant or cumulative effect upon
resource area values, including but not limited to the following:
public or private water supply, groundwater, flood control, erosion
and sedimentation control, storm damage prevention, including coastal
storm flowage, water quality, water pollution control, fisheries,
shellfish, wildlife habitat, rare species habitat, including rare
plant species, agriculture, aquaculture, and recreational values,
deemed important to the community (collectively, the "resource area
values protected by this chapter"). This chapter is intended to utilize
the home rule authority of this municipality to protect additional
resource areas, for additional values, with additional standards and
procedures stricter than those of the Wetlands Protection Act, MGL
c. 131, § 40, and regulations thereunder, 310 CMR 10.00.
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 (including conditions
requiring mitigation work) be secured wholly or in part by one or
more methods described below:
A. By the deposit of money sufficient to complete the
work as proposed, to secure performance of the conditions and observance
of the safeguards of such order of conditions. Such security, if filed
or deposited, shall be approved as to form and manner of execution
by Amesbury's Attorney or Amesbury's Treasurer. The performance bond
shall be released in whole or in part upon issuance of a certificate
of compliance for work performed pursuant to the permit.
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.
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 conditions.
A decision of the Commission shall be reviewable
by the Superior or Land Court in an action filed within 60 days thereof,
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, thereunder. It is the intention of this
chapter that the purposes, jurisdiction, authority, exemptions, regulations,
specifications, standards, and other requirements shall be interpreted
and administered as stricter than those under the Wetlands Protection
Act and regulations.
The invalidity of any section or provision of this chapter by
a court or agency of competent jurisdiction shall not invalidate any
other section or provision thereof, nor shall it invalidate any permit
or determination which previously had been issued.