[Amended 6-21-2021 ATM by Art. 7]
Any person filing a permit application, RDA or ANRAD with the
Conservation Commission shall provide 10 copies thereof at the same
time, by certified mail (return receipt requested) or hand delivery,
to the Conservation Agent. The Agent will, in turn, distribute copies
to the Select Board, Planning Board, Board of Appeals, Board of Health
and Building Commissioner. A copy shall be provided in the same manner
to the Conservation Commission of the adjoining municipality, if the
application or RDA/ANRAD pertains to property within 300 feet of that
municipality. An affidavit of the person providing notice, with a
copy of the notice mailed or delivered, shall be filed with the Commission.
The Commission shall not take final action until the above boards
and officials have had 14 days from receipt of notice to file written
comments and recommendations with the Commission, which the Commission
shall take into account but which shall not be binding on the Commission.
The applicant shall have the right to receive any comments and recommendations,
and to respond to them at a hearing of the Commission, prior to final
action.
As part of a permit issued under the Bylaw, in addition to any
security required by any other municipal or state board, agency or
official, the Conservation 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
both of the methods described below:
A. By a proper bond, deposit of money or negotiable securities under
a written third-party escrow arrangement, or other undertaking of
financial responsibility 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.
B. By accepting 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
bylaw. Failure to provide adequate evidence to the Conservation 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 Conservation Commission shall be reviewable
in the Superior court in accordance with MGL c. 249, § 4.
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, approval or determination which previously
has been issued.
These regulations shall take effect upon approval of the Lancaster
Conservation Commission.