The purpose of this chapter is to protect the wetlands, related
water resources, and adjoining land areas in the City by prior review
and control of activities deemed by the Conservation Commission to
have, or likely to have, an effect or cumulative effect upon wetland
values, including but not limited to the following: public water supply,
private water supply, groundwater and ground erosion and sedimentation
control, storm damage prevention, prevention of water pollution, fisheries,
endangered species, wildlife and wildlife habitat, and aesthetics
(collectively, the "interests protected by this chapter"). This chapter
is further intended to provide a means for review and correction of
activities performed by any person in violation of any provision contained
herein.
Except as permitted by the Conservation Commission or as provided
in this chapter, no person shall remove, fill, dredge, alter, or build
upon or within any of the following resource areas: on or within 100
feet of any bank, beach, or flat; on or within 100 feet of any freshwater
wetland, marsh, meadow, bog, or swamp; upon or within 100 feet of
any lake, pond, river, stream, whether intermittent or permanent,
natural or man-made; upon any land subject to flooding or inundation
by groundwater or surface water or storm flowage; and upon or within
100 feet of any seasonal or temporary wetland, including certified
or uncertified but known vernal pools. Any activity proposed or undertaken
outside any area specified above shall be subject to regulation under
this chapter if, in the judgment of the Conservation Commission or
its agent, said activity may result or has resulted in the removing,
filling, altering, or building upon any area specified above.
Any person(s) who purchases, inherits or otherwise acquires
real estate upon which work has been performed in violation of the
provisions of this chapter shall forthwith comply with any order of
conditions or restore such land to its conditions prior to any such
violation; provided, however, that unless the violation is found by
the Commission, after notice and hearing, to pose a substantial and
material threat to the interests protected by this chapter, no action,
civil or criminal, shall be brought against such person unless such
action is commenced within three years following the recording of
the deed or the date of the death by which such real estate was acquired
by such person and the order of conditions which is being violated
or any enforcement order relating to the violation was appropriately
recorded.
The applicant for a permit shall have the burden of proving
by clear and convincing evidence that the work proposed in the application
will not harm the interests protected by this chapter. Failure to
provide adequate evidence to the Commission supporting a determination
that the proposed work will not harm the interests protected by this
chapter shall be sufficient cause for the Commission to deny a permit.
This chapter is adopted under Massachusetts General Laws Chapter
21, independent of the Wetlands Protection Act, MGL c. 131, § 40,
and regulations thereunder.
As part of a permit issued under this chapter, in addition to
any security required by any other town 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 sufficient
in the opinion of the Commission.
B. By a conservation restriction, easement or other covenant enforceable
in a court of law, executed and duly recorded (or registered in the
case of registered land), running with the land to the benefit of
this municipality and members of the public, whereby the permit conditions
shall be performed and observed before any lot may be conveyed other
than by a mortgage deed.