[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. IX, § 1, of the General Bylaws]
The purpose of this bylaw is to protect the floodplains, wetlands
and groundwater of the Town of Foxborough by controlling activities
deemed to have a significant effect upon wetland values, including
but not limited to the following: public or private water supply,
groundwater, flood control, erosion control, storm damage prevention,
water pollution, fisheries, wildlife and preservation of open space.
Any person desiring to know whether or not a proposed activity
or an area is subject to this bylaw may request a determination from
the Conservation Commission in writing. The Conservation Commission
shall issue its determination, in writing, within 21 days from receipt
of such request.
A.
No person
shall remove, fill, dredge, drain or alter any bank, freshwater wetland,
flat, marsh, meadow, bog, swamp, or lands bordering any creek, river,
stream, pond or lake, or any land under said waters or any land subject
to flooding, other than in the course of maintaining, repairing or
replacing, but not substantially changing or enlarging, an existing
and lawfully located structure or facility used in the service of
the public and used to provide electric, gas, water, sanitary sewer,
storm drainage, public roadway, telephone, telegraph, and other telecommunication
services without filing written notice of his intention to so remove,
fill, dredge, drain or alter and without receiving and complying with
an order of conditions and provided all appeal periods have elapsed.
Such notice shall be sent by certified mail to the Foxborough Conservation
Commission, including such plans as may be necessary to describe such
proposed activity and its effect on the environment.
B.
The same
notice of intent, plans and specifications required to be filed by
an applicant under MGL c. 131, § 40, will be accepted as
fulfilling the requirements of this bylaw. The said Conservation Commission
shall hear any oral presentation under this bylaw at the same public
hearing required to be held under the provisions of said MGL c. 131,
§ 40. Definitions, time frames, and procedures, insofar
as applicable, set forth in said chapter and section and regulations
thereunder (310 CMR 10.00 et seq.) are hereby made a part of this
bylaw.
As used in this bylaw, the following terms shall have the meanings
indicated:
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the Commonwealth whenever subject to Town bylaw, or any political
subdivision of the Commonwealth whenever subject to Town bylaw, administrative
agency, public or quasi-public corporation or body, or any other legal
entity or its legal representative, agents, or assigns.
The Conservation Commission, its agent, officers, and employees
may enter upon the land upon which the proposed work is to be done
in response to a request for a prior determination or for the purpose
of carrying out its duties under this bylaw and may make or cause
to be made such examination or survey as deemed necessary.
The Conservation Commission is empowered to deny permission
for any removal, dredging, draining, filling, or altering of subject
lands within the Town if, in its judgment, such denial is necessary
for the protection of public or private water supply, groundwater,
flood control, storm damage prevention and the prevention of pollution.
Due consideration shall be given to possible effects of the proposal
on all values to be protected under this bylaw.
A.
The following requirements (Subsection D) may be waived by the Conservation Commission to a lesser distance by a super majority vote (five of seven members voting in favor). If the vote is taken with six or five members present, the affirmative vote shall be five of six or four of five. This waiver provision shall not apply if only four or fewer members are present and voting.
(1)
A waiver shall be specific and only include the placement of a treatment
system or separations between treatment systems.
(2)
All requests for the waiving of the placement or separation of treatment
systems must be on the standard Conservation Commission application
form, which must include information describing the positions and
separations of other existing and proposed treatment systems and the
reasons for the request. The application must prove by expert testimony
that such a waiver would not be any more of an adverse impact on the
wetlands, aquifer, recharge area, rivers, streams and ponds than the
original setbacks.
B.
A separate public hearing shall be held on the application and will
be held within the notice of intent public hearing. The hearing notice
shall be posted and advertised in the appropriate newspaper at least
seven days before the hearing date.
C.
The approval or disapproval of a request shall be final. A new application
must be submitted and a new public hearing shall be held if a waiver
request is being reapplied for.
D.
Required setbacks.
(1)
Any proposed system to be installed in connection with any newly
constructed structure (excluding additions) which discharges foreign
material into the soil over an aquifer (along with a two-hundred-fifty-foot
protective strip) must be 250 feet from other existing or proposed
systems.
(2)
Any proposed system to be installed in connection with any newly
constructed structure (excluding additions) which discharges foreign
material into the soil within a recharge area (along with a one-hundred-foot
protective strip) must be 200 feet from other existing or proposed
system.
(3)
Any proposed system to be installed in connection with any newly
constructed structure (excluding additions) which discharges foreign
material into the soil must be at least 150 feet from any wetland,
river, stream or pond. The only exception to the one-hundred-fifty-foot
setback will be the installation of a Department of Environmental
Protection approved enhanced nitrogen removal system (fast system),
which will be at least 100 feet from any wetland, stream or pond.
(4)
All distances will be measured from the natural edge of the resource
area, and no setbacks may be obtained by filling, altering, or relocating
a resource area.
The Conservation Commission may, as an alternative to a denial,
impose such conditions as it deems necessary to contribute to the
protection and preservation of the subject lands and contiguous lands
in accordance with the purposes of this bylaw.
A.
The Conservation Commission may require the posting of a bond with
surety, running to the municipality and sufficient as to form and
surety in the opinion of the Commission's counsel, to secure
faithful and satisfactory performance of work required by an order
of conditions, in such sum and upon such conditions as the Conservation
Commission may require. Other evidence of financial responsibility
which is satisfactory to the Conservation Commission may be accepted
in lieu of bonding. Notwithstanding the above, the amount of such
bond shall not exceed the estimated cost of the work required or the
restoration of affected lands and properties if the work is not performed
as required, whichever is greater. Forfeiture of any such bond or
other security shall be recoverable at the suit of the municipality
in Superior Court.
B.
Such bond or other security shall be released upon issuance of a
certificate of compliance.
No activity other than the maintenance of an already existing
structure which will result in the building within or upon, removing,
filling, or altering of land within 25 feet of a bordering vegetated
wetland or an inland bank will be permitted by the Conservation Commission.
The only exceptions to the above twenty-five-foot buffer zone will
be for:
A.
A wetland crossing permitted under MGL c. 131, § 40, and this Chapter 267, the Town of Foxborough Conservation Bylaws; and/or
B.
When the Commission determines that there are no reasonable conditions or alternatives that would allow the project to proceed in compliance with the bylaws; and that the mitigating measures are proposed that will allow the project to be conditioned by the Commission so as to contribute to the protection of the interests identified in MGL c. 131, § 40, and this Chapter 267, the Town of Foxborough Conservation Bylaws.
The notice required by § 267-3 of this bylaw shall not apply to emergency projects necessary for the protection of the health and safety of the citizens of Foxborough and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environmental Protection and the Conservation Commission if this bylaw and MGL c. 131, § 40, as amended, are both applicable or by the Conservation Commission if only this bylaw is applicable. In no case shall any removal, filling, draining, dredging or altering authorized by such certification extend beyond the time necessary to abate the emergency.
No activity associated with the construction of new subdivisions
(including roadways, drainage or utility systems or individual homes)
or individual homes or commercial/industrial projects shall be performed
within 100 feet of any certified vernal pool or any isolated wetland
which is identified by the Commonwealth of Massachusetts as the habitat
of a state listed species. If an addition or renovation to an existing
residential structure is proposed within 100 feet of a certified vernal
pool, the Conservation Commission will review this activity on a case-by-case
basis and issue conditions necessary to provide for maximum protection
to the pool in question.
After public notice and public hearing the Conservation Commission
shall promulgate rules and regulations to effectuate the purposes
of this bylaw. Failure by the Conservation 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, define additional terms not inconsistent with this
bylaw, and impose filing and consultant fees.
[Adopted as Art. IX, Sec. 2, of the General Bylaws]
In recognition of the existence of several aquifers which serve
as the sole source of drinking water for the inhabitants of the Town
and in recognition of the fact that contamination of any pond, stream,
river, surface or subsurface water of Foxborough would pose a significant
hazard to the health of the inhabitants of the Town.
A.
The siphoning of water from any pond, stream, river, watercourse,
surface or subsurface water into a tank vehicle is prohibited in Foxborough.
B.
There shall be a public water hydrant or other public water outlet
in Foxborough furnishing water to any water tank vehicle used for
the mixing, spraying or application of pesticides or herbicides. The
said hydrant or outlet shall not allow any backflow into the public
water system and shall be under the supervision and control of the
Board of Water and Sewer Commissioners.
