As used in these regulations, the following terms shall have the
meanings indicated:
ABUTTER
The owner of any land within 100 feet of the property line
of the land where the activity is proposed, as determined by the most
recent Assessors' records, including any land located directly
across a street, river, stream or pond.
ACTIVITY
On or in any area subject to protection by the Bylaw and
its regulations: any form of draining, dumping, dredging, damming,
discharging, excavating, filling or grading; the erection, reconstruction
or expansion of any buildings or structures; the driving of pilings;
the construction or improvement of roads and other ways; the changing
of runoff characteristics; the intercepting or diverging of groundwater
or surface water; the installation of drainage, sewage and water systems;
the discharging of pollutants; the destruction of plant life; the
cutting or removal of 20% or more of the growth or limbs of trees
or vegetation; and any other changing of the physical characteristics
of land or the physical or chemical characteristics of water.
ALTER
To change the condition(s) of any area subject to protection
by this Bylaw and shall include but not be limited to one or more
of the following actions upon the resource areas protected by this
Bylaw: fill, removal, excavation or dredging of soil, sand, gravel
or aggregate material of any kind;
(1)
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns or flood
storage retention areas;
(2)
Draining, disturbing or lowering of the water level or water
table; the dumping, discharging or filling with any material which
could degrade the water quality;
(3)
Driving of pilings, erection of buildings or structures of any
kind;
(4)
Placing of any object or obstruction, whether or not it interferes
with the flow of water;
(5)
Destruction, extensive trimming (defined as 20% or more of limbs
or growth), or removal of plant life, vegetation, or trees;
(6)
Changing of water temperature, biochemical oxygen demand, nutrient
concentration or chemical concentration or other natural characteristics
of the receiving water;
(7)
Any activities, changes or work which pollutes any stream or
body of water, whether located in or out of the Town of Bellingham;
(8)
Application of pesticides and herbicides; or
(9)
Any activity, change or work which adversely affects groundwater
or drinking water supply.
(10)
Any incremental activity that has or may have a cumulative adverse
effect on the resource area values protected by the Bylaw.
APPLICANT
A person filing a request for determination of applicability
or notice of intent or other application with the Commission.
AREA OF CRITICAL ENVIRONMENTAL CONCERN
An area so designated by the Secretary of Environmental Affairs
of the Commonwealth of Massachusetts pursuant to regulations (301
CMR 12.00), said designation being due to the particular environmental
factors which impact upon the areas in question and which highlight
the importance of each area so designated.
BANK
The portion of the land surface which normally abuts and
confines a water body, often between the mean annual low flow level
and the first observable break in the slope or the mean annual flood
level, whichever is lower.
BEST AVAILABLE MEASURES
The most up-to-date technology or the best designs, measures
or engineering practices that have been developed and that are commercially
or readily available.
BEST MANAGEMENT PRACTICES
Technologies, designs, measures or engineering practices
that are in general use to optimally protect the resource area values
of the Bylaw (also referred to as "BMPs").
BORDERING
Includes any land within either of the following or the greater
thereof:
(1)
One hundred feet horizontally lateral from the edge of any resource area consistent with §
247-2A(1) through
(8).
(2)
Within the maximum lateral extent of the water elevation of
the statistical 100-year frequency storm.
BOUNDARY
The boundary of an area subject to protection under the Bylaw.
A description of the boundary of each area is found in the appropriate
section of these regulations or in the Bylaw.
BUFFER ZONE
The adjacent upland resource area 100 feet horizontally lateral from the boundary of any resource areas identified in §
247-2A(1) through
(8).
BYLAW
Chapter
235 of the Bylaws of the Town of Bellingham, Massachusetts, entitled "Wetlands Protection."
CERTIFICATE OF COMPLIANCE
A written determination by the Conservation Commission as
to whether work or a portion thereof has been completed in accordance
with the permit issued under the Bylaw governing said work.
CONDITIONS
Those requirements set forth in a written permit issued by
a Conservation Commission for the purpose of permitting, regulating
or prohibiting any activity that removes, fills, dredges or alters
an area subject to protection under the Bylaw.
CONSERVATION COMMISSION
That body in Bellingham comprised of members lawfully appointed
pursuant to M.G.L. ch. 40, § 8C.
CREEK
The same as "stream."
CUMULATIVE EFFECT
An effect that is significant when considered in combination
with other activities that have occurred, are going on simultaneously,
or that are likely to occur, whether such other activities have occurred
or are contemplated as a separate phase of the same project, such
as the build-out of a subdivision or an industrial park, or unrelated
but reasonably foreseeable actions, including other development projects
that are currently under construction, under review or that may be
expected to come forward.
DATE OF ISSUANCE
The date a permit, order, or determination is mailed, as
evidenced by a postmark, or the date it is hand-delivered.
DATE OF RECEIPT
The date of delivery to an office, home or usual place of
business by mail or hand delivery.
DETERMINATION
(1)
DETERMINATION OF APPLICABILITYA written finding by the Conservation Commission as to whether a site or the work proposed thereon is subject to the jurisdiction of the Bylaw.
(2)
DETERMINATION OF SIGNIFICANCEA written finding by the Conservation Commission, after a public hearing, that the area on which the proposed work is to be done or which the proposed work will alter is significant to one or more of the interests identified in the Bylaw.
(3)
NOTIFICATION OF NONSIGNIFICANCEA written finding by the Conservation Commission, after a public hearing, that the area on which proposed work is to be done, or which the proposed work will alter, is not significant to any of the interests of the Bylaw.
DREDGE
To deepen, widen, grade or excavate, either temporarily or
permanently, land below ordinary high water of a water body or waterway.
EXTENSION PERMIT
A written extension of time within which the authorized work
shall be completed.
FILL
To deposit any material so as to raise the elevation of land
surface or ground, either temporarily or permanently.
FLOOD CONTROL
The prevention or reduction of flooding and flood damage.
GROUNDWATER
All subsurface water contained in natural geologic formations
or artificial fill including soil water in the zone of aeration. Activities
within resource areas or the buffer zone thereto shall not significantly
alter the existing quality or elevation of naturally occurring groundwater.
IN or WITHIN
An area subject to protection under the Bylaw means in, through,
under, over, cantilevered over, shading; does not require physical
touching of said area subject to protection. With respect to structures,
"in" is measured from the drip-line of the roof or foundation or footing,
whichever is closer to the resource area.
ISOLATED WETLAND
A resource area that due to its vegetation, soils, and/or
hydrology has at least one of the following characteristics:
(2)
Holds enough water to provide a breeding habitat for certain
water-dependent fauna species;
(3)
Fifty percent or more of the vegetational community is composed
of wetland plant species; or
(4)
Otherwise exhibits any of the characteristics of a bordering
vegetated wetland, excepting a hydraulic connection to another water
body.
LAKE
Any open body of fresh water with a surface area of 10 acres
or more, and shall include great ponds.
LAND SUBJECT TO FLOODING OR INUNDATION - BORDERING
The land within the estimated maximum lateral extent of flood water which will theoretically result from the statistical 100-year frequency storm; said boundary shall be that determined by reference to the most recently available flood profile data prepared for Bellingham within which the work is proposed under the National Flood Insurance Program ("NFIP"). Where NFIP data are unavailable or deemed by the Commission to be outdated or inaccurate or not reflecting current conditions, the boundary of said land shall be based on the maximum lateral extent of flood water which has been observed or recorded, or other evidence presented and considered by the Commission. See further definition in §
247-22.
MAJORITY
More than half of the members of the Conservation Commission.
NOTICE OF INTENT (or "NOI")
The written notice filed by any person intending to remove,
fill, dredge or alter an area subject to protection under the Massachusetts
Wetlands Protection Act, M.G.L. ch. 131, § 40, or the Bylaw,
or both.
ORDER
An order of conditions, superseding order or final order,
whichever is applicable, issued pursuant to M.G.L. ch. 131, § 40,
or the Bylaw, or both.
PERMIT
The document issued by the Conservation Commission pursuant
to this Bylaw which allows work in accordance with conditions set
by the Commission in the resource areas protected by this Bylaw. A
permit may be in the form of an order of conditions or negative determination
of applicability, with or without conditions.
PERMIT DENIAL
The document issued by the Conservation Commission pursuant
to the Bylaw which disallows proposed work.
PERSON
Any individual, group of individuals, associations, partnerships,
corporations, business organizations, trust, estate, Commonwealth
of Massachusetts when subject to Town Bylaws, any public or quasi-public
corporation or body when subject to Town Bylaws or any other legal
entity, including the Town of Bellingham or its legal representative,
agents or assigns.
PERSON AGGRIEVED
Any person who, because of an act of failure to act by the
Conservation Commission, may suffer an injury in fact which is different
either in kind or magnitude from that suffered by the general public
and which is within the scope of the interests identified in the Bylaw.
PLANS
Such data, maps, engineering drawings, calculations, specifications, schedules and other materials, if any, deemed necessary by the Conservation Commission to describe the site and/or work to determine the applicability of the Bylaw or to determine the impact of the proposed work upon the interests identified in the Bylaw (See §
247-29).
POND
Any open body of fresh water, either naturally occurring
or man-made by impoundment or excavation, which is never without standing
water due to natural causes, except in periods of extended drought
and has a surface area of 5,000 square feet or more. For purposes
of this definition, "extended drought" shall mean any period of four
or more months during which the average rainfall for each month is
50% or less of the ten-year average for that same month. Basins or
lagoons which are part of wastewater treatment plants, swimming pools
or other impervious man-made retention basins shall not be considered
ponds.
PREVENTION OF POLLUTION
The prevention or reduction of chemicals (e.g., nutrients,
hydrocarbons, solvents, metals, vapors) known or suspected of causing
harm to humans, plants, or animals via exposure to any media (air,
water, soil, sediment).
PRIVATE WATER SUPPLY
Any source or volume of surface or groundwater demonstrated
to be in any private use or shown to have potential for private use
for domestic purposes.
PROTECTION OF FISHERIES
Protection of the capacity of an area subject to protection
under the Bylaw to prevent or reduce contamination or damage to fish
and to serve as their habitat and nutrient source.
PROTECTION OF WILDLIFE
The protection of any plant or animal species, including
but not limited to those listed as endangered, threatened or special
concern, or on the Watch List by the Massachusetts Natural Heritage
Program; listed as federally endangered or federally threatened by
the U.S. Fish and Wildlife Service; deemed locally threatened, in
writing, by the Conservation Commission; and means protection of the
ability of any resource area to provide food, breeding habitat, shelter
or escape cover and species falling within the definition of wildlife
set forth in these regulations.
PUBLIC WATER SUPPLY
Any source or volume of surface water or groundwater demonstrated
to be in public use or approved for water supply pursuant to M.G.L.
ch. 111, § 160 by the Division of Water Supply of the Department
of Environmental Protection or shown to have a potential for public
use.
QUORUM
The minimum number of Commissioners who must be present for
a valid meeting.
REMOVE
To take away any type of material, thereby changing the elevation
of land surface or ground, either temporarily or permanently.
RESOURCE AREA
Is used synonymously with "area subject to protection under the Bylaw," each one of which is listed in the Bylaw and in §
247-2 of these regulations.
RIVER
Any natural flowing body of water that empties to any ocean,
lake, pond, reservoir, stream, or other river.
RIVERFRONT AREA
The area of land between a river, stream, brook or creek's
mean annual high water line or top of bank, whichever is further landward,
and a parallel line measured 200 feet horizontally landward of the
mean annual high water line. The 200-foot riverfront area shall apply
to perennially flowing rivers, streams, brooks, or creeks.
SIGNIFICANT
Plays a discernible role; e.g., a resource area is significant
to an interest identified in the Act when it plays a role in the provisions
or protection, as appropriate, of that interest.
SMALL PROJECT
Any project of 200 square feet or less of impervious surface,
including but not limited to: decks, structures, pools, patios, or
foundation enclosing 200 square feet or less.
STORM DAMAGE PREVENTION
The prevention of damage caused by water from storms, including
but not limited to erosion and sedimentation, damage to vegetation,
property or buildings or damage caused by flooding, waterborne debris
or waterborne ice.
STREAM
A body of running water, including brooks and creeks, which
moves in a definite channel in the ground due to hydraulic gradient,
and includes streamlets and rivulets. A portion of a stream may flow
through a culvert or beneath a bridge.
STRUCTURE
A combination of materials or things arranged or constructed
for permanent or temporary occupancy, shelter, or use, such as a building,
bridge, trestle, wireless communications facility, tower, framework,
retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform,
swimming pool, shelters, piers, wharves, bin, fence, sign, or the
like.
WILDLIFE
Any non-domesticated mammal, bird, reptile, amphibian, fish,
mollusk, arthropod or other invertebrate, other than a species of
the Class insects which has been determined by the Commonwealth of
Massachusetts or any agency thereof to be a pest whose protection
under the provisions of the Bylaw would be a risk to man.
WILDLIFE HABITAT
The area necessary to provide breeding or nesting habitat,
shelter, food and water for any animal species.
WORK
The same as "activity."