The purpose of this Bylaw is to protect the wetlands of the
Town of Medfield 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 control, wildlife
habitat, recreation, and aesthetics (collectively, the "interests
protected by this Bylaw").
The Commission shall hold a public hearing on the application
within 21 days of its receipt. Notice of the time and place of the
hearing shall be given by the Commission at the expense of the applicant,
not less than five days prior to the hearing, by publication in a
newspaper of general circulation in Medfield and by mailing a notice
to the applicant, the Board of Health, Board of Selectmen, Planning
Board and to such other persons as the Commission may by regulation
determine.
If, after the public hearing, the Commission determines that
the area which is the subject of the application is significant to
the interests protected by this Bylaw, the Commission shall, within
21 days of such hearing, issue or deny a permit for the work requested.
If it issues a permit after making such determination, the Commission
shall impose such conditions as it determines are necessary or desirable
for protection of those interests, and all work shall be done in accordance
with those conditions. If the Commission determines that the area
which is the subject of the application is not significant to the
interests protected by this Bylaw, or that the proposed activity does
not require the imposition of conditions, it shall issue a permit
without conditions within 21 days of the public hearing. Permits shall
expire one year from the date of issuance, unless renewed prior to
expiration, and all work shall be completed prior to expiration. Copies
of the permit shall be sent to the Board of Selectmen, the Planning
Board and the Board of Health. A copy shall also be sent to the Registry
of Deeds to be recorded with the deed.
The Commission shall not impose additional or more stringent
conditions pursuant to MGL c. 131, § 40, than it imposes
pursuant to this Bylaw, nor shall it require a notice of intention
pursuant to MGL c. 131, § 40, to provide materials
or data in addition to those required pursuant to this Bylaw.
This Bylaw shall not apply to any emergency project as defined
in MGL c. 131, § 40.
Any person who purchases, inherits or otherwise acquires real
estate upon which work has been done in violation of the provisions
of this Bylaw or in violation of any permit issued pursuant to this
Bylaw shall forthwith comply with any such order or restore such land
to its condition prior to any such violation; provided, however, that
no action, civil or criminal, shall be brought against such person
unless commenced within three years following the date of acquisition
of the real estate by such person.
After due notice and public hearing, the Commission may promulgate
rules and regulations to effectuate the purposes of this Bylaw. Failure
by the 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. Changes in the rules
and regulations may be made at any time, after due notice and a public
hearing on the changes.
The applicant shall have the burden of showing by a preponderance
of credible evidence that the work proposed in the application will
not harm the interests protected by this Bylaw. Failure to provide
adequate evidence to the Commission supporting a determination that
the proposed work will not harm the interests protected by this Bylaw
shall be sufficient cause for the Commission to deny a permit or grant
a permit with conditions, or, in the Commission's discretion,
to continue the hearing to another date to enable the applicant or
others to present additional evidence.
The Commission may require, as a permit condition, that the
performance and observance of other conditions be secured by one or
both of the following methods:
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,
said security to 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 running
with the land, executed and properly recorded (or registered, in the
case of registered land).