[HISTORY: Adopted by the Town Meeting 5-9-2011 ATM, Art. 13. Amendments noted
where applicable.]
A.
The purpose of this bylaw is to protect the floodplains, wetlands
and related water resources, riverfront areas and adjoining land areas
in the Town of Webster by prior review and control of activities deemed
to have a significant effect upon wetland or resource area values,
including, but not limited to, the following: public or private water
supply, ground water, water quality, flood control, sedimentation
and erosion control, storm damage prevention and flowage, water pollution
control, wildlife and wildlife habitats, fisheries, fish and shellfish
habitats, rare plant and animal species, agriculture, aquaculture
and recreation values deemed important to the community (collectively,
the "wetland values protected by the bylaw"). This bylaw is adopted
under authority of Section 6, Article 89 of the Amendments to the
Massachusetts Constitution, known as the Home Rule Amendment, and
MGL c. 40, § 21.
B.
All of the procedures and requirements set forth in the Wetlands
Protection Regulations of 310 CMR 10.00 et. seq. are hereby incorporated
and made a part of these regulations except where they differ from
or depart from these regulations. Where these regulations differ from
or depart from the state regulations, they shall take precedence over
the state regulations. The applicant should first address the regulations
at 310 CMR 10.00 et. seq. and then supplement them with the Webster
Wetlands Protection bylaw. Unless otherwise indicated in the bylaw
or these regulations, definitions, timeframes, forms and procedures
shall be the same as stated in the Massachusetts Wetlands Protection
Act.
C.
The Commission, its agents, officers and employees shall have authority
to enter upon privately owned land for the purpose of performing their
duties under this bylaw and may make or cause to be made such examinations,
surveys or sampling as the Commission deems necessary, subject to
the constitutions and laws of the United States and the Commonwealth.
A.
The Order of Conditions and application required by this bylaw shall
not be required for 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 to provide electric, gas,
water, telephone, telegraph, and other telecommunication services
provided that written notice has been given to the Commission prior
to the commencement of any work, and provided that the work conforms
to performance standards and design specifications in regulations
adopted by the Commission.
B.
Any agricultural activity as defined by the Farm Assessment Act,
MGL c. 61, 61A, 61B, and/or c. 132 exempt from the provisions of the
Wetlands Protection Act, MGL c. 131, § 40, MGL c. 128, § 1A,
and from the Wetlands Protection Regulations 310 CMR 10.00 (normal
maintenance or improvement of land in agricultural use) will also
be exempt under this bylaw.
A.
Fee Schedule.
(1)
At the time an application is filed, the applicant shall pay a fee
specified in the regulations of the Commission. The filing fee is
in addition to that required by the Wetlands Protection Act (MGL c.
131, § 40 and Regulations 310 CMR 10.00 et. Seq.). These
filing fees are nonrefundable.
(2)
The Conservation Commission shall use such fees to implement this
bylaw, the regulations promulgated hereunder, and any policies developed
by the Conservation Commission including, but not limited to, the
employment of a Conservation Consultant/Agent. The responsibilities
of the Conservation Consultant/Agent may include, but are not limited
to: review of resource areas, performing site visits, briefing the
Conservation Commission, serving as liaison between the Conservation
Commission, applicants, abutters, consultants and other interested
parties, drafting Determinations of Applicability and Orders of Conditions,
verifying implementation of erosion control measures, facilitating
Public Hearings, reviewing requests for certificates of compliance
and enforcing the provisions of this article, the regulations promulgated
hereunder, and the policies developed by the Conservation Commission.
(3)
The Conservation Commission may waive the filing fee for a Notice
of Intent application or a Request for Determination of Applicability
filed by a government agency.
B.
Wetlands Consultant Fees.
(1)
In order to enforce the regulations promulgated hereunder, and the
policies developed by the Conservation Commission to the extent consistent
with MGL c. 44, § 53G and any other law pertaining thereto,
or at any point during the review of an application until a Certificate
of Compliance is issued, the Conservation Commission may find that
the assistance of outside consultants is warranted due to the size,
scale or complexity of a proposed project or because the project may
have a significant effect upon the values the Conservation Commission
is authorized to protect. The exercise of discretion by the Commission
in making its determination to require the payment of a consultant
fee shall be based upon its reasonable finding that additional information
acquirable only through outside consultants would be necessary for
the making of an objective decision.
(2)
In such instances where consulting fees are required, the Commission
shall notify the applicant of this need and shall provide the opportunity
for the application to be amended or withdrawn. Should an applicant
choose to proceed, the Commission shall require the applicant to pay
the fees for these consulting services. The consultant services may
include, but shall not be limited to, ascertaining the extent of the
Conservation Commission's jurisdiction, analyzing resource area functions
and values, evaluating ecosystem management such as wildlife habitat,
analyzing hydrogeologic and drainage conditions, providing assistance
during appeal or litigation, researching environmental or land use
law, and inspecting work to insure compliance. The Commission shall
return any unused portion of the consultant fee to the applicant unless
the Commission decides at a public meeting that other action is necessary.
(3)
A list, with a minimum of three or more outside consultants, shall
be provided by the commission for the applicant to choose from. Any
applicant aggrieved by the imposition of, or size of the consultant
fee, or any act related thereto, may appeal to the Board of Selectmen,
in accordance with the provisions of MGL c. 44 § 53G. The
grounds for such an appeal shall be limited to claims that the consultant
selected has a conflict of interest or does not possess the minimum
required qualifications. The standard of qualification shall consist
of Massachusetts certification or license in the field at issue or
references mutually acceptable to the Commission and the applicant,
showing expertise and experience in the field at issue. The required
time limit for action upon an application by the Commission shall
be extended by the duration of the administrative appeal.
[Amended 10-19-2020 FATM by Art. 13]
A.
No person shall remove, fill, dredge, build upon, degrade, or otherwise
alter protected resource areas, or cause, suffer, or allow such activity,
or leave in place unauthorized fill, or otherwise fail to restore
illegally altered land to its original condition, or fail to comply
with a permit or an enforcement order issued.
B.
When possible violations are reported, a Commissioner or the Conservation
Consultant/Agent will determine whether a violation exists and if
an Enforcement Order is necessary. The Commission Consultant/Agent
may consult with the Commission Chairman and other members as necessary,
but if time or other constraints exist, may proceed employing best
judgment. Any Enforcement Order issued by any individual must be ratified
by the Commission at a public meeting.
C.
If a Commissioner or the Conservation Consultant/Agent confirms or
strongly suspects a violation, an Enforcement Order will be issued.
Enforcement Orders will direct the property owners and contractors
to (1) stop work, (2) identify resource areas on the site, (3) install
erosion controls, and (4) meet with the Commission to discuss the
violation.
D.
If a wetland line has been previously approved by the Commission,
its location will be the basis for evaluation of the violation. If
a wetland line has not been established or approved by the Commission,
then the Commission or Enforcement Order may require the owner, developer,
and contractor to employ a wetland scientist to identify wetland resource
areas with flagging within a time frame not longer than two weeks
from the date of the Enforcement Order. All Enforcement Orders will
be maintained in the Conservation database and placed on file. At
the subsequent meeting, the Commission will consider the following
aspects of the violation: value of the area to the statutory interests,
harm of the damage, immediacy of the harm, value of restoration, feasibility
of restoration, potential legal outcomes, and potential financial
burden to the Town of Webster.
E.
The Commission shall have authority to enforce its regulations and
permits by the issuance of Enforcement Orders, administrative orders
and the initiation of civil and criminal court actions. Any person
who violates the provisions may be ordered to restore the property
to its original condition and take other action deemed necessary to
remedy such violations, fined, or both. The enforcing officers in
the noncriminal disposition procedure shall be members of the Conservation
Commission or its agents.
F.
Upon request of the Commission, the Town Administrator and the Town
Counsel shall take legal action for enforcement under civil law. Upon
request of the Commission, the Chief of Police shall take legal action
for enforcement under criminal law. Municipal boards and officers,
including any police officer or other officer having police powers,
shall have authority to assist the Commission in enforcement. As an
alternative to criminal prosecution in a specific case, the Commission
may issue citations under the non-criminal disposition procedures
set forth in MGL c. 40, § 21D.
G.
In addition to any other remedies available under any law or this
bylaw, any person who violates any provision of this bylaw, regulation,
permit or administrative order issued, may be fined according to the
fine schedule below. The fine for filling in a wetland or resource
area shall be seventy-five dollars ($75) per square foot per day.
Each day or portion thereof during which a violation continues, or
unauthorized fill or other alteration remains in place, shall constitute
a separate offense with each provision of the bylaw, regulations,
permits or administrative order(s) violated shall constitute a separate
offense. For all other violations, each day or portion thereof during
which a violation continues shall constitute a separate offense, and
each provision of the bylaw, regulations, permits or administrative
order(s) violated shall constitute a separate offense. In a specific
case, the Commission may issue the following penalties for wetland
violations (not including filling of wetlands) after initial notification
by the Webster Conservation Commission or its agents: First day of
offense: one hundred dollars ($100); Second day of offense: two hundred
dollars ($200); Third day and all subsequent days of offense: three
hundred dollars ($300).
