[HISTORY: Adopted by the City Council of the City of Quincy 5-17-1993 as Ch. 18.08 of the 1993 Code.
Amendments noted where applicable.]
The purpose of this chapter is to protect the wetlands, related
water resources, and adjoining land areas in the City of Quincy by
prior review and control of activities deemed by the Quincy Conservation
Commission likely to have a significant or cumulatively adverse effect
upon wetland values, including but not limited to the following: public
or private water supply, groundwater, flood control, erosion and sedimentation
control, storm damage prevention, water pollution, fisheries, shellfish,
wildlife habitat, recreation, aesthetics (the visual quality and appearance
of a project and/or quiet enjoyment of undisturbed resource areas),
and aquaculture values (collectively, the "wetland values protected
by this chapter").
[Amended 6-1-2020 by Order
No. 2020-012]
Except as permitted by the Conservation Commission or as provided
in this chapter, no person shall remove, fill, dredge, build upon,
or alter the following resources or land under said resources or land
within a buffer zone as defined by the Department of Environmental
Protection in 310 CMR: any freshwater wetland, including any marsh,
wet meadow, bog or swamp; any saltwater wetland; any lake, river,
pond, stream, drainageway, canal, estuary or the ocean; any bank,
beach, dune, or flat bordering on said water or wetlands; or any land
subject to flooding or inundation by groundwater, surface water, tidal
action or coastal storm flowage.
A.
ALTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
PERSON
The following
definitions shall apply in the interpretation and implementation of
this chapter:
Includes but is not limited to the following activities when
undertaken to, upon, within or affecting resource areas protected
by this chapter:
Removal, excavation, or dredging of soil, sand, gravel, or aggregate
materials of any kind.
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns or flood
retention characteristics.
Drainage or other disturbance of water level or water table.
Dumping, discharging or filling with any material which may
degrade water quality.
Placing of fill, or removal of material, which would alter elevation.
Driving of piles; erection or repair of buildings or structures
of any kind.
Placing of obstructions in water.
Destruction of plant life, including cutting of trees.
Changing water temperature, biochemical oxygen demand, or other
physical or chemical characteristics of water.
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth or political subdivision thereof, to the extent subject
to City ordinances, administrative agency, public or quasi-public
corporation or body, this municipality, and any other legal entity,
its legal representatives, agents or assigns.
B.
Except
as otherwise provided in this chapter or regulations which may be
promulgated thereunder, resources shall be defined as appearing in
MGL c. 131, § 40, and in 310 CMR 10, effective April 1983.
A.
Written application shall be filed with the Quincy Conservation Commission
to perform activities regulated by this chapter and protected by this
chapter. The application shall include such information and plans
as are deemed necessary by the Commission to describe proposed activities
and their effects on the environment. No activities shall commence
without receiving and complying with a permit issued pursuant to this
chapter.
B.
The Commission, in an appropriate case, may accept as the application
and plans under this chapter the notice of intent and plans filed
under the Wetlands Protection Act, MGL c. 131, § 40.
C.
Any person desiring to know whether or not a proposed activity or
an area is subject to this chapter may in writing request a determination
of applicability from the Commission. Such a request for determination
shall contain data and plans specified by the published regulations
of the Commission.
D.
At the time of an application or request the applicant shall pay
a filing fee specified in regulations of the Commission. This fee
is in addition to that required by the Wetlands Protection Act, MGL
c. 131, § 40. In addition, the Commission is authorized
to require the applicant to pay the costs and expenses of any expert
consultant deemed necessary by the Commission to review the application
or request. The Commission may waive the filing fee and costs and
expense for an application or request filed by a government agency
and shall waive them for a request for determination filed by a person
having no financial connection with the property which is the subject
of the request.
[Amended 6-1-2020 by Order
No. 2020-012]
(1)
Permit fees are payable at the time of application and are nonrefundable.
(3)
City, county, state or federal projects are exempt from fees.
(4)
No fee is charged for requests for determination under the law or
extensions of orders of conditions.
(5)
Failure to comply with the law after official notification shall
result in fees twice those normally assessed.
E.
Fees. Fees shall be in accordance with the rules and regulations
of the Quincy Conservation Commission (QCC) and the Department of
Environmental Protection (DEP).
[Amended 6-1-2020 by Order
No. 2020-012]
[Amended 6-1-2020 by Order
No. 2020-012]
A.
Any person filing an application or a request for determination with
the Commission concurrently shall give written notice to all abutters
in accordance with CMR 310. The notice to the abutters shall include
a copy of the application or information where a copy of the application
may be obtained and examined by abutters free of charge.
B.
When a person requesting a determination is other than the owner,
the request, the notice of the hearing and the determination itself
shall be sent by the Commission to the owner as well as to the person
making the request.
C.
The Commission shall conduct a public hearing on any application
or request for determination, with written notice given at the expense
of the applicant seven business days prior to the hearing in a newspaper
of general circulation in the municipality.
D.
The Commission shall commence the public hearing within 21 days from
receipt of a completed application or request for determination.
E.
The Commission shall issue its permit or determination in writing
within 21 days of the close of the public hearing thereon.
F.
The Commission in an appropriate case may combine its hearing under
this chapter with the hearing conducted under the Wetlands Protection
Act, MGL c. 131, § 40.
Any person filing a permit application or a request for determination
with the Commission shall provide a copy thereof at the same time,
by certified mail or hand delivery, to the City Council, Planning
Board, Zoning Board of Appeals, Health Commissioner and Director of
Inspectional Services.
A.
If the Commission, after a public hearing, determines that the activities
which are the subject of the application are likely to have a significant
or cumulatively adverse effect upon the wetland values protected by
this chapter, the Commission, within 21 days of the close of the hearing,
shall issue or deny a permit for the activities requested. If it issues
a permit, the Commission shall impose conditions which the Commission
deems necessary or desirable to protect those values, and all activities
shall be done in accordance with those conditions.
B.
The Commission is empowered to deny a permit for failure to meet
the requirements of this chapter; for failure to submit necessary
information and plans requested by the Commission; for failure to
meet design specifications, performance standards, and other requirements
in regulations of the Commission; for failure to avoid or prevent
unacceptable, significant, or cumulatively adverse effects upon the
wetland values protected by this chapter; and where no conditions
are adequate to protect those values.
C.
A permit shall expire three years from the date of issuance. Notwithstanding
the above, the Commission, in its discretion, may issue a permit expiring
five years from the date of issuance for recurring or continuous maintenance
work by a public agency, provided that annual notification of time
and location of work is given to the Commission. Any permit may be
renewed once for an additional year period, provided that a request
for a renewal is received in writing by the Commission prior to expiration.
D.
For good cause the Commission may revoke or modify a permit issued
under this chapter after public notice and public hearing and notice
to the holder of the permit.
E.
The Commission in an appropriate case may combine the permit or other
action on an application issued under this chapter with the order
of conditions issued under the Wetlands Protection Act.
After public notice and public hearing, the Commission may promulgate
rules and regulations to effectuate the purposes of this chapter.
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 chapter.
[Amended 6-1-2020 by Order
No. 2020-012]
A.
The permit and application required by this chapter 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, or other telecommunication services,
provided that the structure or facility is not substantially changed
or enlarged, provided that written notice has been given to the Commission
prior to commencement of work, and provided that the work conforms
to performance standards in any regulations adopted by the Commission.
B.
The permit and application required by this chapter shall not apply
to emergency projects necessary for the protection of the health or
safety of the public, provided that the work is to be performed by
or has been ordered to be performed by an agency of the commonwealth
or a political subdivision thereof, provided that advance notice,
oral or written, has been given to the Commission prior to commencement
of work or within 24 hours after commencement, provided that the Conservation
Commission or its agent certifies the work as an emergency project,
provided that the work is performed only for the time and place certified
by the Conservation Commission for the limited purposes necessary
to abate the emergency, and provided that within 21 days of commencement
of an emergency project a permit application shall be filed with the
Commission for review as provided in this chapter. Upon failure to
meet these and other requirements of the Commission, the Commission
may, after notice and a public hearing, revoke or modify an emergency
project approval and order restoration and mitigation measures.
As part of a permit issued under this chapter, in addition to
any security required by any other municipal 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 or other undertaking
of financial responsibility sufficient in the opinion of the Commission.
B.
The Commission
may also accept as security a conservation restriction, easement,
or other covenant enforceable in a court of law, whether temporary
or permanent, executed and duly recorded by the owner of record.
A.
The Commission, its agents, officers, and employees shall have the
authority to enter upon privately owned land for the purpose of performing
their duties under this chapter and may make or cause to be made such
examinations, surveys or sampling as the Commission deems necessary.
(1)
The
Commission shall have the authority to enforce this chapter, its regulations
and permits issued thereunder by violation notices, enforcement orders
and civil and criminal court actions.
(2)
Upon
request of the Commission, the City Council and the City Solicitor
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.
B.
Municipal boards and officers, including any police officer or other
officer having police powers, and also including but not limited to
the City of Quincy Conservation Enforcement Officer, shall have the
authority to assist the Commission in enforcement.
C.
Any person who violates any provision of this chapter or regulations
thereunder, or permits issued thereunder, shall be punished by a fine
of $100. Each day or portion thereof during which a violation continues
shall constitute a separate offense.
[Amended 6-1-2020 by Order
No. 2020-012]
D.
In the alternative to criminal prosecution the Commission may elect
to utilize the noncriminal disposition procedure set forth in MGL
c. 40, § 21D.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the application will not have unacceptable significant or cumulatively
adverse effect upon the wetland values protected by this chapter.
Failure to provide adequate evidence to the Commission supporting
this burden shall be sufficient cause for the Commission to deny a
permit or grant a permit with conditions.
This chapter is adopted under the Home Rule Amendment of the
Massachusetts Constitution and the home rule statutes, independent
of the Wetlands Protection Act, MGL c. 131, § 40, and regulations
thereunder.
