The purpose of this bylaw is to protect the wetlands, flood
plains, water resources, and adjoining land areas in the Town of Ipswich
by prior review and control of activities deemed by the Conservation
Commission ("The Commission") likely to have a significant or cumulative
effect on wetland values, including but not limited to the following:
Public or private water supply
Flood control
Erosion or sedimentation control
Storm damage prevention
Water quality
Water pollution prevention
Fisheries
Land containing shellfish
Wildlife habitat
(collectively, the "interest protected by this bylaw").
The Commission, its agents, officers and employees may enter
upon privately owned land to perform their duties under this bylaw
and make or cause to be made such examinations, surveys or samplings
as the Commission deems necessary.
An applicant may submit a written request to the Commission
for a determination of the applicability of this bylaw to any land
or work thereon. Upon receipt of said request, the Commission shall,
within 21 calendar days, make a written determination as to whether
this bylaw is applicable to land or work as described by plans submitted
with the request, unless an extension is authorized in writing by
the applicant.
When an application for a permit as provided in §
224-4 has been submitted to the Commission, a public hearing on said application shall be scheduled by the Commission within 21 calendar days of the date of submission as determined by the date of receipt, unless an extension is requested or authorized in writing by the applicant. Notice of the time and place of such hearing and of the subject matter, sufficient for the identification, shall be given by the Commission (at the expense of the applicant) by advertisement in a newspaper of general circulation in Ipswich at least five business days prior to the date of such hearing.
[Amended 10-27-2015 TM
by Art. 14, approved by Attorney General 2-1-2016]
A. The Commission shall issue a permit to the applicant or, if in the
opinion of the Commission the proposed work described in the application
may adversely affect the interests protected by this bylaw, deny such
permit within 21 calendar days after the conclusion of the public
hearing or such further time as may be agreed upon at the written
request of the applicant. The Commission shall set forth in what manner
the interests of this bylaw are affected in the permit or denial.
The Commission may impose such conditions as it determines are reasonable
to protect those interests. All work shall conform to the conditions
set forth in the permit.
B. In the event of a denial of an application, the Commission shall
set forth in detail the reasons for the denial, and shall send notice
of such action to the applicant by certified mail, return receipt
requested, to the address stated on the application.
C. Permits shall expire three years from the date of issuance. An applicant
may apply for an extension before 30 calendar days prior to the expiration
of the permit or extension and the Commission may grant extensions
for one or more periods of up to three years each.
Any aggrieved party may appeal the action or inaction of the Commission. Appeals may be taken as provided by MGL c. 249, §
4, as may be amended.
[Amended 10-27-2015 TM
by Art. 14, approved by Attorney General 2-1-2016]
The notice provisions of this bylaw shall not apply to emergency
projects initiated by the Town of Ipswich or other governmental Boards,
Agencies, or Commissions necessary for the immediate protection of
public health, safety and welfare of the citizens of Ipswich. However,
the Commission shall be notified within 24 hours of the commencement
of such projects. In the absence of members of the Commission, notification
may be made to the Select Board, Town Manager, or Board of Health.
A certificate of emergency condition shall be filed with the Commission
by the Board, Town Manager, Agency, or Commission which authorized
the project, within 14 calendar days after the initiation of work.
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 order issued pursuant to this
bylaw, shall forthwith comply with an order to restore such real estate
to its condition prior to any such violations or to comply with conditions
determined by the Commission if restoration is impractical. No action
by the Town of Ipswich, civil or criminal, shall be brought against
such person unless commenced within three years of the acquisition
of the real estate.
After due notice and public hearing, the Commission may promulgate
regulations and procedures for compliance with this bylaw, a copy
of which shall be filed with the Town Clerk. Failure by the Commission
to promulgate such procedures or a legal declaration of their invalidity
by a court of law shall not act to suspend or invalidate the effects
of this bylaw.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section, nor shall it invalidate any permit
or determination which previously had been issued.
As part of a permit issued under this bylaw, 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 and which have been approved
by Town Counsel:
A. By a proper bond or deposit of money or negotiable securities or
other undertaking of financial responsibility sufficient in the reasonable
judgment of the Commission;
B. By a conservation restriction, easement or other covenant enforceable
in a court of law executed and duly recorded by the owner of record,
running with the land to the benefit of this municipality or its inhabitants
whereby the permit conditions shall be performed and observed before
any lot may be conveyed other than by mortgage.
Prior to the commencement of work subject to any permit issued under the provision of §
224-9 and any amendment thereof approved under the provisions of §
224-10, the permits and amendments thereto shall be recorded with the Essex County Registry of Deeds, or in the event that the permit has been issued for work on registered land, with the Land Court of the Commonwealth. A copy of the recorded permit shall be submitted to the Commission within 21 days of such recording.