A. 
An increase in the size of a building in a resource area will be considered to be an increased use in the resource area. If an existing building is located within a resource area any alteration to the building which results in an increase in the footprint, the square footage or the cubic volume, will be presumed to have a significant adverse impact on the resource area. Resource areas include all areas specified under § 196A-2, Statement of jurisdiction (§ 160-2), Subsection A(1), (2), (3), (5), and (6).
B. 
If more than 25% of the footprint, the square footage, or cubic volume of the building is altered, the building will be considered new construction.
C. 
Alteration of more than 25% of a building located in a dune area must take into consideration the effects of the increase in velocity of the blowing sand by the building. In no instances shall two buildings be built that would increase the velocity of the blowing sand between them and cause additional scour. Buildings in dunes should be built on pilings to allow the dune to migrate under them and at minimum the height of land subject to coastal storm flowage. There should be no storage or utilities under the building. An increase in decks and walkways, including roof decks and additional structures such as boat racks, should only be considered when they can be shown to be a benefit to the resource area.
D. 
Alteration of more than 25% of a building located in land under the ocean or an estuary, land under water bodies and waterways and land under salt ponds must take into consideration the effects of construction as well as the effects of the permanent structure on that water body. In no instance shall there be an increase in square footage of the building. In instances of storm damage according to Zoning Regulations only a certain percentage of the building maybe rebuilt at one time. Replacement of decks or walkways will only be considered when they can be shown to be a benefit to the resource area or a safety issue. Construction materials shall not be disposed of in the water body.
E. 
Alteration of more than 25% of a building on a coastal bank must take into consideration the function and stability of that bank. Coastal banks serve to protect inland areas from storm surge and also contribute sediment to the marsh system. The vegetation on a coastal bank provides erosion and sedimentation control, wild life habitat and aesthetic value. In no instance may a building be altered in such a way as to disrupt these functions of the bank. Buildings within land subject to coastal storm flowage should be built on pilings to a minimum height of the one-hundred-year storm surge or otherwise follow the Zoning Regulations.
[Amended 4-26-2017 by Conservation Commission]
A. 
Purpose. As provided by MGL c. 44, § 53G, the Orleans Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services. Such services shall be deemed necessary by the Commission to come to a final decision on an application submitted to the Conservation Commission pursuant to the requirements of: the Wetlands Protection Act (MGL c.131, § 40 and 310 CMR 10.00), the Town of Orleans Wetland By-law (Chapter 160), the Town of Orleans Wetland Protection Regulations (Chapter 196A), Conservation Commission Act (MGL c. 40, § 8C), or any other state or municipal statute, bylaw or regulation, as they may be amended or enacted from time to time. The Conservation Commission may also impose fees for other consultant services, related to application review, or permit conditioning or monitoring, under any of the above-referenced laws or regulations.
B. 
Special account. Funds received pursuant to these rules shall be deposited with the Town of Orleans Treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Conservation Commission without further appropriation as provided in MGL c. 44, § 53G. Expenditures from this account shall be made only in connection with a specific project or projects for which a consultant fee has been collected from the applicant. Expenditures of accrued interest may also be made for these purposes.
C. 
Consultant services. Specific consultant services may include but are not limited to resource area survey and delineation, analysis of resource area values, hydrogeologic and drainage analysis, impacts on municipal conservation lands, and environmental or land use law. Services may also include on-site monitoring during construction, or other services related to the project deemed necessary by the Commission. The consultant shall be chosen by, and report only to, the Commission and/or its administrator.
D. 
Notice. The Conservation Commission shall give written notice to the applicant of the selection of an outside consultant. Such notice shall state the identity of the consultant, the amount of the fee to be charged to the applicant, and a request for payment of said fee in its entirety. Such notice shall be deemed to have been given on the date it is mailed or delivered. No such costs or expenses shall be incurred by the applicant if the application or request is withdrawn within five days of the date notice is given.
E. 
Payment of fee. The fee must be received prior to the initiation of consulting services. The Commission may request additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new information requires additional consultant services. Failure by the applicant to pay the consultant fee specified by the Commission within ten (10) business days of the request for payment, or refusal of payment, shall be cause for the Commission to deny the application based on lack of sufficient information to evaluate whether the project meets applicable performance standards in 310 CMR 10.00 and the Town of Orleans Wetland Bylaw or its regulations. An appeal stops the clock on the above deadline; the countdown resumes on the first business day after the appeal is either denied or upheld. A denial for lack of information may be based solely on the lack of the third party consultant review identified as necessary by the Commission. The Commission shall specify in its denial the nature of the information lacking which its chosen consultant would provide, e.g. the questions it needs answered.
F. 
Appeals. The applicant may appeal the selection of the outside consultant to the Orleans Board of Selectmen, who may only disqualify the outside consultant selected on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree or three or more years of practice in the field at issue or a related field. Such an appeal must be in writing and received by the Orleans Board of Selectmen and a copy received by the Conservation Commission, so as to be received within ten (10) days of the date consultant fees were requested by the Conservation Commission. The required time limits for action upon the application shall be extended by the duration of the administrative appeal.
G. 
Return of unspent fees. When the Commission's review of a project is completed and an order of conditions issued, any balance in the special account attributable to that project shall be returned within 30 days. The excess amount, including interest, shall be repaid to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Commission with appropriate documentation. A final report of said account shall be made available to the applicant or applicant's successor in interest.