As part of a permit issued under this ordinance, in addition
to any security required by any other municipal or state board, agency,
or official, the Conservation Commission may require that the performance
and observance of the conditions imposed thereunder (including conditions
requiring mitigation work) be secured wholly or in part by one (1)
or both of the methods described below:
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,
to be released in whole or in part upon issuance of a COC for work
performed pursuant to the permit.
B. By accepting 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
whereby the permit conditions shall be performed and observed before
any lot may be conveyed other than by mortgage deed. This method shall
be used only with the consent of the applicant.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the permit application will not have unacceptable significant or
cumulative effect upon the resource area values protected by this
ordinance. Failure to provide adequate evidence to the Conservation
Commission supporting this burden shall be sufficient cause for the
Commission to deny a permit or grant a permit with conditions.
A decision of the Conservation Commission shall be reviewable
in the superior court in accordance with MGL c. 249, § 4.
This ordinance 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
(310 CMR 10.00) thereunder. It is the intention of this ordinance
that the purposes, jurisdiction, authority, exemptions, regulations,
specifications, standards, and other requirements shall be interpreted
and administered as stricter than those under the Wetlands Protection
Act and regulations.