A. 
The performance standards for wetland resource areas have been created to ensure that the interests of the Act and the ordinance are adequately protected. The Commission recognizes that, in certain situations, a waiver of certain performance standards may be appropriate for a particular project when the waiver is consistent with the intent and purpose of the ordinance and these regulations.
B. 
The applicant shall have the burden of proof with respect to any waiver requests, as described in § 565-6.
C. 
The Commission shall act on the request for a waiver and shall provide to the applicant, either by certified mail or hand delivery, its written decision. The following section describes the standards for waivers and associated mitigation measures.
The Commission may grant a waiver or partial waiver of the 100-foot no-disturbance zone for vernal pools performance standard and impose such additional or substituted mitigation requirements as it determines are warranted or necessary, based on the applicant's presentation of evidence sufficient to demonstrate, by a preponderance of credible evidence, that:
A. 
No alternative. There are no feasible or practicable alternatives that would allow the project to proceed in full compliance with the applicable performance standards; and
B. 
Impacts minimized and mitigated. Any adverse effects on any protected interests are minimized, by carefully considered and environmentally sensitive project design, and appropriately mitigated to offset any impacts such that the project will, including mitigation measures, protect the interests identified in the ordinance. The Commission shall require such mitigation measures as it determines necessary to offset impacts to the 100-foot no-disturbance zone. For example, the Commission may require the permanent preservation of additional upland areas to compensate for the requested alterations, improvements to previously damaged areas on-site, invasive plant eradication, or monetary or other improvements to other, off-site public areas that would improve wetland resources elsewhere in Beverly.
The Commission may grant a waiver or partial waiver of the 25-foot no-disturbance zone or 50-foot no-build zone performance standards and impose such additional or substituted mitigation requirements as it determines are warranted or necessary, based on the applicant's presentation of evidence sufficient to demonstrate, by a preponderance of credible evidence, that:
A. 
No alternative. There are no feasible or practicable alternatives that would allow the project to proceed in full compliance with the 25-foot no-disturbance zone or 50-foot no-build zone performance standards; and
B. 
Impacts minimized and mitigated. Any alteration to the 25-foot no-disturbance zone or 50-foot no-build zone is 1) minimized, by carefully considered and environmentally sensitive project design and consideration of reasonably available alternatives, and 2) appropriately mitigated. The Commission shall require such mitigation measures as it determines necessary to offset impacts to the 25-foot no-disturbance zone or 50-foot no-build zone. For example, the Commission may require the permanent preservation of additional upland land to compensate for the requested alterations, improvements to previously damaged areas on-site, invasive plant eradication, or monetary or other improvements to other, off-site public areas that would improve wetland resources elsewhere in Beverly; and
C. 
No adverse impacts to adjacent resource area. The project, or its natural and consequential effects, will have no adverse impacts on the interests or values of the adjacent wetland resource area.
A. 
Waiver standards. The Commission may, in its discretion, grant a partial waiver of the performance standards for work within wetland resource areas to allow the alteration or temporary surface disturbance of up to a cumulative total no greater than 5,000 square feet of wetland resource area and impose such additional or substituted mitigation requirements as it determines are warranted or necessary, based on the applicant's presentation of evidence sufficient to demonstrate, by a preponderance of credible evidence, that:
(1) 
No alternative. There are no feasible or practicable alternatives that would allow the project to proceed in full compliance with the applicable performance standard; and
(2) 
Impacts minimized and mitigated. Any adverse effects on any protected interests are a) minimized, by carefully considered and environmentally sensitive project design and consideration of reasonably available alternatives, and b) appropriately mitigated to offset any impacts such that the project will, including mitigation measures, protect the interests identified in the ordinance. The Commission shall require such mitigation measures as it determines necessary to offset impacts to the resource area(s). For example, the Commission may require the permanent preservation of additional upland land to compensate for the requested alterations, improvements to previously damaged areas on-site, invasive plant eradication, or monetary or other improvements to other, off-site public areas that would improve wetland resources elsewhere in Beverly.
B. 
Replication areas. The Commission strongly discourages any plan that requires as mitigation resource replication as scientific reviews conclude that for the most part replications fail to reproduce the range of values, in quantity and quality, of the wetlands they ostensibly replace. However, there may be situations in which replication is appropriate to protect the interests of the ordinance. The Commission may, in its discretion, credit resource replication when altered areas are replaced or restored according to the following criteria:
(1) 
Wetlands replication must be at least a 2:1 ratio (replicated wetland to altered wetland).
(2) 
Replicated wetlands shall be made contiguous or hydrologically connected to existing wetlands unless the applicant is able to demonstrate that another location (adjacent to other resource areas) would have a greater ability to protect the interests of the Act and the ordinance.
(3) 
Replicated areas must be constructed prior to other construction activity on site. The applicant shall have the burden of proving where this requirement may not be appropriate to the interests of the Act and the ordinance in certain instances.
(4) 
Wetland soils from the altered wetland shall be excavated and kept intact to the greatest extent possible and used for the replicated wetland when these soils are suitable for such purpose.
(5) 
A combination of natural reseeding, transplanting, and new plantings shall be used to reestablish a vegetational community and structural diversity similar to the disturbed area.
(6) 
At least 75% of the surface area of the replicated area must be established with native wetland plant species within two growing seasons. If this condition is not met, the applicant must propose and implement corrective steps to be approved by the Commission.
(7) 
Colonization of invasive species must be documented and controlled. Evidence of the spread of invasive species within a replication area shall require the development and implementation of a management/control plan.
(8) 
A qualified wetland scientist chosen by the Commission and hired at the applicant's expense shall monitor replicated wetlands and submit written reports to the Commission at least twice per year (May and October unless otherwise required by the Commission).
(9) 
An "interim as-built plan" complete with one foot contours, spot elevations, surface area and cross sections of the replication area shall be prepared by a registered professional land surveyor and submitted to the Commission within 30 days of completion of final grading of the replication area.
(10) 
Any replication or restoration work that creates a resource area on abutting properties shall require an easement from the abutting property owner covering the full extension of the resource area on that property prior to commencement of the work.
A. 
Roadways. The Commission may, in its discretion, grant a waiver from these regulations for the construction and maintenance of a new roadway or driveway of minimum legal and practical width consistent with the Planning Board dimensional requirements or any waivers granted by the Planning Board for reduced dimensions to provide a single means of access from an existing public or private way to an upland area of the same owner, where no such means of access would otherwise be available or would have been available across other land formerly held in common ownership with such upland area. The applicant is still bound by the maximum alteration limit of 5,000 square feet as described in § 565-15A, above. Replication of altered wetland resource areas, as described in the preceding section, shall be required by the Commission to minimize and mitigate adverse impacts and to protect the interests defined in the ordinance.
B. 
Prohibited wetland alterations. Wetland alterations intended to make lands buildable, as by fulfilling septic system setback requirements, flood elevation requirements, or other minimum construction setback requirements, or to achieve minimum lot area requirements, are prohibited. Wetland alterations required to access upland parcels will not be allowed if that landowner, or a preceding owner, landlocked the parcel by selling upland access.
C. 
Wildlife habitat evaluation. Where alterations exceed the maximum allowable thresholds described in the state regulations, 310 CMR 10.00, for bank, bordering vegetated wetland, land under a water body, bordering land subject to flooding or riverfront area, or where the alteration of a habitat of rare species is involved, or where vernal pool or the associated 100-foot no-disturbance zone would be altered, a wildlife habitat evaluation shall be performed in accordance with 310 CMR 10.60. The Commission may also require a wildlife habitat evaluation to be conducted when the applicant proposes alterations to any wetland resource area that the Commission determines to be of exceptional value to the wildlife habitat interests of the ordinance.
D. 
Upland habitat. In siting proposed wetland replication areas, mature vegetated upland habitat shall be preserved to the fullest extent possible.
E. 
Planning Board waivers. The Commission may require the applicant to file a request for a waiver of certain Planning Board requirements in order to minimize resource area impacts (for example, waivers of pavement width requirements).