As part of a permit issued pursuant to the ordinance, the Commission shall impose such conditions as are necessary to protect the values of wetland resource areas under its jurisdiction. If the Commission deems that the interests stated in the ordinance are not adequately protected under the terms of the applicant's proposal, the Commission may refuse to issue a permit. When the Commission votes to deny a permit, it shall issue a written decision supported by facts and findings explaining why the project has been denied and, as related to notices of intent, why the project may not be properly conditioned to meet the interests of the Act and the ordinance. The applicant shall have the burden of proof by a preponderance of credible evidence as to any issue before the Commission, as provided in § 565-6.
The Commission may issue an extension permit for up to a period
of one year, provided that a written request for an extension is filed
at least 30 days prior to the expiration date of the order of conditions.
The Commission may grant only two extension permits for an individual
order of conditions. Extension permit requests must also meet all
of the following conditions at the time of the written request:
A.
No request for an extension permit will be granted unless the wetland
is either reflagged by a qualified wetland biologist or the original
approved flagging is reestablished in the field by survey. The wetland
delineation shall be verified by the Commission and/or its designated
agent. The Commission may require a new filing, or the reopening of
the public hearing, if the wetland delineation has changed from the
original submittal.
B.
No request for an extension permit will be reviewed until the necessary
filing fee is received by the Commission.
C.
No request for an extension permit will be granted for an expired
order of conditions.
D.
At the time of the request for an extension permit, the project must
be in compliance with the order of conditions and other permit requirements.
A.
Minor modifications, amendments and revocation generally.
(1)
The Commission may modify, amend or revoke an order of conditions
on its own initiative.
(2)
The Commission may, upon the petition of the applicant, modify or amend an order of conditions issued under the ordinance and these regulations. The Commission shall first determine whether a proposed modification constitutes a "minor modification" or an "amendment" and then proceed in accordance with Subsections B and C, below.
(3)
In connection with a minor modification or an amendment review process,
the Commission may require that the wetland resource areas be reflagged
by a qualified wetland scientist or that the original flagging be
reestablished in the field by professional survey. The Commission
may require a new filing or the reopening of the public hearing if
the wetland delineation has changed since the order of conditions
was issued, even in connection with requests for a minor modification.
(4)
If the scope or purpose of the proposed project has changed substantially
or the wetland interests identified in the Act and ordinance are not
protected, the Commission shall require the applicant to file a new
notice of intent.
(5)
Filing requirements. The requirements of § 565-18 shall apply to an application for a minor modification or amendment to an order of conditions or order of resource area delineation to the extent relevant to the minor modification or amendment application as determined by the Commission. Applicants are encouraged to review the proposal and application requirements with the Conservation Administrator prior to filing with the Commission.
B.
Minor modification.
(1)
A minor modification is a project change that will not result in
an adverse impact to wetland resource area(s) and/or the interests
protected under the Act and/or the ordinance and that the Commission
otherwise deems not to be of sufficient magnitude in its nature, scope
or impact to warrant a public hearing.
(2)
No public hearing is required for a minor modification to an order
of conditions. However, the applicant must submit a written request
fully explaining the proposed change. The applicant has the burden
of proving that a proposed modification is a minor modification and
that the proposed modification warrants approval.
C.
Amendment.
(1)
An Amendment, after a public hearing, is required when a change in
a permitted project is proposed that the Commission deems of sufficient
magnitude, in its nature, scope or impact, to potentially warrant
the imposition of additional conditions or to otherwise warrant a
public hearing. If the scope or purpose of the proposed project has
changed substantially or the wetland interests identified in the Act
and ordinance are not protected, the Commission shall require the
applicant to file a new notice of intent.
D.
Revocation.
(1)
The Commission may revoke an order of conditions issued under the
ordinance and these regulations if any of the following circumstances
occur:
(a)
The applicant and/or his/her successors fail to comply with
the terms of the order; or
(b)
New information relating to the project is obtained which indicates
that previous information presented to Commission was inaccurate;
or
(c)
The project changes substantially after the completion of the
Commission's review.
(2)
Prior to revoking an order of conditions, the Commission shall first
notify the applicant through certified mail or hand delivery and shall
hold a public hearing.
A.
Upon completion of the project, the applicant shall request in writing
from the Commission a certificate of compliance [see also 310 CMR
10.05(9)]. As-built plans may also be required as noted in the order
of conditions issued on the project. All as-built plans must be at
the same scale as the plans submitted with the notice of intent. The
applicant or his/her representative shall attend the scheduled meeting
to answer any questions the Commission may have. If the Commission
determines that the requirements of the order have not been met the
request for a certificate of compliance will be denied. The reasons
for the denial shall be forwarded to the applicant within 21 days
of the receipt of the request. The Commission may specify on the certificate
of compliance that certain conditions of the order of conditions are
imposed perpetually and do not expire with the issuance of the certificate
of compliance. The person to whom the certificate is issued shall
forthwith record it in the Southern Essex Registry of Deeds or Land
Court in the chain of title of the affected property and shall notify
the Commission, in writing, that said recording has occurred, by sending
a copy of the stamped recorded instrument to the Commission.
B.
The following additional requirements must be satisfied in order
to receive a certificate of compliance:
(1)
A certificate of compliance can be granted for an expired order of
conditions.
(2)
When granted, a certificate of compliance will be issued to either
the original applicant or the current landowner.
(3)
The following information must be submitted to the Commission in
writing, in addition to the requirements of the order of conditions,
when requesting a certificate of compliance:
(a)
The name and address of the current landowner.
(b)
The name and address of the individual/trust or corporation
to whom or which the certificate is to be granted.
(c)
The street address and lot number for the project.
(d)
The DEP file number.
(e)
A statement certifying compliance with the order of conditions
and the approved plan.
(4)
The person certifying compliance with the order of conditions must
have inspected the site, read the order of conditions and all referenced
documents, and reviewed the contents of the Commission's files
on the project. Depending on the scope and complexity of the project,
the Commission may require a certified professional engineer or land
surveyor to certify compliance.
C.
The Commission may withhold the issuance of a certificate of compliance
if the project in question is part of (or related to) another project
which is not currently in compliance.
