The following definitions shall apply in the interpretation and implementation
of this bylaw:
AGRICULTURE
Shall refer to the definition as provided by MGL c. 128,
§ 1A.
ALTER
Includes, without limitation, the following activities when
undertaken to, upon, within or affecting resource areas protected
by this bylaw:
(1)
Removal, excavation, or dredging of soil, sand, gravel, or aggregate
materials of any kind.
(2)
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns, or flood
retention characteristics.
(3)
Drainage or other disturbance of water level or water table.
(4)
Dumping, discharging, or filling with any material which may
degrade water quality.
(5)
Placing of fill, or removal of material, which would alter elevation.
(6)
Driving of piles, erection, expansion or repair of buildings,
or structures of any kind.
(7)
Placing of obstructions or objects in water.
(8)
Destruction of plant life including cutting or trimming of trees
and shrubs.
(9)
Changing temperature, biochemical oxygen demand, or other physical,
biological, or chemical characteristics of any waters.
(10)
Any activities, changes, or work which may cause or tend to
contribute to pollution of any body of water or groundwater.
(11)
Incremental activities which have, or may have, a cumulative
adverse impact on the resource areas protected by this bylaw.
BANK
Includes the land area which normally abuts and confines
a water body; the lower boundary being the mean annual low flow level,
and the upper boundary being the first observable break in the slope
or the mean annual flood level, whichever is higher.
PERSON
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth or political subdivision thereof to the extent subject
to Town bylaws, administrative agency, public or quasi-public corporation
or body, this municipality, and any other legal entity, its legal
representatives, agents, or assigns.
PLANS
Such data, maps, engineering drawings, calculations, specifications,
schedules and other materials, if any, deemed necessary by the Commission
to describe the site and the activity, to determine the applicability
of the bylaw or to determine the impact of the proposal upon the interests
identified in the bylaw. It is the responsibility of the applicant
to ensure that the plans accurately depict all wetland resource areas.
POND
Shall follow the definition of 310 CMR 10.04, except that
the size threshold of 5,000 square feet will apply.
RARE SPECIES
Includes, without limitation, all vertebrate and invertebrate
animals and all plant species listed as endangered, threatened, or
of special concern by the Massachusetts Division of Fisheries and
Wildlife, regardless whether the site in which they occur has been
previously identified by the Division.
VERNAL POOL
Includes, in addition to scientific definitions found in
the regulations under the Wetlands Protection Act, any confined basin
or depression not occurring in existing lawns, gardens, landscaped
areas or driveways which, at least in most years, holds water for
a minimum of two continuous months during the spring and/or summer,
contains at least 200 cubic feet of water at some time during most
years, is free of adult predatory fish populations, and provides essential
breeding and rearing habitat functions for amphibian, reptile or other
vernal pool community species, regardless of whether the site has
been certified by the Massachusetts Division of Fisheries and Wildlife.
The boundary of the resource area for vernal pools will be 100 feet
outward from the mean annual high-water line defining the depression,
but will not include existing lawns, gardens, landscaped or developed
areas.