A.
These rules and regulations (hereinafter referred to as the Regulations) are promulgated by the Town of Swansea Conservation Commission (hereinafter referred to as the Commission) pursuant to the authority granted to it under § 256-8 of the Swansea Wetlands Protection Bylaw (hereinafter referred to as the Bylaw).[1] These regulations shall compliment[2] the Bylaw. They shall be used to enforce and implement
the Bylaw and shall have the same force of law upon their effective
date.
B.
These regulations should be read together with the Bylaw, which has
many important provisions not repeated in these regulations. These
regulations supersede all existing rules and practices previously
applicable to procedures and proceedings before the Commissions.
A.
The Bylaw sets forth a public review and decision making process
by which activities having an impact or cumulative effect upon Areas
Subject to Protection under the Bylaw are to be regulated in order
to ensure the protection of wetlands interests, functions and values,
including, but not limited to:
B.
The purpose of these Regulations is to create a uniformity of process
and to clarify and define the provisions of the Bylaw by which the
Commission shall carry out its responsibilities. Both the bylaw and
these regulations may be amended when necessary.
C.
In instances where these Regulations are more stringent than 310
CMR 10.00, these local Regulations shall prevail (see 310 CMR 10.01(2)).
A.
Resource Areas Subject to Protection Under the Bylaw
(1)
Any freshwater wetland
Any coastal wetland
Any freshwater marsh
Any coastal marsh
Any wetland meadow
Any bog
Any swamp
Any bank
Any beach
Any dune
Any flat
Any vegetated or un-vegetated wetland
(2)
Any lake
Any pond
Any river, perennial or non-perennial
Any stream
Any creek
Any estuary
Or the ocean or bay
(4)
Any land subject to flooding or inundation by:
Groundwater
Surface water
Tidal action
Coastal action
Or coastal storm flowage
B.
Activities Subject to Regulation Under the Bylaw
(1)
Any activity proposed or undertaken which will constitute removing, filling, dredging, or altering any area specified in Subsection A above is subject to regulations under this Bylaw;
(2)
Any activity proposed or undertaken within 100 feet of an area specified in Subsection A above, hereinafter referred to as the Buffer Zone, is subject to regulations under this Bylaw.
(3)
Any activity proposed or undertaken within 200 feet of the mean
high water mark of a perennial river or stream hereinafter referred
to as the Riverfront Area under the Act is subject to regulation under
this Bylaw.
The applicant shall have the burden of proof by clear and convincing
evidence that the work proposed in an application, i.e. Notice of
Intent, Request for Determination or Request for Preliminary Review,
shall not have unacceptable significant cumulative or harmful effects
upon the wetland values protected under the Bylaw. Failure to provide
sufficient evidence to the Commission shall be sufficient cause for
the Commission to deny the application along with any work or activity
proposed therein.
Any area which extends 100 feet horizontally from any boundary
of a resource area. The entire 100-foot buffer zone is protected under
the Bylaw.
A flooding event that statistically has a 1/100 (0.01) chance
of occurring in any given year.
The estimated maximum lateral extent of flood water which
will theoretically result from the statistical 100-year frequency
storm.
A rainfall event that statistically has a 1/100 (0.01) probability
that it will occur in any given year.
In accordance with the Act, 310 CMR 10.58, i.e. the 200-foot
area extending horizontally from the mean annual high water line of
a perennial river or stream.
The owner of land in accordance with the most recent records
of the Swansea Tax Assessor's Office. The abutters' properties
are within 100 feet in any horizontal direction of any boundary of
the site, which is listed in the permit. This includes by land, sea
or traveled way.
Massachusetts Wetlands Protection Act, MGL c. 131, § 40.
Any form of removing, filling, grading, dredging, building
upon, expansion, reconstruction, altering, changing, enlarging, draining,
withdrawing, damming, discharging, excavation, driving of pilings,
construction, improvement, intercepting and/or diverging of water,
installations of pipes or drainage systems, discharging of pollutants,
destruction or cutting of plant life (including, but not limited to
trees), and any change to the physical characteristics of land or
the physical or chemical characteristics of water. These activities
shall apply to land, sea, traveled way, buildings and/or structures
on/in or within 100 feet of any jurisdictional area as stated in the
Bylaw or under the Act 200 feet from any Riverfront Area.
Non-wetland areas, immediately adjacent to, and extending
in a horizontal direction from any wetland buffer zone, the activities
on which are having or may have a significant or cumulative effect
upon wetland values.
Verbal and/or written directives by the Commission for the
purpose of enforcing and/or administering the Bylaw, its regulations
and permits issued thereunder.
The visual appearance or quality of jurisdictional areas
accessible to the public including visual linkage for the public with
scenic vistas.
A form completed by the Applicant certifying to the Commission
that proper notification to abutters was duly served.
Land which has been used continually for at least the past
five years primarily in the raising (housing/feeding) of animals including,
but not limited to, dairy cattle, beef cattle, poultry, sheep, swine,
horses, ponies, mules, goats, bees and fur bearing animals and the
land incidental thereto which represents a customary and necessary
use in raising such animals. Land which has been used continually
for at least the past five years primarily in the raising of fruits,
vegetables, berries, nuts, and other foods for human consumption,
feed for animals, tobacco, flowers, sod, trees, nursery or greenhouse
products, and ornamental plants and shrubs; forest products under
an approved, planned program to improve the quality and quantity of
a continuous crop; land which is used primarily in the related manner
which is incidental thereto and represents a customary and necessary
use in raising such products.
The term "alter" includes, but is not limited to, the following
activities when undertaken, upon, within or affecting resource areas
protected by this Bylaw:
Removal, excavation or dredging of soil, gravel, sand, clay,
minerals, or aggregate materials of any kind
Changing of existing drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns, or flood
retention characteristics
Drainage or other disturbance of water level or water table;
Dumping, discharging or filling with any material which may
degrade water quality
Placing of fill, or removal of material, which would alter elevation
Driving of piles, construction, erection, repair or demolition
of building(s) or structure(s) of any kind
Placing of obstructions or objects in water
Destruction of plant life including cutting of trees, shrubs,
or non-woody vegetation
Changing water temperature, biochemical oxygen demand, or other
physical or chemical characteristics of water
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
Under the Bylaw, a person has the right to appeal the Commission's
decision on a Determination of Applicability or Order of Conditions
to Superior Court under MGL c. 249, § 4 or as otherwise
provided by law provided notice of the appeal is made to the Commission
and/or the applicant within 10 days from the date the Determination
of Applicability and Order of Conditions is issued. A Determination
of Applicability and Order of Conditions shall be appealed under the
Act to the Department of Environmental Protection according to 310
CMR 10.00 et seq.
The person who signs the Notice of Intent, Request for Determination
or Request for Preliminary Review.
See Notice of Intent, Request for Determination or Request
for Preliminary Review.
The document(s) (see definition of plan), which have been accepted and/or approved by the Commission and meet the burden of proof criteria as set forth in the Bylaw, Regulations and/or Act and are listed in the Order of Conditions, Determination of Applicability or Request for Preliminary Review. See Article IV for data required on engineered plans.
Freshwater wetland, coastal wetland, marsh, wet meadow, bog,
swamp, bank, beach, dune or flat, lake, river, pond, stream, estuary,
ocean; land under said waters, river, pond, ocean, bay, estuary, lake;
land subject to flooding or inundation by groundwater, surface water,
tidal action or coastal storm flowage; and land horizontally within
100 feet of said areas; and may include adjoining land areas, and,
under the Act, the areas 200 feet from a perennial river or stream.
A plan which has been signed and stamped by a professional engineer certifying the post-development conditions on a site. See Article IV for data required.
The seaward face or side of any elevated land form, other
than a coastal dune, which lies at the landward edge of a coastal
beach, land subject to tidal action or storm flooding, or other wetland.
Any minor discontinuity of the slope notwithstanding, the top of the
bank shall be the top of the face of the bank or the break in slope
above the relevant 100-year flood plain elevation. A bank may be partially
or totally vegetated or it may be comprised of exposed soil, gravel,
stone or sand. A bank may be naturally occurring, created in part
or entirely by man and/or made of man-made materials. The 100-year
flood plain elevations shall be taken from the Flood Insurance Rate
Maps and the Flood Boundary and Floodway Maps as amended and defined
by the Federal Emergency Management Act and designated as Zone A,
A1-A30, V1-V30 and Zone B, for the Town of Swansea, Massachusetts.
Notwithstanding the above, in some cases an onsite inspection may
be necessary in order to determine the actual top of the bank. Coastal
banks are likely to be significant to wildlife, habitat, storm damage
prevention and flood control.
The portion of land surface which abuts and confines a water
body. A bank may be partially or totally vegetated or it may be comprised
of exposed soil, gravel, stone, sand or man-made materials, and/or
created by man. The physical characteristics of a bank as well as
its location are critical to the protection of wetland interests.
The upper boundary of a bank is the first observable break in the
slope above the one-year flood level, as defined by the FEMA Flood
Maps, described above, as calculated by an engineer or as determined
by the Commission. The lower boundary of a bank is the water body.
A bank may be created by man and/or man-made materials. An unvegetated
inland bank is synonymous with an inland beach. Notwithstanding the
above, in some cases an onsite inspection may be necessary in order
to determine the actual top of the bank.
Unconsolidated sediment subject to wave, tidal or coastal
storm action which forms the gently sloping shore of a body of salt
water, including land which is separated from other land by a body
of water or a marsh system, i.e. tidal flats. Beaches extend from
the mean low-water line landward to the dune line, coastal bank line
or the seaward edge of existing man-made structures, when these structures
replace one of the above lines, whichever is closest to the ocean.
Unconsolidated sediment subject to wave, wind, ice or storm
action which forms the gently sloping shore of a body of fresh water.
Beaches extend from the mean high water line landward to the inland
bank line or the fresh waterbody edge of existing man-made structures,
whichever is closest to the waterbody. An inland beach is synonymous
with unvegetated inland bank.
Touching at any point.
Freshwater wetlands, which border on creeks, rivers, streams,
ponds and lakes. Types of freshwater wetlands include wet meadows,
marshes, swamps, and bogs. BVW are areas where the soils are saturated
and/or inundated such that they support a predominance of wetland
indicator plants. The ground and surface water regime and the vegetative
community which accrue in each type of freshwater wetlands are specified
in MGL c. 131, § 40.
The boundary of the Area Subject to Protection under the
Bylaw.
The area of land extending 100 feet horizontally outward
from the boundary of any wetland or resource area or under the Act
or 200 feet from a perennial river or stream.
The Town of Swansea Wetlands Protection Bylaw.[1]
A signed, written document issued by the Commission which
certifies that all or part of the work requested in the Notice of
Intent has been satisfactorily completed in accordance with the conditions
stated in the Order of Conditions. Some Conditions shall continue
for a specified period of time or in perpetuity.
Any bank, beach, dune, estuary, marsh, swamp, meadow, flat
or other lowland which is subject to tidal action or coastal storm
flowage.
The requirements set forth in writing in a Request for Preliminary
Review, Order of Conditions or Determination of Applicability issued
by the Commission for the purpose of permitting, regulating, controlling
or prohibiting any activity.
All or part of the members lawfully appointed to the Swansea
Conservation[2] or their agent, employees or designee. For voting purposes,
this term shall mean a majority of the lawfully appointed regular
members of the Swansea Conservation Commission present at a hearing
and voting on an issue in accordance with Robert's Rules of Order.
The same definition as pollution.
The same definition as a stream.
Increasing in effect, size, quantity, etc., by successive
additions; increasing in severity by repetition of activity or by
other various activities affecting the interests protected under the
Bylaw. The Commission may require a plan showing the completed project
and/or changes to the resource area(s) to determine the cumulative
effect upon the resource area(s) by a project.
The date an Order of Conditions, Determination of Applicability
is mailed as evidenced by the postmark or the date it is hand delivered.
The date a Request for Preliminary Review is signed by the Commission.
The date of delivery to an office or usual place of business
by mail or hand delivery.
The Massachusetts Department of Environmental Protection
(DEP), formerly known as the Department of Environmental Quality Engineering
(DEQE).
A completed signed document issued by a majority of the Commission
in response to a Request for Determination of Applicability after
holding a public hearing(s). The document shall state if the area
or proposed work is subject to protection under the Act and/or Bylaw.
To deepen, widen or excavate either temporarily or permanently.
Any natural hill, mound or ridge of sediment landward of
a coastal beach deposited by wind action or storm overwash. Coastal
dune also means sediment deposited by artificial means and serving
the purpose of storm damage prevention or flood control.
Any species which is in danger of extinction throughout all
or a significant portion of its range. For the purposes of these Regulations,
it is those animal species listed as endangered, threatened or of
special concern by the Massachusetts Natural Heritage Program. See
also rare animal species.
Any species which is in danger of extinction throughout all
or a significant portion of its range. For the purposes of these Regulations,
those plant species listed as endangered, threatened or of special
concern by the Massachusetts Natural Heritage Program. See also rare
plant species.
A written document issued by the Commission and/or DEP for
work or activity within a jurisdictional area which has not been approved
by either the Commission or DEP.
A means or method to prevent or reduce the detachment or
movement of soil or rock fragments by water, wind, ice, and/or gravity.
Lawfully begun or completed prior to the date of the plan
or prior to any activity on the site.
Period when precipitation for the previous four months was
below normal for the period of record, with at least three of the
four months 75% or less and two of the four months 50% or less of
normal precipitation.
A written extension of time within which the authorized activity
shall be completed, as permitted by Section VIII N of the Bylaw. The
Commission may, in an appropriate case, combine this extension with
the extension permit issued under MGL c. 131, § 40.
To deposit or cause any material in order to raise an elevation
temporarily or permanently.
An area for catching, taking, breeding, of all freshwater
and saltwater finfish and shellfish including the nutrient sources
and the habitat in which they live during all or part of their life
cycle.
The demarcation of the wetland indicated by markers appropriate
in surveying.
Any nearly level part of a coastal beach which usually extends
from the mean low water line landward to the more steeply sloping
face of a coastal beach or which may be separated from the beach by
land under the ocean.
The prevention or reduction of flooding and flood damage.
Any land susceptible to inundation by flood flowage or land
subject to flooding.
A formal plan approved by the Massachusetts Service Forester
and the Swansea Conservation Commission under a Notice of Intent.
No forestry is allowed for home use under the Bylaw.
A bordering vegetated wetland, examples are wet meadows,
marshes, swamps and bogs. Areas where the topography is low and flat
and the soils are saturated.
Water below the earth's surface in the zone of saturation.
A link between two wetlands which consists of water, whether
stationary, moving or intermittent and which provides a direct exchange
of surface, surface groundwater or sub-surface groundwater. The connection
may be through man-made structures.
The process of determining the effects of water through its
pattern or directional flow, quality or quantity, recharge or discharge,
and/or temperature, as pertaining to surface or subsurface water.
The wetland and riverine values either singularly or collectively as listed in § 256-1 of the Bylaw.
The Swansea Conservation Commission.
An open body of fresh water with a surface area of 10 acres
or more which includes great ponds.
Any area of land which may or has been inundated with water
which was caused by a coastal storm(s) up to and including the 100-year
storm event, surge or storm of record, whichever is greater. The lateral
extent of the boundary shall be determined by the extent it has standing
water as a result of the 100-year storm event.
Any land which borders a wetland or any depression or basin
which on the average at least once every five years contains standing
water over an area of at least 1,000 square feet.
Any land which is under an ocean, lake, pond, river, stream
or creek.
A list prepared by the Applicant of abutters' names,
street, house # and/or map and lot numbers. (See Abutter)
In terms of a quorum, more than half the members of the lawfully
appointed Swansea Conservation Commission. In terms of voting, more
than half the members of the lawfully appointed Swansea Conservation
Commission who are present at a meeting and voting. An abstention
vote is not considered voting.
An area where the vegetative community exists in standing
or running water during the growing season and where a significant
part of the vegetative community is composed of, but not limited to
or necessarily including all of the following species: arums, bladder
worts, bur reeds, button rush, cattails, duck weeds, eelgrass, frog
bits, horsetails, hydrophilic grasses, leatherleaf, pickerel weeds,
rushes, sedges, smartweeds, sweet gale, water milfoil, water lilies,
water startworts, water willow, common reed.
Massachusetts Environmental Policy Act, MGL c. 30, §§ 62-62H
and the regulations promulgated thereto, 310 CMR 10.00 et seq.
The signed completed form duly delivered to the Department
and Commission by an applicant requesting permission to do work on
or in an area which is subject to protection under the Act and Bylaw.
A form completed by the Applicant and delivered to abutters
by either certified mail or hand delivery (obtaining a signed receipt)
notifying abutters of the date, time and place of the public hearing
and information concerning the application.
A review of a project or its location in the field by members
of the Commission or the agent of the Commission.
The formal document issued and signed by a majority of the
Commission in response to a Notice of Intent which permits, controls,
regulates, prohibits or denies a project within an area subject to
protection under the Act and Bylaw.
A river, stream or brook which flows throughout the year
except for periods of extended drought. Rivers, streams and brooks
which are perennial under natural conditions but affected by drawdown
from withdrawals of water supply wells or direct withdrawals or by
man-made structures such as dams shall be considered perennial.
See Order of Conditions, Determination of Applicability,
Request for Preliminary Review, Certificate of Compliance or Extension
Permit.
To propose the construction of a section or portion of a
roadway and/or subdivision.
Any data, maps, engineered drawings, surveys, narratives, calculations, specifications, schedules, or hydrological, historical, endangered species or habitat studies and any other materials deemed necessary by the Commission or submitted by the applicant or another party which describes the site and/or work in order to enable the Commission to determine the applicability of the Act and/or Bylaw or to determine the impact of the proposed work upon the interests identified in the Act and/or Bylaw. See also definitions for Approved Plans, As-Built Plans, and Article IV for the data required on plans.
Contamination of land, surface or groundwater with materials
not normally present or with elevated levels of naturally occurring
materials, including a change in the physical or chemical characteristics
of the same. See also Contamination.
Any open body of fresh water or saltwater either naturally
occurring or man-made by impoundment. Basins or lagoons, which are
part of a wastewater treatment plant or water treatment plant, swimming
pools or other impervious man-made retention/detention basins, shall
not be considered ponds.
To stop or reduce contamination of land, ground water or
surface water.
Any source or volume of surface or ground water shown to
be used or have the potential for use by an individual, organization
or group which includes water used for agricultural purposes. See
also the definition of Public Water Supply.
To protect the capacity of any area subject to protection
under the Bylaw which serves as a habitat or nutrient source for fish
or aquatic animals by preventing or reducing contamination or damage
to fisheries.
To protect plant or animal species listed as endangered,
threatened or of special concern and to protect the ability of any
resource area to provide food, breeding grounds, habitat, and/or escape
cover to those species.
Something of benefit to the health, welfare or safety of
the Swansea community at large as opposed to one individual, organization
or applicant.
Any source or volume of surface or ground water demonstrated
to be in public use for drinking water or fire protection or approved
for water supply pursuant to MGL c. 111, § 160 by the Division
of Water Supply of the DEP or demonstrated to the Commission's
satisfaction to have a potential for public use as a drinking water
supply or for fire protection.
To take away any type of material including, but not limited
to soil, vegetation and/or water or thereby changing an elevation
either temporarily or permanently.
A written, signed, completed request made by an applicant
to the Commission and Department asking for permission to do work
in a specified area. The Commission indicates on the form if the area
is subject to protection under the Act or Bylaw.
A written completed form made by an applicant to the Commission
indicating the location, map, lot and type of work which is proposed
and requesting a preliminary determination as to whether the work
or the area are within the jurisdiction of the Conservation Commission.
Same definition as Areas Subject to Protection.
Any natural flowing body of water that empties into any lake,
ocean, other river, pond or open water body. Same definition as Stream.
Same definition as Request for Preliminary Review.
Plays a role. A resource area is significant to an interest
identified in the Bylaw when it plays a role in the provision or protection,
as appropriate, of the interest. This standard is used by the Commission
in determining what condition, if any, it deems necessary to protect
the public interest under the bylaw. The standard that shall be considered
to establish significance shall include but is not limited to one
or more of the following factors:
Actual or potential contamination to public, private or groundwater
supply including aquifers or recharge areas, land containing fisheries,
including the biological life necessary to support a fresh or saltwater
ecosystem.
Any reduction of the flood storage capacity of a wetland, river
stream or creek.
Any alteration of a river, stream, creek, vernal pond or wetland
that results in any increase in the volume or velocity of water which
may cause flooding.
Any actions which will remove, fill, dredge or alter any areas
subject to the Bylaw and will result in any threat to the health,
welfare or safety of the individual or to the community.
Any alteration of a river, stream, creek, vernal pond or wetland
or land subject to flooding or any area subject to the Bylaws which
will result in any threat to wildlife or erosion control.
Any change in function or characteristics of a wetlands, which
alters the hydrologic regime by decreasing or increasing flow rates.
The demarcation of the wetland by hydric soils.
The prevention of damage caused by water from storms, including,
but not limited to erosion and sedimentation, damage to vegetation,
property or buildings, or damage caused by flooding, waterborne debris
or waterborne ice.
A body of running water and the land under the water which
includes, but is not limited to brooks, creeks, and man-made water
courses, which move in a definite channel in the ground due to hydraulic
gradient. An existing portion of a stream may flow through a culvert,
pipe or beneath a bridge.
The formal document issued by the Department of Environmental
Protection either because a party appealed the Commission's Order
of Conditions or the Department of Environmental Protection under
their authority determined to supersede under the Act the Commission's
Order of Conditions
The formal document issued by the Department of Environmental
Protection either because a party appealed the Commission's Determination
of Applicability or the Department of Environmental Protection under
their authority determined to supersede the Commission's Determination
of Applicability.
Wet meadows, marshes, swamps and bogs.
A confined basin depression, as well as the area within 100
feet of the mean annual boundaries of the such depressions, to the
extent that such habitat is within an area subject to protection under
this Bylaw, which, at least in most years holds water for a minimum
of two continuous months during the Spring, and/or Summer, and which
is free of adult fish populations, or are areas that vernal pool species
use for breeding as evidenced by breeding adults, eggs, tadpoles,
or transforming adults. These areas are essential breeding habitats
and provide other extremely important wildlife habitat functions during
non-breeding seasons as well for a variety of amphibian species and
are important habitats for other wildlife species.
Same definition as Enforcement Order.
An area where ground water is at the surface for a significant
part of the growing season and near the surface throughout the year.
A significant amount of the vegetative community is comprised of various
grasses, sedges and rushes.
Those areas which provide important visual linkage for the
public with scenic wetlands that are vistas typical of the unique
Swansea environment. Scenic wetlands include but are not limited to
the following features: expansive open space, large areas of natural
features, placement and sizing of both natural and man-made features,
or mix of colors and textures created by interactions among the water,
sand and different types of vegetation. Visual linkage for the public
is not restricted to views from public ways but also views from areas
used by the public such a public and private conservation land, great
ponds, beaches, harbors and the ocean.
Any live animal, mammal, bird, reptile, amphibian, fish,
mollusk, arthropod or other invertebrate that is neither human nor
domesticated.
Areas having plant community composition and structure, hydrologic
regime or other characteristics sufficient to provide shelter, nutrient
sourcing, growing conditions, nesting or breeding sites conducive
to the propagation and preservation of wildlife.
Same definition as activity.
A.
General. In performance of its duties under the Bylaw and these regulations,
the Commission shall apply the following Performance Standards, without
limitation, which the Bylaw seeks to protect. Those Standards not
listed herein shall be found in the Wetlands Protection Act Regulations
(310 CMR 10.00).
C.
Land Under Water. Proposed work on land under water shall not adversely
affect the following:
E.
Wetlands. Proposed work in wetlands shall not destroy or otherwise
impair any portion of said wetland. There shall be no permanent intrusion
into the wetland for any purpose except for projects classified under
the limited project status.
[Amended 3-25-2002]
F.
Side Slope Grades Near Inland Wetlands. Side slopes within 100 feet
of a resource area shall have a finished grade according to the following:
G.
Riprap. Stone used for riprap will be hard, durable, angular, resistant
to weathering, free from overburden, spoil shale and organic material,
and shall be from four inches to eight inches in diameter. Neither
breadth nor thickness of a single stone should be less than one-third
its length. Round stone is not acceptable.
H.
Limited Projects
(1)
The Commission may issue an Order of Conditions permitting work
which results in the loss of not more than 5,000 square feet of wetland
only under a limited project provided the following requirements are
met:
[Amended 3-25-2002]
(a)
All design method of mitigation have been utilized to minimize
the alteration of the wetlands.
(b)
There is no reasonable alternative to the proposed project.
(d)
Compensatory wetland area will be provided which in the judgement
of the Commission will adequately replicate all of the wetland function
to be lost. The minimum ratio shall be 1.5 replicated area to 1.0
area to be disturbed.
(2)
The project must be included in one of the following categories:
(a)
Construction of new road drainage structures including culverts,
catchbasins, drainage easements, ditches, watercourses and artificial
water conveyances to ensure flow capacities.
(b)
Construction of a new roadway or driveway of minimum legal and
practical width acceptable to the Planning Board where reasonable
alternative means of access from a public way to an upland area of
the same owner is unavailable.
(c)
New construction of underground and overhead public utilities,
such as electrical distribution or transmission lines, or communication,
sewer, water and natural gas lines, may be permitted, in accordance
with the following general conditions and any additional conditions
deemed necessary by the Commission:
[1]
The Commission may require a reasonable alternative route with
fewer adverse effects.
[2]
The best available mitigating measures shall be used to minimize
adverse effects during construction.
[3]
All surface vegetation and contours of the area shall be substantially
restored.
[4]
All sewer lines shall be constructed to minimize inflow and
leakage.
(3)
Proposed roadway/driveway crossings of wetland areas shall include
the following:
(a)
Wetland replication which, in the determination of the Commission,
will compensate for the wetland to be lost with respect to the wetlands
values and area.
(b)
Headwalls shall be required to minimize the amount of the wetland
alteration.
(c)
Such roadway or driveway shall be constructed in a manner, which
does not restrict the flow of water.
(d)
Use of multiple pipes laid side by side in a channel to convey
water is not allowed.
I.
Wetlands Replication. There shall be no intrusion into a wetland area unless the project qualifies under a limited project under Subsection H. When unavoidable wetland alteration is proposed, the Commission may allow the project to proceed as proposed as long as compensatory wetlands are proposed. The Commission may require replacement of more, but not less than 200% of the altered wetland if it is judged to be necessary to replace the altered wetland value.
[Amended 3-25-2002]
J.
Buffer Zone Protection.
(1)
Bordering any wetland, the Commission may require a zone of
natural vegetation of sufficient width to assure that silt, soil,
fertilizer in solutions, organic chemicals, herbicides, organic manure,
oils or petroleum products which may be carried by surface runoff
shall not reach that wetland, but instead shall be trapped by the
natural mulch, soil and roots. Under most conditions, a zone of 25
feet would be considered sufficient to accomplish this purpose, however,
the distance would depend on slope, soil type, ground cover and the
project proposed. The Commission shall encourage stabilization of
upgradient areas beyond the 100-foot line.
(2)
The Commission may also require a fence of a minimum of three
feet or other boundary, which shall permanently identify the area
beyond which there shall be no work or alterations.
K.
Erosion and Sedimentation Control. Disturbed soil areas within 100
feet of a resource area shall be stabilized and protected from the
erosive forces of wind and water. Measures to prevent erosion shall
be maintained in functional condition until natural vegetation has,
in the Commission's judgement, developed sufficiently. Haybales
and siltation fence, alone, or in combination, may be used for temporary
control during construction.
L.
Stormwater Runoff. Any change in stormwater runoff characteristics,
which may result in increased flooding off the site, must be mitigated
by on-site controls. Such controls may include, but are not limited
to:
M.
Wildlife Habitat. Projects proposing to alter natural wetland areas
suitable for wildlife habitat shall be required to submit documentation
describing the alternatives and the proposed means of compensating
for lost wildlife habitat values such as food, shelter, migrating
and breeding areas, and over-wintering areas.
N.
Public and Private Water Supply.
(1)
Projects proposed in areas significant to public and private
water sources of water supply will be required to demonstrate that
there will be no adverse impact on the water resource.
O.
Sewer/Septic Systems.
(1)
New Septic Systems. For all construction of new septic systems on undeveloped land or where there was no system to support any existing development, or for replacement of a system for property which has been subdivided, the leaching field/drainage area must be more than 100 feet from the any wetland, resource or jurisdictional area defined in § 340-1.3A.
(2)
Replacement of Existing Septic Systems. For repairs and replacement
of previously existing septic systems and/or cesspools, the leaching
field/drainage area must be as far away as possible from any wetland,
resource or jurisdictional area defined in § 340-1.3A..
Repairs to a septic system for the original house on a lot, which
has been subdivided will require the new leaching field be at least
100 feet from any wetland.
P.
Aesthetics. Proposed projects shall be designed to retain or improve
natural conditions including natural lighting, sounds, odors, significant
trees and wetland scenic viewsheds experienced by the general public
from public ways including waterways.
Q.
Recreation. Proposed projects shall not significantly affect public
recreational values dependent either directly or indirectly on the
resource area or within 100 feet of the resource area.
R.
Agriculture and Aquaculture. (Reserved)
S.
Endangered Plant and Animal Species. Notwithstanding any provision
of the Bylaw or Regulations, the Commission shall not approve any
proposed activity on any area or habitat of rare plants or animals
as determined by the Massachusetts Natural Heritage Program, to have
any short or long term adverse effects on such species or habitat.
T.
Shellfish Habitat. Projects proposing to alter areas significant
to land containing shellfish shall not change the productivity of
such land caused by alterations of:
(1)
Water Circulation
(2)
Elevation and relief elevations
(3)
Compacting sediment by vehicular traffic
(4)
Distribution in sediment grain size
(5)
Natural drainage from adjacent land
(6)
Water quality including, but not limited to, fluctuations in
levels of salinity, dissolved oxygen, nutrients, temperature or turbidity,
or the addition of pollution
U.
Fisheries. (Reserved)
V.
Surface Water and Groundwater Pollution. Where projects are proposed
in areas significant to surface water and/or groundwater, the applicant
will be required to demonstrate that there will be no adverse pollution
impacts and if any, how any impacts will be mitigated.
W.
Perennial Rivers.
(1)
The Commission shall presume that a river or stream is perennial,
if it appears on the latest United States Geologic Survey Map or more
recent map provided by the DEP as a perennial stream. This presumption
may be rebutted by evidence from a competent source asserting to the
contrary or there is a previous finding by the issuing authority.
Conservation Commissioners and staff members are considered competent
sources.
(2)
If a river or stream is shown as intermittent or not shown on
the current USGS map or more recent map provided by DEP, an assertion
that it is perennial must be supported by evidence by the person making
the assertion or by the Commission on its own initiative. This evidence
may include evidence of the presence of aquatic microinvertebrate
species which requires a perennial flow; evidence of a stream order
of two or greater, a watershed size of greater than three square miles
or other evidence.
(3)
If a river or stream is shown as perennial on the current USGS
map or more recent map provided by DEP, an assertion that it is intermittent
must be supported by evidence by the person making the assertion or
by the Commission on its own initiative which may include field observations
that the river is not flowing, provided the date of observation is
not within an extended drought; or that there has been a change upstream
causing discontinuance of the flow of water, absence of a channel
or banks, soils information showing the groundwater elevation is not
at or near the surface or other evidence.
The invalidity of any section of the Rules and Regulations shall
not invalidate any other section or provision nor shall it invalidate
any Request for Determination, Determination of Applicability, Notice
of Intent, Order of Conditions, Extension Permit, Certificate of Compliance
or Enforcement Order which previously has been received or issued.
The effective date of these Rules and Regulations shall be the
date on which these rules and regulations are approved by a majority
of the Commission. These Rules and Regulations shall apply to all
Requests for Preliminary Review, Request for Determination, Determination
of Applicability, Notice of Intent, Order of Conditions, Extension
Permit, Certificate of Compliance or Enforcement Order, which are
filed or issued after that date.
Any decision by the Commission made under the jurisdiction of
the Bylaw, including, but not limited to, Determinations of Applicability,
Order of Conditions, Enforcement Orders, Certificates of Compliance,
Partial Certificates of Compliance and Extension Permits, shall be
reviewable in Superior Court in accordance with MGL c. 249, § 4
or as otherwise provided by law, but is subject to the filing of a
notice of appeal which must be received by the Commission within 10
days of the issuance of the decision.
Strict compliance with these Regulations may be waived when,
in the judgement of the Swansea Conservation Commission, such action
is in the public interest and is consistent with the intent and purposes
of the Bylaw. Any request fir[1] a waiver must be submitted to the Commission in writing
and must state the public interest involved. The Commission will act
upon the request within 21 days of the date of receipt and will then
notify the Applicant in writing within 21 days of said action. The
Commission shall include the public interests that are protected or
enhanced by issuing a waiver from these Regulations.
[1]
Editor's Note: So in original; should be "for".
