A.
Requirement for Permits of other Boards. When the Commission, Building
Inspector, or Board of Health, require the Commission's review
of a site or project before issuance of a permit or allowing a project
to commence, the owner or his representative shall file a Request
for Preliminary Review and shall arrange a site visit with the Commission
or its agent.
B.
Form and Plans. The Applicant shall provide to the Commission or
its agent a completed copy of the Request for Preliminary Review Plan
including the Map and Lot # as designated by the Town of Swansea Board
of Assessors, a set of plans for the Commission which shows the site,
existing conditions, the proposed work and any jurisdictional areas
within the site or 100 feet of the site.
C.
Additional Requirement. Prior to making its determination, the commission
or its agent may require further action or information by the applicant
or their representative, such as staking of the site to determine
location of a work area, or any other information which will aide[1] the Commission or its agent to make that determination.
[1]
Editor's Note: So in original; should be "aid".
D.
Revocation of Permit. If the Commission determines that information
provided to the Commission is incorrect or pertinent information was
not provided to the Commission, then the Commission may revoke its
Determination and require the filing of a Notice of Intent or a Request
for Determination.
E.
Permit Expiration. The Building or Board of Health Permit must be
obtained within one year from the date the Request for Preliminary
Review is signed by the Commission. The proposed work or activity
must be completed within three years from the date the Request for
Preliminary Review is signed.
A.
Request. Any person who desires a determination as to whether the
bylaw applies to a site or area, as an Area Subject to Protection,
or as to whether work or an activity may be performed in that area
under the bylaw, may submit to the commission by certified mail or
by hand delivery a Request for Determination of Applicability.
B.
Submittal Requirements.
(1)
Two copies of a completed Request for Determination of Applicability
form dated and signed by the applicant or representative
(2)
Two copies of the definitive plans, hand drawn or engineered
(as required), dated and signed by the applicant or engineer respectively
which shall define the area which is the subject of the petition and
any changes or alterations. If the request is for work within an Area
Subject to Protection, the limits of work shall be defined per the
plan and any accompanying narratives
(3)
Locus plan: 8 1/2 inches by 11 inches section from a USGS
quadrangle map with the area circled
(5)
Two copies of the completed notification to abutters form
(7)
The correct fee for advertisement of the notice in the local
newspaper
(8)
The correct filing fee
C.
Notification to Abutters. Prior to submittal, the Applicant shall
contact the Commission or its agent to determine the date and time
of the hearing on the petition. Using the form provided by the commission,
the applicant shall notify all abutters at the time of filing the
Request for Determination of Applicability. Said form shall give the
date and time of the hearing, map and lot # of the parcel in question
in accordance with the records of the Swansea Board of Assessors,
name of the applicant and a description of the area or project. Copies
of the certified mail receipts or signature on said notice and submission
of the Notification of Abutters affidavit shall submit proof of the
notification to abutters.
D.
Notification to Owner. If the applicant is not the owner of the property
or the owner's representative, the applicant shall send a copy
of the completed filing to the Owner of Record in accordance with
the latest records of the Swansea Board of Assessor's office
by certified mail at the same time as the Request for Determination
is filed.
E.
Copies to Other Town Boards or Departments. The applicant shall also
provide copies of the Request for Determination form and plans to
the Swansea Board of Health, Building Inspector, and Planning Department.
F.
Simultaneous Hearing under the Wetlands Protection Act. The Request
for Determination under the bylaw may be filed concurrently with and
by using the same form as the Request for Determination under the
Massachusetts Wetlands Protection Act, MGL c. 131, § 40.
G.
Requirement of Further Information. The Commission may require the
area to be flagged or staked, more detailed plans or professionally
engineered plans, or require other information the Commission deems
necessary to determine if the cumulative effect upon the resource
areas protected under the Bylaw prior to an on-site visit or closing
of the public hearing.
H.
Hearings. The Commission shall conduct a public hearing within 21
days of the receipt of a completed Request for Determination Filing.
If more information is needed or the Commission needs to conduct an
on-site inspection, the Commission may continue the hearing for receipt
of the requested information. Thereafter, the hearing may be continued
with the mutual agreement of the Commission and the applicant. Upon
receipt of all information requested, the Commission shall close the
hearing.
A.
Issuance of Determination of Applicability. Within 21 days of the
closure of the public hearing on the Request for Determination, the
Commission shall issue a Determination of Applicability in accordance
with its majority vote of the regular members present at the time
of the vote. The Determination of Applicability under the Bylaw may
be issued concurrently with and using the same form as the Determination
of Applicability under the Massachusetts Wetlands Protection Act,
MGL c. 131, § 40.
B.
Positive Determination of Applicability.
(1)
The Commission shall issue a positive determination if it finds
that:
(a)
The area in which the proposed activity will occur is an area
subject to protection under the Bylaw and
(b)
That the activity which is proposed is deemed to affect one
or more of the interests protected under the Bylaw or
(c)
The activity may have a significant or cumulative effect upon
the resource area or interests protected under the bylaw
(2)
None of the proposed activity shall commence until the activity
has been approved under a Notice of Intent and all appeal periods
have expired.
C.
Negative Determination of Applicability. The Commission shall issue
a negative determination if it determines that the area in which the
proposed activity is to take place is not subject to protection under
the Bylaw or that the proposed activity is not deemed to affect one
or more of the interests protected by the Bylaw. The approved work
may commence after 10 days from the date the Negative Determination
is issued or delivered providing no notice of appeal has been received
by the applicant or the Commission or no notice of a superseding order
from the DEP has been received by the applicant or the Commission.
D.
Negative Determination of Applicability with Conditions. The Commission
may issue a negative determination with conditions attached, if it
determines that with said additional conditions, the proposed activity
will not affect one or more of the interests protected under the bylaw.
Said conditions shall be strictly followed. Failure to follow said
conditions may cause the revocation of the Negative Determination
and the Commission or its agent may order all activity to cease, at
which time the applicant shall cease the activity until the conditions
are followed or a Notice and Intent[1] and subsequent Order of Conditions is received by the applicant under § 340-3.4 et seq.
[1]
Editor's Note: So in original; should be "Notice of Intent".
E.
Appeal of Determination. If there is an appeal of the Determination
under the Bylaw under the Massachusetts Rules of Civil Procedure,
no activity may commence until the Courts have rendered a final decision
and all appeal periods have expired.
F.
Expiration of Determination. The Determination of Applicability shall
expire three years from the date it is issued. The approved activity
must be completed within those three years. The Building and/or Board
of Health Permit must be obtained within two years from the date the
Determination of Applicability is issued.
G.
Violation of Bylaw or Failure to Comply. Any violation of the Bylaw
or failure to comply with the Conditions of the Determination of Applicability
may result in the revocation or modification of the Determination
of Applicability, Enforcement Proceedings or Prohibition of the Building
or Occupancy Permits and/or Board of Health Certificate of Compliance.
A.
Notice of Intent. Any person who proposes to do work that will remove,
fill dredge, build upon, drain, or alter any Area Subject to Protection
under the Bylaw shall submit, by certified mail or hand delivery to
the office of the Conservation Commission, a Notice of Intent and
other application materials in accordance with the submittal requirements
in this section.
B.
Submittal Requirements.
(1)
Two copies of all forms and plans including a completed Notice
of Intent form, dated and signed by the applicant or their representative
and the owner of record.
(2)
Definitive plans, hand drawn or engineered as required, dated
and signed by the applicant or engineer with his stamp.
(3)
Locus plan: 8 1/2 inches by 11 inches section from a USGS
quadrangle map with the area circled.
(5)
Two copies of the completed notification to abutters form.
(6)
A signed property accesses authorization form.
(7)
The correct fee for advertisement of the notice in the local
newspaper.
(8)
The correct filing fee.
C.
Special Requirements for Certain Types of Projects
(1)
The Commission shall require plans by a registered professional
engineer for the following types of projects within a jurisdictional
area:
(a)
Commercial buildings or additions and/or their associated landscaping
(b)
Single family dwellings
(c)
Septic systems including alterations, repairs or new construction
(d)
Subsurface sewers
(f)
Roadways
(g)
Parking facilities
(h)
Commercial landscaping
(i)
Bridges
(j)
Dams
(k)
Wells, public or private
(l)
Wetland crossings
(m)
Wetland replication or restoration
(n)
Subdivisions for housing
(o)
Forestry plans
(p)
Farm plans
(q)
Any activity on or in a wetland or body of water
(r)
Wetland flag or soil lines
or any activity which the Commission deems likely to have a
significant or cumulative effect upon wetland values.
(2)
Prior to or during the public hearing process, the Commission
may also require the area to be staked, to receive drainage and/or
hydrological studies and calculations, habitat studies, detailed replication
plans including narratives, wildlife studies or any other information
necessary to determine if the area or work is significant to or may
have a cumulative effect upon the resource areas protected by the
Bylaw prior to the closing of the public hearing.
D.
Portion of Project in Area Subject to Protection. In the event that only a portion of a proposed project or activity lies within an Area Subject to Protection under the Bylaw, all aspects of the project must be described in the detail required under Article IV provided also that in such circumstances, the Notice shall also contain descriptions and calculations of peak flow and estimated water quality characteristics of discharge from a point source (both closed and open channel) when the point of discharge falls within an Area Subject to Protection under the Bylaw.
E.
Notification to Abutters. Prior to submittal, the Applicant shall contact the Commission or its agent to determine the date and time of the hearing on the petition. Using the form provided by the commission, the applicant shall notify all abutters, as defined in § 340-1.5 at the time of filing the Notice of Intent. Said form shall give the date and time of the hearing, map and lot # of the parcel in question in accordance with the records of the Swansea Board of Assessors, name of the applicant and a description of the area or project. Proof of the notification to abutters shall be submitted by filing copies of the certified mail receipts or signature on said notice and submission of the Notification of Abutters affidavit. Failure to notify abutters may result in the Commission's refusal to conduct the public hearing, require the continuance of the public hearing until all notifications have been made or issue a denial of the Notice of Intent.
F.
Notification to Owner. If the applicant is not the owner of the property
or the owner's representative, the applicant shall send a copy
of the completed filing to the Owner of Record in accordance with
the latest records of the Swansea Board of Assessor's office
by certified mail at the same time as the Request for Determination
is filed.
G.
Copies to Other Town Boards or Departments. The applicant shall also
provide copies of the Notice of Intent form and plans to the Swansea
Board of Health, Building Inspector, and Planning Department.
H.
Simultaneous Hearing under the Wetlands Protection Act. The Notice
of Intent under the bylaw may be filed concurrently with and by using
the same form as the Notice of Intent under the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40. If the Notice of Intent
in[2] filed concurrently with a filing under the Wetlands Protection
Act, then it shall be given the file number provided by the Department
of Environmental Protection. If the Notice of Intent is filed under
the Bylaw only, the Commission shall give the Notice of Intent a file
number. The issuance of a file number shall not imply that the Notice
of Intent, plans and supporting documents have been judged adequate
for the issuance of an Order of Conditions.
[2]
So in original; should be "is".
I.
Hearings. The Commission shall conduct a public hearing within 21
days of the receipt of a completed Notice of Intent. If more information
is needed or the Commission needs to conduct an on-site inspection,
the Commission may continue the hearing for receipt of the requested
information or to conduct the on-site inspection. Thereafter, the
hearing may be continued with the mutual agreement of the Commission
and the applicant. Upon receipt of all information requested, the
Commission shall close the hearing.
A.
Issuance of Order of Conditions. The Commission shall issue an Order
of Conditions in accordance with its majority vote within 21 days
from the date of the public hearing for the Notice of Intent was closed,
providing all payments of fees and expenses have been paid and all
necessary information has been received and evaluated.
B.
Commencement of Work. If the Commission issues an Order of Conditions,
the approved work may commence within 10 days from the date the Order
of Conditions is issued or delivered providing no appeal or notice
of appeal has been received or no notice of a superseding order from
the DEP has been received. If the Order of Conditions is appealed
to Superior Court under the appeal provisions of the Bylaw, no work
may commence until a final decision has been rendered by the Courts
approving the activity and all further appeal periods have expired.
C.
Denial of an Order of Conditions. If the Commission issues a denial
of the Order of Conditions no activity within the wetland or buffer
zone is allowed or permitted. If the Denial of an Order of Conditions
is appealed to Superior Court, no activity may commence until a final
decision has been rendered by the Courts approving the activity and
all further appeal periods have expired.
D.
Order of Conditions.
(1)
The Order of Conditions shall contain those Conditions, which
the Commission deems necessary in order to protect the interests and
the areas subject to protection.
(2)
The Commission may reserve the right to require additional Order
of Conditions upon receipt of additional information, which will supplement
the Notice of Intent.
(3)
The Commission may also issue additional conditions on the work
if it determines that the interests are not protected.
E.
Recording of the Order of Conditions. The original copy of the Order
of Conditions shall be recorded in the Land Court or the Registry
of Deeds in the appropriate District at the expense of the applicant.
The Commission shall record the original, sending a copy, via certified
mail, to the applicant, and the owner. When the original is returned
by the Registry or Land Court, it shall be forwarded to the applicant.
F.
Expiration of the Order of Conditions. The Order of Conditions shall
expire three years from the date it is issued. The Building and/or
Health Inspector Permits must be obtained within two years from the
date of issuance. Approved activity must be completed within three
years from the date the Order of Conditions was issued.
G.
Violation of the Order of Conditions. Any violation of an Order under
this Bylaw and failure to comply with the Conditions of the Order
of Conditions may result in the revocation or modification of the
Order of Conditions, Enforcement Proceedings, prohibition of the Building
and/or Occupancy Permits or the Board of Health Certificate of Compliance
or denial of the Conservation Commission's Certificate of Compliance.
H.
Concurrent Issuance of Order of Conditions. Any Order of Conditions
issued under the Bylaw may be issued concurrently with and by using
the same form as an Order of Conditions under the Massachusetts Wetlands
Protection Act, MGL c, 131, § 40.
A.
Submission. An applicant may amend a Notice of Intent, within one
year of the date of the Order of Conditions was issued, by submitting
a written request which states the changes which are requested to
be made for the following reasons:
B.
Procedures. An applicant shall follow all of the same procedures
as required for the filing of the Notice of Intent including notification
to abutters and public notice, except that no filing fee is required.
C.
Additional Activities. The Commission shall not accept an Amendment
to the Order of Conditions if the Amendment includes additional buildings,
projects or activities which were not included in the original Notice
of Intent.
A.
Request for Extension of the Order of Conditions. At least 30 days
prior to the expiration of the Order of Conditions, an applicant may
request, in writing, an extension of said Orders of Condition, provided
the applicant has applied for and received all other permits and has
substantially completed the work.
B.
Length of Extension. The Order of Conditions may be extended for
one year from the date the Order of Conditions was issued, at the
discretion of the Commission, one time. Said extension shall be by
a majority vote of the Commission. An on-site visit, re-flagging or
additional information may be required by the Commission, and the
Order of Conditions may be changed or modified.
C.
Denial of Extension. The Commission may deny the extension by a majority
vote of the Commission. The Commission shall notify the applicant
in writing of its decision and state the reason(s) for the denial.
The Commission shall deny the Extension request if:
(1)
The extension request is received less than 30 days prior to
the expiration date of the Order of Conditions
(2)
The work has not been done in accordance with the Order of Conditions
or approved plans
(3)
Any activity has been done in violation of the Bylaw
(4)
Incomplete work is causing damage to the interests identified
in the Bylaw
(5)
New information has become available to the Commission which
was not available at the time of issuance of the Order of Conditions
which indicates the Order of Conditions is not adequate to protect
the interests identified in the Bylaw
(6)
No work has begun on the project except where such failure is
due to an unavoidable delay such as appeals or obtaining necessary
permits through other boards
D.
Applicant's Responsibility. It is the applicant's responsibility
to request an extension in writing and in a timely manner.
E.
Concurrent Extension. The extension of an Order of Conditions under
the Bylaw may be issued concurrently with and by using the same form
as an Extension Permit of an Order of Conditions under the Wetlands
Protection Act, MGL c. 131, § 40.
A.
Request. Upon completion of all of the work approved and ordered
in the Order of Conditions and shown on the approved plans and documents
of record, the Applicant may request in writing a Certificate of Compliance.
B.
Requirements.
(1)
Unless waived by a majority of the Commission, the request shall
include an "As-built Plan" by a registered professional engineer indicating
any deviation from the approved plans and Order of Conditions and
a narrative, which shall include the reasons for those deviations.
(2)
As an alternative, the Commission may require a letter signed,
stamped and dated by either a professional engineer or registered
land surveyor certifying that the project was constructed in accordance
with the approved plans and the Order of Conditions.
C.
Special Requirements for Sewer/Septic Repairs and New Systems. For
sewer/septic repairs and new systems, the Commission shall also require
a written certification from the installer that the old system was
properly abandoned and the new system was installed in accordance
with the approved plans and the Order of Conditions.
D.
On-site Visit. Prior to the issuance of a Certificate of Compliance,
the Commission or its agent may conduct an on-site visit to determine
the extent of the project completion and compliance with the Order
of Conditions.
E.
Partial Certificate of Compliance. If the majority of the Commission
determines that the work is substantially completed, but there are
still minor requirements to be completed, according to the plans and
the Order of Conditions, the Commission may issue a Partial Certificate
of Compliance. This Partial Certificate shall indicate which portions
of the project and which orders still must be complied with.
F.
Time Period for Issuance of the Certificate of Compliance. The Commission
shall approve or deny a Full Certificate of Compliance or issue a
Partial Certificate of Compliance within 21 days of receipt of the
written request. The applicant and the Commission may request a continuance
of the request when such a continuance may allow correction by the
applicant of minor problems which can be corrected or completed in
a short period of time.
G.
On-going Conditions in Perpetuity. Some conditions in the Order of
Conditions may be considered on-going conditions, which shall continue
in perpetuity. The Commission shall identify and include these conditions
as such on the Partial Certificate of Compliance or the Certificate
of Compliance.
H.
Concurrent Issuance of the Certificate of Compliance or Partial Certificate
of Compliance. The Certificate of Compliance or Partial Certificate
of Compliance under the Bylaw may be issued concurrently with and
using the same form as the Certificate of Compliance under the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40.
