[HISTORY: Adopted by the Town Meeting of the Town of Wrentham
as amended 6-9-2014 ATM by Art.
17 and Art. 18 (Art. 7.31 of the 2013 Bylaws). Subsequent amendments
noted where applicable.]
The purpose of this bylaw is to protect the wetlands, related
water resources, and adjoining land areas in the Town of Wrentham
by controlling activities likely to have a significant or cumulative
effect upon the important public values of those areas, which include,
without limitation, the following: public or private water supply,
groundwater supply, flood control, erosion and sedimentation control,
storm damage prevention, protection of surrounding land and other
homes or buildings, water pollution control, fisheries, wildlife habitat,
agriculture, recreation, and the historic and natural scenic character
of wetland resource areas, watercourses, lakes and ponds (collectively,
the "interests protected by this bylaw").
A.
ALTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
PERSON
The following definitions shall apply in the interpretation and implementation
of this bylaw:
To change the conditions of any area subject to protection
under this bylaw and shall include but not be limited to one or more
of the following actions upon areas described in this bylaw:
The removal, excavation or dredging of soil, sand, gravel or
aggregate material of any kind;
The changing of preexisting drainage characteristics, flushing
characteristics to include soil structure, salinity distribution to
include soil compositions and chemistry, sedimentation patterns, flow
patterns and flood storage retention areas;
The disturbance or raising or lowering of the water level or
water table;
The dumping, discharging or filling with any material which
could degrade the water quality or change water flow or quantity;
The driving of piling, erection of buildings or structures of
any kind;
The placing of any object or obstruction, whether or not it
interferes with the flow of water;
The destruction of plant life, including the cutting of trees,
and the removal of stumps, within any resource area other than the
buffer zone, or the cutting of shrubbery or trees greater than 50%
of the overhead canopy;
The changing of water temperature, biochemical oxygen demand
and other natural characteristics of the receiving water;
Any activities, changes or work which pollutes any body of water
or ground water; and
The application of pesticides or herbicides.
Includes any individual, group of individuals, associations,
partnerships, corporations, business organizations, trust, estate,
Commonwealth of Massachusetts when subject to Town bylaws, any public
or quasi-public corporation or body when subject to Town bylaws or
any other legal entity, including the Town of Wrentham or its legal
representative, agents or assigns.
B.
Except as otherwise provided in this bylaw or in regulations of the
Commission, the definitions of terms in this bylaw shall be as set
forth in the Wetlands Protection Act, MGL c. 131, § 40,
and regulations thereunder, 310 CMR 10.00.
Except as permitted by the Conservation Commission or as provided
in this bylaw, no person shall remove, fill, dredge, build upon, degrade,
or otherwise alter the following resource areas: any bank, freshwater
wetland, marsh, wet meadow, bog, swamp, vernal pool (whether certified
or potential), reservoir, lake, pond, creek, river or stream, or any
land under said waters or any land subject to flooding or inundation
by groundwater or surface water, or any land within 100 feet of any
of the aforesaid resource areas (collectively, the "resource areas
protected by this bylaw") and within 200 feet of any perennial stream.
The area of flooding or inundation shall include all lands up to the
elevation of the one-hundred-year floodplain.
A.
The application and permit required by this bylaw shall not be required
for maintaining, repairing or replacing, but not substantially changing
or enlarging, an existing and lawfully located structure or facility
used in the service of the public and used to provide electric, gas,
water, telephone, telegraph and other telecommunication services,
provided that written notice has been given to the Commission prior
to the commencement of the work, and provided that the work conforms
to performance standards and design specifications in any regulations
adopted by the Commission.
B.
The application and permit required by this bylaw shall not be required
for work performed for normal maintenance or improvement of land in
agricultural use, provided that written notice has been given to the
Commission prior to commencement of work, and provided that the work
conforms to performance standards and design specifications in regulations
adopted by the Commission.
C.
The application and permit required by this bylaw shall not apply
to emergency projects necessary for the protection of the health and
safety of the public, provided that the work is to be performed by
or has been ordered to be performed by an agency of the commonwealth
or a political subdivision thereof; provided that advance notice,
oral or written, has been given to the Commission prior to commencement
of work or within 24 hours after commencement; provided that the Commission
or its agent certifies the work as an emergency project; provided
that the work is performed only for the time and place certified by
the Commission for the limited purposes necessary to abate the emergency;
and provided that within 21 days of commencement of an emergency project
a permit application shall be filed with the Commission for review
as provided by this bylaw. Upon failure to meet these and other requirements
of the Commission, the Commission may, after notice and a public hearing,
revoke or modify an emergency project approval and order restoration
and mitigation measures.
D.
Other than as stated in this section, the exceptions provided in
the Wetlands Protection Act, MGL c. 131, § 40, and regulations,
310 CMR 10.00, shall not apply under this bylaw.
A.
Written application shall be filed with the Commission to perform
activities affecting resource areas protected by this bylaw. The permit
application shall include such information and plans as are deemed
necessary by the Commission to describe proposed activities and their
effects on the resource areas protected by this bylaw. No activities
shall commence without receiving and complying with an appropriate
permit issued pursuant to the bylaw, whether the entity allowing or
performing the work is private, commercial, municipal, or agricultural.
B.
The Commission, in an appropriate case, may accept as the permit
application and plans under this bylaw the notice of intent and plans
filed under the Wetlands Protection Act, MGL c. 131, § 40,
and regulations, 310 CMR 10.00.
C.
Any person desiring to know whether or not a proposed activity or
an area is subject to this bylaw may by writing request a determination
from the Commission. Such a request for determination shall include
information and plans as are deemed necessary by the Commission. The
Commission may determine that a proposed activity or an area is not
governed by this bylaw subject to the observance of conditions imposed
by the Commission on the work to be performed by the applicant or
may require a notice of intent.
D.
At the time of a permit application or request for determination,
the applicant shall pay a filing fee specified in regulations of the
Commission. The fee is in addition to that required by the Wetlands
Protection Act, MGL c. 131, § 40, and regulations, 310 CMR
10.00.
A.
Administrative fee. The Commission is authorized to include in any
regulations adopted under this bylaw a fee schedule imposing fees
for permits, determinations and certificates of compliance. Such fees
must be based on a reasonable estimate of the actual costs incurred
by the Commission in carrying out its duties under this bylaw, taking
into account any fees provided under the Wetlands Protection Act.
Failure to pay any fee required by regulations duly promulgated by
the Commission shall be grounds for denial of the application.
B.
Consultant fee.
(1)
The Commission is authorized to require the applicant to pay the
reasonable costs and expenses borne by the Commission for specific
expert engineering and consultant services deemed necessary by the
Commission to review any application and/or submissions, and to monitor
or provide field services required under an order of conditions. Such
services may include, without limitation, the delineation, survey,
monitoring, and inspection of wetland resource areas, including any
construction within the Conservation Commission's jurisdiction, including
an analysis of resource area values, hydrogeological and drainage
analyses, evaluation of wildlife habitat, and legal services. The
Commission is authorized to charge the applicant for said fee based
upon its reasonable finding that the additional information acquirable
only through outside consultants would be necessary for the making
of an objective decision, and when the application or request for
determination proposes any of the following:
(a)
The alteration of 500 square feet or more of any land under
a water body or bordering vegetated wetlands;
(b)
The alteration of 50 linear feet or more, or the alteration
of 10% or more, whichever is less, of the bank of any water body or
waterway;
(c)
The alteration of 1,000 square feet or more of the buffer zone;
(d)
The creation or evaluation of any point source discharge, detention
or retention basin, water control structure or wetland replication
area;
(e)
New construction proposed within any area that falls within the jurisdiction of the Conservation Commission as listed in § 375-3, Jurisdiction; or
(f)
The determination of the boundary line of any resource area
by the Commission.
(2)
Said fee may be requested of the applicant within 30 days of the
filing of the application, or from the last amendment thereto. In
its request, the Commission shall identify the consultant it has selected
and include an estimate of the charges for the proposed services.
The applicant may appeal the selection of the consultant to the Select
Board within 10 days of receiving notice from the Commission of the
same. The Select Board may set aside the selection of the consultant
only if the consultant lacks sufficient qualifications to perform
the work or has a conflict of interest.
[Amended 11-21-2022 STM by Art. 2]
(3)
Any fees paid to the Commission under this section shall be placed
into a professional services conservation account.
C.
Waiver/nonapplicability of fees. No application or consultant fees
shall be due from the Town of Wrentham in connection with any project
performed by the Town or on its behalf, or from any person having
no financial connection with a property which is the subject of a
request for determination.
A.
Any person filing a notice of intent with the Commission at the same
time shall give written notice thereof, by certified mail (return
receipt requested) or hand delivered, to all abutters at their mailing
addresses shown on the most recent applicable tax list of the Assessors,
including owners of land directly opposite on any public or private
street or way, and abutters to the abutters within 100 feet of the
property line of the applicant, including any in another municipality
or across a body of water. The notice to abutters shall state where
copies of the permit application may be examined and obtained by abutters.
An affidavit of the person providing such notice, with a copy of the
notice mailed or delivered, shall be filed with the Commission. When
a person requesting a determination is other than the owner, the request,
the notice of the hearing, and the determination itself shall be sent
by the applicant to the owner as well as to the person making the
request.
B.
The Commission shall conduct a public hearing on any permit application
or request for determination, with written notice given at the expense
of the applicant, five business days prior to the hearing, in a newspaper
of general circulation in the Town of Wrentham.
C.
The Commission shall commence the public hearing within 21 calendar
days from receipt of a completed permit application or request for
determination unless an extension is authorized in writing by the
applicant.
D.
The Commission shall issue its permit or determination in writing
within 21 calendar days of the close of the public hearing thereon
unless an extension is authorized in writing by the applicant.
E.
The Commission, in an appropriate case, may combine its hearing under
this bylaw with the hearing conducted under the Wetlands Protection
Act, MGL c. 131, § 40, and regulations, 310 CMR 10.00. Notice
of a hearing so combined shall not be considered defective solely
because it fails to make reference to this bylaw.
F.
The Commission shall have authority to continue the hearing to a
date certain announced at the hearing, for reasons stated at the hearings,
which may include receipt of additional information offered by the
applicant deemed necessary by the Commission in its discretion, or
comments and recommendations of local, state or federal regulatory
agencies. In the event the applicant objects to a continuance or postponement,
the hearing shall be closed and the Commission shall take action on
such information as is available.
The applicant shall have the burden of proving by a preponderance
of the credible evidence that the work proposed in the permit application
will not have unacceptable significant or cumulative effect upon the
interests protected by this bylaw. Failure to provide adequate evidence
to the Commission supporting this burden shall be sufficient cause
for the Commission to deny such permit or to grant a permit with conditions.
A.
If, after said hearing, the Commission determines that the activities
which are subject to the permit application are likely to have a significant
or cumulative effect upon the interests protected by this bylaw, the
Commission, within 21 days of the close of the public hearing or such
further time as the Commission and the applicant shall agree on, shall
issue or deny a permit for the activities proposed. If it issues a
permit, the Commission shall impose conditions which it deems necessary
or desirable to protect those interests, and all work shall be done
in accordance with those conditions.
B.
The Commission is empowered to deny a permit for failure to meet
the requirements of this bylaw; for failure to submit necessary information
and plans requested by the Commission; for failure to meet the design
specifications, performance standards, and other requirements in regulations
of the Commission; for failure to avoid or prevent unacceptable significant
or cumulative effects upon the interests protected by this bylaw;
and where no conditions are adequate to protect those interests. Due
consideration shall be given to any demonstrated hardship on the applicant
by reason of denial, as presented at the public hearing.
C.
Lands within 200 feet of perennial rivers and streams, and lands
within 100 feet of other resource areas, are presumed important to
the protection of these resources because activities undertaken in
close proximity to resource areas have a high likelihood of adverse
impact upon the wetland or watercourse, either immediately, as a consequence
of construction, or over time, as a consequence of daily operation
or existence of those activities. In addition, such areas are often
vital to the preservation of species that depend on wetlands for food
or reproduction. The Commission therefore will require that the applicant
maintain a fifty-foot-wide continuous strip of undisturbed vegetative
cover within the 200-foot (or 100-foot) area. A variance to this criteria
may be granted under three circumstances: 1) if the applicant demonstrates
that the proposed project will have no adverse effect on any of the
interests protected by this bylaw; 2) if the project is a rare or
unusual case; and 3) if the project is not approved by the Commission,
this action will restrict the use of the property to such an extent
as to constitute a constitutional taking without compensation. If
no evidence is supplied to support the claims that the project meet
the specified criteria above, the hearing will be delayed or continued
until this information is provided, or the project request will be
denied without prejudice.
D.
To prevent wetlands loss, the Commission shall require applicants
to avoid wetlands alteration wherever feasible, to minimize wetlands
alteration, and where alteration is unavoidable, to incorporate mitigation
measures into the project design.
E.
A permit shall expire three years from the date of issuance. Notwithstanding
the above, the Commission in its discretion may issue a permit expiring
five years from the date of issuance for recurring or continuous maintenance
work, provided that annual notification of time and location of work
is given to the Commission. Any permit may be renewed for up to three
years, unless otherwise set by the Commission, provided that a request
for a renewal is received in writing by the Commission one month prior
to expiration.
F.
For good cause the Commission may revoke a permit or determination issued under this bylaw after notice to the holder of the permit or determination, notice to the public, abutters, and Town boards, pursuant to § 375-7, and a public hearing.
G.
The Commission, in an appropriate case, may combine the permit or
determination issued under this bylaw with the order of conditions
or determination of applicability issued under the Wetlands Protection
Act, MGL c. 131, § 40, and regulations, 310 CMR 10.00.
H.
No work proposed in any permit application shall be undertaken until
the permit issued by the Commission with respect to such work has
been recorded in the Registry of Deeds or, if the land affected is
registered land, in the registry section of the land court for the
district wherein the land lies, and until the holder of the permit
certifies in writing to the Commission that the permit has been recorded.
As part of a permit issued under this bylaw, the Commission
may require, in addition to any security required by any other Town
or state board, commission, agency or officer, that the performance
and observance of the conditions imposed hereunder be secured wholly
or in part by one or more of the methods described below:
A.
By a proper bond or deposit of money or negotiable securities sufficient,
in the opinion of the Conservation Commission, to secure performance
of the conditions and observance of the safeguards of such permit,
to be released upon the issuance of a certificate of compliance for
work performed pursuant to the permit; or
B.
By a conservation restriction, easement, or other covenant enforceable
in a court of law, executed and duly recorded by the owner of record,
running with the land to the benefit of the Commission whereby the
permit conditions shall be performed and observed before any lot may
be conveyed other than by mortgage deed.
A.
The Commission shall promulgate, after due notice and public hearing,
rules and regulations to effectuate the purposes of this bylaw. Failure
by the Commission to promulgate such rules and regulations or a legal
declaration of their invalidity by a court of law shall not act to
suspend or invalidate the effect of this bylaw.
B.
At a minimum, these regulations shall define key terms in this bylaw
not inconsistent with the bylaw and procedures governing the amount
and filing of fees.
A.
No person shall remove, fill, dredge, build upon, degrade, or otherwise
alter resource areas protected by this bylaw, or cause, suffer, or
allow such activity to continue or allow such fill or other alteration
to be left in place, without the required authorization pursuant to
this bylaw.
B.
The Commission, its agents, officers, and employees shall have authority,
with prior approval from the property owner or pursuant to court process,
to enter upon privately owned land for the purpose of performing their
duties under this bylaw and may make or cause to be made such examinations,
surveys, or sampling as the Commission deems necessary.
C.
The Commission shall have authority to enforce this bylaw, its regulations,
and permits issued thereunder by violation notices, administrative
orders, and civil and criminal court actions. Any person who violates
provisions of this bylaw may be ordered to restore the property to
its original condition and take other action deemed necessary to remedy
such violations.
D.
Upon request of the Commission, the Town Administrator and the Town
Counsel shall take legal action for enforcement under civil law. Upon
request of the Commission, the Chief of Police shall take legal action
for enforcement under criminal law.
[Amended 6-8-2015 ATM
by Art. 33]
E.
Municipal boards and officers, including any police officer or other
officer having police powers, shall have authority to assist the Commission
in enforcement.
F.
Any person who violates any provision of this bylaw, or regulations, permits, or administrative orders issued thereunder, shall be punished by a fine in the amount specified in Chapter 283, Fees, Fines and Charges, § 283-2. Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the bylaw regulations, permits, or administrative orders violated shall constitute a separate offense.
[Amended 6-8-2015 ATM
by Art. 34]
G.
As an alternative to criminal prosecution in a specific case, the
Commission may issue citations under the noncriminal disposition procedure
set forth in MGL c. 40, § 21D.
A decision of the Commission shall be reviewable in the Superior
Court in an action filed within 60 days thereof, in accordance with
MGL c. 249, § 4.
This bylaw is adopted under the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule statutes, independent of the Wetlands
Protection Act, MGL c. 131, § 40, and regulations thereunder,
310 CMR 10.00.
