The purpose of this bylaw is to protect the wetlands, related
water resources and adjoining land areas in the Town of Raynham by
controlling activities deemed by the Raynham Conservation Commission
likely to have a significant or cumulative effect upon wetland values,
including but not limited to the following: public or private water
supply, groundwater, flood control, erosion and sedimentation control,
storm damage prevention, water pollution control, fisheries, wildlife
habitat, recreation, aesthetics and agricultural values (collectively
the "wetlands values protected by this bylaw").
Except as permitted by the Raynham Conservation Commission or
as provided in this bylaw, no person shall remove, fill, dredge, build
upon or alter the following areas:
A. Within 100 feet of any freshwater wetland, marsh, wet meadow, bog,
or swamp;
B. Within 100 feet of any bank, lake, pond, stream;
C. Any land under said waters;
D. Within 100 feet of any land subject to flooding or inundation by
groundwater or surface water.
[Amended 5-18-2015 ATM
by Art. 25; 5-16-2022 ATM by Art.
26]
After public notice and public hearing, the Raynham Conservation
Commission (RCC) shall promulgate rules and regulations to further
define this bylaw. Failure of the RCC 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.
A. The fine schedule for wetland infractions, to include filling and
disturbing, is $100 per day. Payment not received within 30 days from
date of issuance of the fine for wetland violations shall result in
a stop-work order being issued on the subject property. The stop-work
order shall include the fine to be paid and shall be recorded at the
Registry of Deeds. Proof of recording shall be supplied to the RCC.
The owner shall be notified prior to the issuance of a stop-work order
(stop-work order will only be applicable on an actual filing initiated
by the applicant). For unauthorized activities or work being conducted
without a valid order of conditions (OOC), or work being conducted
in violation of an OOC, the recording instrument should be in the
form of an enforcement order (EO) or a cease and desist order (CDO).
B. At the time an application is filed with the RCC, three copies of
the site/subdivision plan shall be submitted with the application
for individual single-family projects; all other projects will be
required to provide six copies of the site plans.
C. Fees may be established by the RCC and amended in consultation with
and approval of the Board of Selectmen. No such fees shall be implemented
unless a public hearing is held to discuss said fees.
D. Any notice of intent (NOI) filing that includes a wetland resource
delineation that has not been verified by the RCC through an ANRAD
review process shall require an additional local bylaw fee payment
by the applicant, based on the fee schedule.
E. A locus plan drawn at a scale of not less than one inch to 1,000
feet shall be included on every plan submitted for review and approval
by the RCC. Plans showing the details of proposed work must be drawn
to scale in accordance with the following schedule: individual lot/site
development plans must be drawn to a scale of one inch equals 20 feet;
subdivision plans must be drawn to a scale of one inch equals 40 feet.
All submittals must be received in the RCC's office no later than
two weeks prior to a scheduled hearing date.
F. Please see the regulations for deadlines for all applications.
The following definitions shall apply in the interpretation
and implementation of this bylaw:
ALTER
Includes, without limitation, the following activities when
undertaken to, upon, within or affecting resource areas protected
by this bylaw:
A.
Removal, excavation or dredging of soil, sand, loam, peat, gravel
or aggregate materials of any kind.
B.
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, and sedimentation patterns, flow patterns or
flood retention characteristics.
C.
Drainage or other disturbance of water level or water table.
D.
Dumping, discharging or filling with any material which may
degrade water quality.
E.
Placing of fill, or removal of materials, which would alter
elevation(s).
F.
Driving of piles, erection, alteration or repair of buildings
or structures of any kind.
G.
Placing of obstructions or objects in water.
H.
Destruction of plant life, including cutting of trees.
I.
Changing water temperature, biochemical oxygen demand or other
physical or chemical characteristics of water.
J.
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater.
PERSON
Includes any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the Commonwealth of Massachusetts or political subdivision thereof
to the extent subject to Town bylaws, administrative agency, public
or quasi-public corporation or body, the Town of Raynham and any other
legal entity, its legal representatives, agents or assigns.
As part of a permit issued under this bylaw, in addition to
any security required by any other Town or state board, agency or
official, the Conservation Commission may require 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 proper bond or deposit of money or negotiable securities or other
undertaking of financial responsibility sufficient in the opinion
of the Commission.
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 Town of Raynham whereby
the permit conditions shall be performed and observed before any lot
may be conveyed other than by mortgage deed.
The applicant for a permit shall have the burden of proof by
a preponderance of the credible evidence that the work proposed on
the application will not have unacceptable significant or cumulative
effect upon the wetland values protected by this bylaw. Failure to
provide adequate evidence to the Conservation Commission supporting
this burden shall be sufficient cause for the Commission to deny a
permit or grant a permit with conditions.
[Added 5-16-2022 ATM
by Art. 26]
A certificate of compliance shall be issued by the Conservation
Commission upon the request of the applicant or property owner after
construction has been completed in accordance with the applicable
order of conditions. Request for such certificate must be filed with
the Commission, in writing, at least 15 days prior to the next regularly
scheduled hearing of the Commission at which it may consider the request.
All incomplete requests for certificates of compliance shall not be
considered by the Commission. All applicants for certificates of compliance
are encouraged to review their orders of conditions prior to filing
any request in order to verify they have met the requirements for
the issuance of a certificate of compliance.
[Added 5-16-2022 ATM
by Art. 26]
This bylaw is adopted under the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule Statutes, independent of MGL c. 131,
§ 40 (the Wetlands Protection Act), and regulations thereunder.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.
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.