[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
(A)
The purpose of this chapter is to protect the wetlands, water bodies,
adjoining land areas and related resources of the City of Watertown
by regulating activities deemed by the Watertown Conservation Commission
to have a significant or cumulative effect upon their values and interests,
including, but not limited to, the following:
(1)
Public or private water supply;
(2)
Groundwater;
(3)
Flood control;
(4)
Erosion and sedimentation control;
(5)
Storm damage prevention;
(6)
Water quality;
(7)
Water pollution control;
(8)
Fisheries and wildlife habitat; and
(9)
Recreational, aesthetic, agricultural, historical, archeological
or educational values.
(B)
These values and interests are collectively known herein as the INTERESTS
protected by this chapter.
(C)
This chapter is intended to utilize the City's Home Rule authority
to protect additional resource areas for additional interests with
additional standards and procedures that are more stringent than those
of the Massachusetts Wetlands Protection Act, being Mass. Gen. Laws
Ch. 131, § 40, and the regulations promulgated thereunder.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
(A)
(1)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
(2)
ALTER
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
BANK
PARTIES OF INTEREST
PERSON
POND
VERNAL POOL
Except as otherwise provided in this chapter or in associated
regulations of the Conservation Commission, the definitions of terms
and the procedures in this chapter shall be as set forth in the Wetlands
Protection Act (Mass. Gen. Laws Ch. 131, § 40) and regulations
(310 C.M.R. 10.00).
Includes, without limitations, the following actions when
undertaken to, within, or affecting resource areas protected by this
chapter:
Removal, excavation or dredging of soil, sand, gravel, 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 that may degrade
water quality;
Placing of fill, or removal of material, that would alter elevation;
Driving of piles or erection of buildings or structures of any
kind;
Placing of obstructions or objects in water;
Destruction of or significant injury to vegetation, including
cutting or trimming of trees and shrubs;
Changing water temperatures, biochemical oxygen demand, or other
physical, biological, or chemical characteristics of any waters;
Any activities, changes or work that may cause or contribute
to pollution of any body of water or groundwater;
Application of pesticides or herbicides;
Destruction or alteration of wildlife habitat; and
Incremental activities that have, or may have, a cumulative
adverse impact on the interests protected by this chapter.
Includes the land area which normally abuts and confines
a water body; the lower boundary being the mean annual flow level,
and the upper boundary being the first observable break in the slope
or the mean annual flood level, whichever is higher.
All abutters as determined from the most recent records of
the Assessors, all owners of land directly across a body of water
including those persons in other municipalities, and all abutters
to abutters within 300 feet of the property line.
Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the Commonwealth
or political subdivision thereof to the extent subject to City ordinances,
administrative agency, public or quasi-public corporation or body,
the City of Watertown, and any other legal entity and its legal representatives,
agents, or assigns.
Shall follow the definition contained in 310 C.M.R. 10.04,
except that the size threshold of 10,000 square feet shall not apply.
Includes, in addition to scientific definitions found in
the regulations under the Wetlands Protection Act, any confined basin
or depression not occurring in existing lawns, gardens, landscaped
areas or driveways which, at least in most years, holds water for
a minimum of two continuous months during the spring and/or summer,
contains at least 200 cubic feet of water at some time during most
years, is free of adult predatory fish populations, and provides essential
breeding and rearing habitat functions for amphibian, reptile or other
vernal pool community species, regardless of whether the site has
been certified by the Massachusetts Division of Fisheries and Wildlife.
The boundary of the resource area for vernal pools shall be the mean
annual high-water line defining the depression.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
(A)
Except as permitted by the Conservation Commission and as provided
by this chapter, no person shall remove, fill, dredge, alter or build
upon, degrade or discharge into any of the following resource areas:
(1)
Any river (including perennial streams), lake or pond;
(2)
Any wetland, marsh, wet meadow, bog, swamp or vernal pool;
(3)
Any bank;
(4)
Any lands bordering on any lake, pond, intermittent stream,
spring, brook or creek;
(5)
Any land under said waters;
(6)
Any land subject to flooding or inundation by groundwater or
surface water that substantially promotes the purposes of this chapter;
(7)
Any land in the 100-year floodplain as delineated pursuant to
the regulations of the Commission;
(8)
Any land within 200 feet of any river (including perennial streams)
(known as the "riverfront area"); or
(9)
Any land within 150 feet of any wetland, marsh, wet meadow,
bog, swamp, bank, lake, pond or non-perennial stream (known as the
"buffer zone").
(B)
The "buffer zone" resource areas shall be protected regardless of
whether they border surface waters. The 150-foot buffer zone set forth
in this chapter is necessary because land is a limited resource in
Watertown. The vast majority of Watertown's land has been previously
developed. Because of this level of development, a natural riparian
buffer is absent. There is a high percentage of impervious surfaces,
which causes a greater amount of runoff, and there is less opportunity
for natural recharge and natural processes to attenuate pollutants
in the runoff. Thus, this buffer zone is needed to help further mitigate
activities that may be detrimental to the resource areas.
(C)
Without limiting the foregoing, and as an additional local requirement,
no person shall build or enlarge any structure, parking lot or impervious
surface upon or within 50 feet of:
(D)
The fifty-foot no-build zone is in place to protect the habitat of
riverine or wetland biota that are identified as protected interests
under this chapter. This fifty-foot no-build prohibition applies to
the redevelopment of an existing development, unless the redevelopment
significantly improves the existing conditions of the developed site
so as to substantially promote the interests of this chapter.
[Ord. 493, passed 2-26-1987; amended Ord. 182, passed 11-23-1993; amended Ord. 67, passed 9-9-2008]
(A)
The permit, variance and application required by this chapter shall
not be required for maintaining, repairing or replacing an existing
and lawfully located structure, facility or right-of-way used in the
service of the public to provide electric, gas, water, telephone,
transportation or other telecommunication services, provided that:
(1)
The structure or facility is not substantially changed, enlarged
or altered;
(2)
Written notice has been given to the Conservation Commission
prior to commencement of work; and
(3)
The work conforms to performance standards detailed in the Massachusetts
Wetlands Protection Act, being Mass. Gen. Laws Ch. 131, § 40,
the regulations promulgated thereunder, and design specifications
acceptable to the Commission.
(B)
The application and permit required by this chapter shall not be
required for work performed for normal maintenance or improvement
of land in agricultural use as defined by the Wetlands Protection
Act regulations at 310 C.M.R. 10.04(4).
(C)
(1)
The permit and application required by this chapter shall not
apply to emergency projects necessary for the protection of the health
or safety of the public, provided that:
(a)
The work is to be performed by or has been ordered by an agency
of the Commonwealth of Massachusetts or a political subdivision thereof;
(b)
Advance notice, oral or written, has been given to the Commission
prior to the commencement of work or within 24 hours after the commencement;
(c)
The Commission's duly authorized designee certifies the work
as an emergency project; and
(d)
The work is performed only for the time and place certified
by the Commission for the limited purposes necessary to abate the
emergency.
(2)
Within 21 days of the commencement of an emergency project,
a permit application for the work shall be filed with the Commission
for review as provided in this chapter. Upon failure to meet these
and other requirements of the Commission, or upon the Commission's
decision not to certify the work as an emergency project, the Commission
may, after notice and a public hearing, revoke or modify an emergency
project approval and order restoration and mitigation measures, as
appropriate.
(D)
Other than as stated in this section, the exceptions provided in
the Wetlands Protection Act, and the regulations promulgated thereunder
shall not apply.
[Ord. 493, passed 2-26-1987; amended Ord. 121, passed 4-13-1993; amended Ord. 67, passed 9-9-2008]
(A)
Any person wishing to perform work regulated by this chapter shall file a written application for a permit with the Commission. The application shall include the data and plans as are deemed necessary by the Commission to describe proposed activities and their effects on resource areas and interests protected by this chapter. The Commission is hereby authorized to request information from an applicant after the initial application is filed, including, but not limited to, resource area delineations and flood-plain delineations based on current, site specific, data. The Commission may, in its discretion, continue the hearing to a date certain, to be announced at the hearing, pending the receipt of information requested by the Commission, or it may deny an application due to incomplete information. The Commission is authorized to continue the hearing without the consent of the applicant for the purpose of requesting further information; for purposes of § 154.07, no application shall be deemed complete until all information requested by the Commission has been submitted. No work shall commence until a permit has been issued by the Commission or the Commission has issued a finding pursuant to this chapter that a permit is not required.
(B)
A denial of an application "with prejudice" shall be the Commission's
final decision. If the Commission denies an application with prejudice,
the applicant may not submit a new application for the same property
for one year.
(C)
The Commission may, at its discretion, accept as the application
and plans under this chapter the Notice of Intent and plans filed
under the Wetlands Protection Act, Mass. Gen. Laws Ch. 131, § 40.
(D)
Any person desiring to know whether or not proposed work or an area
is subject to this chapter may, in writing, request a determination
of applicability of this chapter (hereinafter "request for determination")
from the Commission. The request for determination shall include the
data and plans as are deemed necessary by the Commission.
(E)
Any resource area delineation set forth in either a request for determination
or an application shall expire three years after the date that the
Commission takes action on the request for determination or application.
(F)
Any person filing an application or request for determination shall,
at the time of filing, pay a filing fee in accordance with the filing
fee schedule contained in the current regulations promulgated by the
Commission in addition to the fee required by the Wetlands Protection
Act.
(G)
The Commission may waive the filing fee for an application or request
for determination filed by a government agency, for a request for
determination filed by a person having no financial connection with
the subject property, for any projects whose sole effect is to substantially
enhance a resource area, or for other reasonable grounds as determined
by the Commission at its discretion.
(H)
(1)
Pursuant to Mass. Gen. Laws Ch. 44, § 53G, the Commission
may, upon receipt of an application or request for determination,
or at any point during the hearing process, impose reasonable fees
upon applicants for the purpose of securing outside consultants, including
engineers, wetlands scientists, wildlife biologists or other experts,
in order to aid in the Commission's review of proposed projects. Such
funds shall be deposited with the Watertown Treasurer, who shall create
an account specifically for this purpose. Additional consultant fees
may be imposed where the requisite review is more expensive than originally
calculated or where new information requires additional consultant
services.
(2)
The consultant fees collected for the Commission's review of
a specific application or request for determination may be used only
for consulting work done in connection with that application or request
for determination, and expenditures may be made at the sole discretion
of the Commission.
(3)
Any consultant hired under this provision shall be selected
by, and report exclusively to, the Commission. The Commission shall
provide applicants with written notice of the selection of a consultant,
identifying the consultant, the amount of the fee to be charged to
the applicant, and a request for payment of that fee. Notice shall
be deemed to have been given on the date it is mailed or hand-delivered.
The applicant may withdraw the application or request for determination
within five days of the date notice is given without incurring any
costs or expenses.
(4)
The entire fee must be received before the initiation of consulting
services. Failure by the applicant to pay the requested consultant
fee within 10 business days of the request for payment shall be cause
for the Commission to declare the application or request for determination
administratively incomplete and to deny the permit, except in the
case of an appeal. The Commission shall inform the applicant and the
Massachusetts Department of Environmental Protection of such a decision
in writing.
(5)
The applicant may appeal the selection of an outside consultant
to the City Council, who may disqualify the consultant only on the
grounds that the consultant has a conflict of interest or is not properly
qualified. The minimum qualifications shall consist of either an educational
degree or three or more years of practice in the field at issue or
a closely-related field. The applicant shall make his or her appeal
in writing, which must be received within 10 days of the date that
request for consultant fees was made by the Commission. The appeal
shall extend the applicable time limits for action upon the application
or request for determination.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
|
Project Size
(square feet)
|
Fee
|
|---|---|
|
Less than 1,000
|
$50
|
|
1,000 to less than 2,000
|
$100
|
|
2,000 to less than 3,000
|
$150
|
|
3,000 to less than 4,000
|
$200
|
|
4,000 to less than 5,000
|
$250
|
|
5,000 to less than 6,000
|
$300
|
|
6,000 to less than 10,000
|
$400
|
|
10,000 to less than 15,000
|
$500
|
|
15,000 to less than 20,000
|
$650
|
|
20,000 to less than 30,000
|
$750
|
|
30,000 to less than 50,000
|
$850
|
|
50,000 or greater
|
$1,000
|
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
(A)
(1)
Any person filing an application or request for determination
with the Commission shall give written notice thereof, at the same
time, by certified mail, returned receipt requested, or hand delivery,
to all parties in interest.
(2)
For purposes of this section, "parties in interest" shall include
all abutters as determined from the most recent records of the City
Assessors, all owners of land directly across a body of water, including
those persons in another municipality, and all abutters to abutters
or other persons within 300 feet of the property line.
(B)
The notice shall be on a form supplied by the Commission and shall
state where copies of the application or request for determination
may be examined and obtained by abutters. An affidavit of the person
providing notice, with a copy of the notice, mailed or delivered,
shall be filed with the Commission, prior to or at the first public
hearing held by the Commission. When a person filing a request for
determination is other than the owner, that person shall ensure that
the request for determination, the notice of the hearing and the determination
itself shall be sent to the owner as well as to the person filing
the request for determination.
(C)
The Commission shall commence a public hearing and issue a decision
on any application or request for determination within 21 days of
its receipt of the completed application or request for determination,
unless an extension is authorized in writing by the applicant. Notice
of the time and date of the hearing shall be given by the Commission,
at the expense of the person filing the application or request for
determination, by publication in a newspaper of general circulation
in Watertown not less than five working days prior to the hearing,
and by posting it in the office of the City Clerk for not less than
five working days prior to the hearing.
(D)
The Commission at its discretion may combine its hearing under this
chapter with the hearing conducted under the Wetlands Protection Act,
Mass. Gen. Laws Ch. 131, § 40, and may combine the public
notices thereof.
(E)
(1)
For reasons announced by the Commission at the hearing, the Commission shall have authority to continue the hearing to a certain date to be announced at the hearing. The reasons may include the receipt of additional information offered by the applicant or others, or information or plans required from the applicant or others, deemed necessary by the Commission at its discretion, or comments and recommendations of boards and officials listed in § 154.09. In the event that the applicant objects to a continuance, the Commission may, in its discretion, close the hearing and take action on the information as is available. The Commission may also continue the hearing without the consent of the applicant pending the submission of requested information, or a date, announced at the hearing, within 21 days of receipt of a completed notice of intent.
(2)
The Commission may continue the public hearings with the consent
of the applicant, which may be given in writing or orally at the hearing,
as follows:
(a)
To an agreed-upon date, which shall be announced at the hearing;
or
(b)
For a period not to exceed 21 days after the submission of a
specified piece of information or the occurrence of a specified action.
(c)
The date, time and place of the continued hearing shall be publicized
in accordance with Mass. Gen. Laws Ch. 131, § 40, and notice
shall be sent to any person at the hearing who so requests in writing.
(3)
A notice of intent shall be presumed to have expired two years
after the date of filing unless the applicant submits information
showing that:
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the application will not have a significant or cumulative effect
on the interests protected by this chapter. Failure to provide adequate
evidence to the Commission supporting that burden shall be sufficient
cause for the Commission to deny a permit or grant a permit with conditions.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
(A)
Any person filing an application for permit or request for determination
with the Commission shall provide a notice to departments form at
the same time, by certified mail or hand delivery, to the offices
of the City Council, City Planning Board and Board of Appeals, City
Board of Health, City Building Inspector, City Manager, City Department
of Public Works and the Conservation Commissions of any adjoining
municipalities of projects proposed along the borders or within 300
feet of those municipalities.
(B)
The Commission shall not take final action until those boards and
officials have had 14 days from receipt of notice to file written
comments and recommendations with the Commission, which the Commission
shall take into account but which shall not be binding on the Commission.
Any written comments and recommendations that are not privileged will
be provided to the applicant and owner when they are filed with the
Commission. The applicant and owner shall have the right to respond
to the written comments and recommendations at a hearing of the Commission
prior to final action.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
(A)
If the Commission, after a public hearing, determines that the area
and activity that are the subject of an application or the water or
land uses which will result therefrom are likely to have a significant
individual or cumulative effect on the interests protected by this
chapter, it shall issue or deny a permit for the work requested within
21 days of the close of the hearing. If the Commission issues a permit,
it may impose conditions which it deems necessary or desirable to
protect the interests of this chapter, and all activities shall be
done in accordance with those conditions. The conditions may include,
but are not limited to, a condition that portions of the land shall
not be altered or built upon. The Commission shall take into account
the cumulative, adverse effects of loss, degradation, isolation and
replication of protected resource areas throughout the community and
watershed, resulting from past activities, permitted and exempt, and
foreseeable future activities.
(B)
The Commission shall give due consideration to any demonstrated hardship
on the applicant by reason of denial, as presented at the public hearing.
The Commission may waive specifically identified and requested procedures,
design specifications, performance standards, or other requirements
set forth in its regulations, provided that:
(1)
The Commission finds in writing after a public hearing that
there are no reasonable conditions or alternatives that would allow
the proposed activity to proceed in compliance with the regulations;
(2)
That avoidance, minimization and mitigation have been employed
to the maximum extent feasible; and
(3)
That the waiver is necessary to accommodate an overriding public
interest or to avoid a decision that so restricts the use of the property
as to constitute an unconstitutional taking without compensation.
This provision will not authorize a variance that would conflict with
the Wetlands Protection Act.
(C)
The Commission is authorized to deny a permit for failure to meet
the requirements of this chapter or its regulations; for failure to
submit all necessary information or plans requested by the Commission;
for submission of substantially inaccurate or false information; for
failure to avoid or prevent significant cumulative impacts upon the
interests protected by this chapter; or where no conditions can be
imposed that would adequately protect the interests protected by this
chapter.
(D)
In reviewing activities within the buffer zone, the Commission shall
presume the buffer zone is important to the protection of other resource
areas because activities undertaken in close proximity have a high
likelihood of adverse impact, either immediately, as a consequence
of construction, or over time, as a consequence of daily operation
or existence of the activities. These adverse impacts from construction
and use can include, without limitation, erosion, siltation, loss
of groundwater recharge, poor water quality, and loss of wildlife
habitat. The Commission may establish, in its regulations, design
specifications, performance standards, and other measures and safeguards,
including setbacks, no-disturb areas, no-build areas, and other work
limits for protection of such lands, including without limitation
strips of continuous, undisturbed vegetative cover, unless the applicant
convinces the Commission that the area or part of it may be disturbed
without harm to the interests protected by this chapter.
(E)
In reviewing activities within the riverfront area, the Commission
shall presume the riverfront area is important to all the resource
area interests unless demonstrated otherwise, and no permit issued
hereunder shall permit any activities unless the applicant, in addition
to meeting the otherwise applicable requirements of this chapter,
has proved by a preponderance of the evidence that:
(1)
There is no practicable alternative to the proposed project
with less adverse effects; and
(2)
That such activities, including proposed mitigation measures,
will have no significant adverse impact on the areas or interests
protected by this chapter. The Commission shall regard as practicable
an alternative which is reasonably available and capable of being
done after taking into consideration the proposed property use, overall
project purpose (e.g., residential, institutional, commercial, or
industrial), logistics, existing technology, costs of the alternatives,
and overall project costs.
(F)
To prevent resource area loss, the Commission shall require applicants
to avoid alteration wherever feasible; to minimize alteration; and,
where alteration is unavoidable and has been minimized, to provide
full mitigation. The Commission may authorize or require replication
of wetlands as a form of mitigation, but only with specific plans,
professional design, proper safeguards, adequate security, and professional
monitoring and reporting to assure success, because of the high likelihood
of failure of replication.
(G)
The Commission may require a wildlife habitat study of the project
area, to be paid for by the applicant, whenever it deems appropriate,
regardless the type of resource area or the amount or type of alteration
proposed. The decision shall be based upon the Commission's estimation
of the importance of the habitat area considering (but not limited
to) such factors as proximity to other areas suitable for wildlife,
importance of wildlife corridors in the area, or actual or possible
presence of rare plant or animal species in the area. The work shall
be performed by an individual who at least meets the qualifications
set out in the wildlife habitat section of the Wetlands Protection
Act regulations (310 C.M.R. 10.60).
(H)
The Commission shall presume that all areas meeting the definition of vernal pools under § 154.02 of this chapter, including the adjacent area, perform essential habitat functions. This presumption may be overcome only by the presentation of credible evidence which, in the judgment of the Commission, demonstrates that the basin or depression does not provide essential habitat functions. Any formal evaluation should be performed by an individual who at least meets the qualifications under the wildlife habitat section of the Wetlands Protection Act regulations.
(I)
If in its consideration of an application or request for determination,
the Commission determines in its discretion that the area is deemed
not likely to be significant to the interests protected by this chapter,
the Commission shall inform the applicant in writing that the work
does not require a permit.
(J)
In acting on a request for determination, the Commission may impose
conditions on its determination, and the determination shall be contingent
on compliance with those conditions.
(K)
Permits shall expire on the date specified by the Commission, not
later than three years from the date of issuance. Any permit may be
extended for one year at the Commission's discretion, provided that
a request for an extension is received in writing by the Commission
30 days prior to expiration of the original form. Notwithstanding
the above, a permit may identify requirements which shall be enforceable
for a stated number of years, indefinitely, or until permanent protection
is in place, and shall apply to all present and future owners of the
land.
(L)
For good cause the Commission may revoke or modify any permit, determination of applicability, or order of resource area delineation (ORAD) or any other order, determination or other decision issued under this chapter after notice to the holder, the public, abutters, and City boards, pursuant to §§ 154.07 and 154.09, and after a public hearing.
(M)
No work proposed in any application shall be undertaken until the
applicant has recorded the permit, or ORAD issued by the Commission
with respect to such work 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 document has
been recorded. If the applicant fails to perform the recording, the
Commission may record the documents itself and require the applicant
to furnish the recording fee therefore, either at the time of recording
or as a condition precedent to the issuance of a certificate of compliance.
(N)
The Commission may, at its discretion, combine the permit or determination
or other action on an application or request for determination under
this chapter with the order of conditions or determination or other
action issued under the Massachusetts Wetlands Protection Act.
[Ord. 67, passed 9-9-2008]
(A)
The Commission may amend the conditions contained in the permit issued under the provisions of § 154.10 of this chapter. Amendments that may be approved by the Commission shall be limited to the following:
(B)
The Commission shall not approve any amendments to permit conditions
for work that has been completed in accordance with the provisions
contained in the original permit.
(C)
The Commission may revoke or modify a permit issued under this chapter
if the applicant and/or his or her successor(s) fail(s) to comply
with the terms of the permit.
(D)
No revocation or substantial modification shall be voted until after
the Commission has conducted a public hearing on the matter with notice
to the permit holder and any other entity entitled to notice under
the original permit application.
[Ord. 67, passed 9-9-2008]
(A)
After public notice and hearing, the Commission may promulgate rules
and regulations to effectuate the purposes of this chapter. The regulations
will be effective when voted by the Commission and filed with the
Watertown Clerk. Failure of the Commission to promulgate rules and
regulations or a legal declaration of their invalidity by a court
of law may not suspend or invalidate the effects of this chapter.
Any regulations in effect as of the date of the enactment of this
chapter may remain in effect until new regulations are issued, except
that any existing regulations that are inconsistent with this chapter
may be superseded by this chapter.
(B)
Public notice of any public hearing on rules and regulations may
be given at least three weeks prior to the hearing by publication
in a newspaper of general circulation in Watertown and by posting
in the office of the City Clerk.
(C)
At a minimum, these regulations may define key terms in this chapter
not inconsistent with the chapter and procedures governing the amount
and filing of fees. If the regulations do not contain a definition
for a term used in this chapter, the definition of the term contained
in 310 C.M.R. 10.00 may apply.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
As part of a permit issued under this chapter, in addition to
any security required by any other municipal or state board, agency
or official, the Commission may require that the performance and observance
of the conditions imposed thereunder (including conditions requiring
mitigation work) 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 or
other undertaking of financial responsibility sufficient in the opinion
of the Commission, to be released in whole or in part upon issuance
of a certificate of compliance for work performed pursuant to the
permit;
(B)
By accepting 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 City, whereby
the permit conditions shall be performed, and observed before any
lot may be conveyed other than by mortgage deed. This method shall
be used only with the consent of the applicant.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
(A)
No person shall remove, fill, dredge, build upon, degrade or otherwise
alter resource areas protected by this chapter, or cause, suffer,
or allow such activity, or leave in place unauthorized fill, or otherwise
fail to restore illegally altered land to its original condition,
or fail to comply with a permit or an enforcement order issued pursuant
to this chapter.
(B)
The Commission and its agents, officers and employees shall have
authority to enter upon privately owned land at reasonable times to
the extent consistent with constitutional authority for the purpose
of performing their duties under this chapter, and may make or cause
to be made examinations, surveys or sampling as the Commission deems
necessary.
(C)
The Commission shall have authority to enforce this chapter, its
regulations, and permits issued thereunder by violation notices, administrative
and civil and criminal court actions. The Commission may order any
person who violates provisions of this chapter to restore the property
to its original condition and take other action deemed necessary by
the Commission to remedy the violations, including, but not limited
to, delineating the resource area boundary as it existed prior to
the alteration, or may be fined, or both. Municipal boards and officials,
including any police officer or other officer having police powers,
shall have authority to assist the Commission in the enforcement of
this chapter.
(D)
Upon request of the Commission, the City Manager and the City Attorney
shall take legal action for enforcement under the civil law. Upon
request of the Commission, the Chief of Police shall take legal action
for enforcement under criminal law.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
This chapter is adopted under the Home Rule Amendment of the
Massachusetts Constitution and the Home Rule Statutes, independent
of the Wetlands Protection Act, Mass. Gen. Laws Ch. 131, § 40,
and regulation thereunder. This chapter is intended to provide a greater
degree of protection to the listed resource areas, values and interests
than the Wetlands Protection Act or regulations thereunder.
[Ord. 493, passed 2-26-1987; amended Ord. 67, passed 9-9-2008]
Any person who violates any provision of this chapter, regulations
promulgated thereunder, or any permit or finding issued thereunder,
shall be punished by a fine of not more than $300 for each offense.
Each day or portion thereof during which a violation continues shall
constitute a separate offense, and each provision of the chapter,
regulations, or permit or findings violated, shall constitute a separate
offense.
