The purpose of this bylaw is to protect the wetlands, related
water resources and adjoining land areas in the Town of Groveland
by controlling activities deemed by the Conservation Commission likely
to have a significant or cumulative effect upon resource area values,
including but not limited to the following: public or private water
supply, groundwater, flood control, erosion and sedimentation control,
storm damage prevention, including coastal storm flowage, water quality,
water pollution control, fisheries, shellfish, wildlife habitat, rare
species habitat, including rare plant species, agriculture, aquiculture,
and recreation values, deemed important to the community (collectively,
the "resource area values protected by this bylaw"). This bylaw is
intended to utilize the Home Rule authority of this municipality to
protect additional resource areas, for additional values, with additional
standards and procedures stricter than those of the Wetlands Protection
Act, MGL c. 131, § 40, and regulations thereunder, 310 CMR
10.00.
A.
Areas
subject to protection under the bylaw. The following resource areas
are subject to protection under the bylaw:
(1)
Freshwater
wetlands;
(2)
Marshes;
(3)
Wet
meadows;
(4)
Bogs;
(5)
Swamps;
(6)
Lakes;
(7)
Rivers;
(8)
Ponds;
(9)
Streams;
(10)
Land within 100 feet of the above resource areas;
(11)
Land under water in the above areas;
(12)
Land subject to flooding or inundation by groundwater or surface
water;
(13)
Land within 100 feet of said land subject to flooding or inundation;
and
(14)
Land within 200 feet of the mean high water mark along the Merrimack
River.
B.
Activities subject to regulation under the bylaw. Any activity proposed or undertaken which will remove, fill, dredge, build upon or alter a resource area specified in Subsection A herein is subject to regulation under the bylaw and requires the filing of a notice of intent (NOI) or request for determination (RFD). In the event the Conservation Commission determines that an activity outside said resource areas has altered an area subject to protection under the bylaw, it shall impose such conditions on the activity or any portion thereof as it deems necessary to contribute to the protection of the interests identified in the bylaw.
A.
The application
and permit required by this bylaw shall not be required for 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 agency 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.
B.
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 for determination or permit 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. See § 30-3.1D(1) through (21) for plan requirements.
B.
The Commission
in appropriate cases 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 in writing request a determination from
the Commission. Such a request for determination of applicability
(RDA) shall include information and plans as are deemed necessary
by the Commission. Said RDA shall be submitted to the Commission on
the appropriate form as issued by the MASS DEP and the Commission.
D.
After
public notice and public hearing, the Commission is authorized to
include in any regulations adopted under this bylaw a fee schedule
imposing application fees for permits, determinations, inspections,
waivers and certificates of compliance. This application fee is in
addition to that required by the Wetlands Protection Act, MGL c. 131,
§ 40, and shall be commensurate with the costs incurred
by the Commission. Failure to pay any fee required by regulations
duly promulgated by the Commission shall be grounds for denial of
the application.
E.
Upon receipt
of a permit application or RDA, the Commission is authorized to require
an applicant to pay a fee for the reasonable costs and expenses borne
by the Commission for specific expert engineering and other consultant
services deemed necessary by the Commission to come to a final decision
on the application. This fee is called the "consultant fee." The specific
consultant services may include but are not limited to the resource
area survey and delineation, analysis and environmental or land use
law.
F.
The Commission
may waive the filing fee, consultant fee and costs and expenses for
a permit application or RDA filing by a government agency upon request.
G.
The Commission
may require the payment of the consultant fee at any point in its
deliberations prior to a final decision. The applicant shall pay the
fee to be put into a consultant services account of the Commission
which may be drawn upon by the Commission for specific consultant
services approved by the Commission at one of its public meetings.
(1)
The
exercise of discretion by the Commission in making its determination
to require the payment of a consultant fee shall be based upon its
reasonable finding that additional information acquirable only through
outside consultants would be necessary for the making of an objective
decision.
(2)
The
Commission shall return any unused portion of the consultant fee to
the applicant unless the Commission decides at a public meeting that
other action is necessary. Any applicant aggrieved by the imposition
of, or size of, the consultant fee, or any act related thereto, may
appeal according to the provision of the Massachusetts General Laws.
(3)
The
maximum consultant fee charged to reimburse the Commission for reasonable
costs and expenses shall be according to the following schedule:
|
Project Cost
|
Maximum Fee
|
|---|---|
|
Up to $50,000
|
No fee
|
|
$50,001 to $500,000
|
$2,500
|
|
$500,001 to $1,000,000
|
$5,000
|
|
$1,000,001 to $1,500,000
|
$7,500
|
|
$1,500,001 to $2,000,000
|
$10,000
|
|
Each additional $500,000 project cost increment (over $2,000,000)
shall be charged at an additional $2,500 maximum fee per increment.
| |
(4)
The
"project cost" means the estimated, entire cost of the project, including,
but not limited to, building construction, site preparation, landscaping
and all site improvements. The consultant fee shall be paid pro rata
for that portion of the project cost applicable to those activities
within resource areas protected by this bylaw. The project shall not
be segmented to avoid being subject to the consultant fee. The applicant
shall submit estimated project costs at the Commission's request,
but the lack of such estimated project costs shall not avoid the payment
of the consultant fee.
(5)
The
Town hereby accepts the provisions of MGL c. 44, § 53G 1/2
for the purpose of administering the consultant fee provisions of
this bylaw.
A.
Any person
filing a permit application or an RDA 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 300 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 application may be examined and/or obtained by abutters.
An affidavit of the person providing such notice or the original returned
receipt and signed certified mail receipts, with a copy of the notice
as mailed or delivered, shall be filed with the Commission, along
with a certified abutters list. 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 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 RDA, 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 municipality. An exception from advertising may be granted to
single-family homeowners for bylaw-only filings.
C.
The Commission
shall commence the public hearing within 21 days from the receipt
of the completed permit application or RDA, unless an extension is
authorized in writing by the applicant.
D.
The Commission
shall issue its permit or determination in writing within 21 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.
F.
The Commission shall have authority to continue the hearing to a certain date announced at the hearing, for reasons stated at the hearing, which may include receipt of additional information from the applicant or others deemed necessary by the Commission in its discretion, or comments and recommendations of the boards and officials listed in § 30-1.6.
The Commission shall provide a copy of any permit application
or RDA to the Planning Board, Board of Health and Building Inspector.
A copy shall also be provided to the Conservation Commission of the
adjoining municipality if the application or RDA pertains to property
within 300 feet of the municipality. The Commission shall not take
final action until the boards and officials have had at least 14 days
from the receipt of notice to file comments and recommendations with
the Commission, which the Commission shall take into account in rendering
a final decision. Lack of response shall be deemed as no comments
or recommendations by the board or official. The applicant shall have
the right to receive any comments and recommendations, and to respond
to them at a hearing of the Commission, prior to final action.
A.
If the
Commission, after a public hearing, determines that the activities
which are subject to the permit application or the land and water
uses which will result therefrom are likely to have a significant
individual or cumulative effect upon the resource area values protected
by this bylaw, the Commission, within 21 days of the close of the
hearing, shall issue or deny a permit for the activities requested.
If it issues a permit, the Commission shall impose conditions which
the Commission deems necessary or desirable to protect those values,
and all activities shall be done in accordance with those conditions.
The Commission shall take into account the cumulative adverse effects
of loss, degradation, isolation and replication of protected resource
areas through the community and the watershed, resulting from past
activities, permitted and exempt, and foreseeable future activities.
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 the regulations of
the Commission; for failure to avoid or prevent unacceptable significant
or cumulative effects upon the resource area values protected by this
bylaw; and where no conditions are adequate to protect those values.
Due consideration shall be given to any demonstrated hardship on the
applicant by reason of denial, as presented at the public hearing.
C.
Land within
100 feet of specific resource areas is presumed important to the protection
of these resources because activities undertaken in close proximity
to wetlands and other resources have a high likelihood of adverse
impact upon the wetland or other resource, 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, degraded, poor water quality and loss of wildlife
habitat. The Commission therefore may require that the applicant maintain
a strip of continuous, undisturbed vegetative cover within the 100-foot
area, unless the applicant convinces the Commission that the area
or part of it may be disturbed without harm to the values protected
by the bylaw.
D.
To prevent
wetland loss, the Commission shall require applicants to avoid wetlands
alteration wherever feasible; shall minimize wetlands alteration;
and, where alteration is unavoidable, shall require full mitigation.
The Commission may authorize or require replication of wetlands as
a form of mitigation, but only with adequate security, professional
design and monitoring to assure success, because of the high likelihood
of failure of replication.
E.
A permit
shall expire two 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 a request for renewal is received in writing by
the Commission prior to expiration. Notwithstanding the above, a permit
may contain requirements which shall be enforceable for a stated number
of years, indefinitely or until permanent protection is in place,
and which shall apply to all owners of the land.
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.
A.
ALTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
BANK
PERSON
RARE SPECIES
VERNAL POOL
In addition
to the definitions of 310 CMR 10.00, which are incorporated herein
by reference, the following definitions shall apply in the interpretation
and implementation of this bylaw:
Shall include, without limitation, the following activities
when undertaken to, upon, within or affecting resource areas protected
by this bylaw:
Removal, excavation or dredging of soil, sand, gravel or aggregate
materials of any kind;
Changing of preexisting 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, erection or repair of buildings, or structures
of any kind;
Placing of obstructions or objects in water;
Destruction of plant life, including cutting of trees;
Changing temperature, biochemical oxygen demand or other physical,
biological or chemical characteristics of any waters;
Any activities, changes or work which may cause or tend to contribute
to pollution of any body of water or groundwater;
Application of pesticides or herbicides;
Incremental activities which have, or may have, a cumulative
adverse impact on the resource areas protected by this bylaw.
Shall include 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.
Shall include any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth or political subdivision thereof to the extent subject
to Town bylaws, administrative agency, public or quasi-public corporation
or body, this municipality and any other legal entity, its legal representative,
agents or assigns.
Shall include, without limitation, all vertebrate and invertebrate
animal and plant species listed as endangered, threatened or of special
concern by the Massachusetts Division of Fisheries and Wildlife, regardless
of whether the site in which they occur has been previously identified
by the Division.
Shall include a confined basin depression, 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,
as well as the area within 100 feet of the mean annual boundary of
such a depression, regardless of whether the site has been certified
by the Massachusetts Division of Fisheries and Wildlife.
B.
Except
as otherwise provided in the 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,
310 CMR 10.00.
