A.
The Commission shall convey all site-specific pre-construction requirements
within the order of conditions or the determination of applicability.
The following general pre-construction requirements apply to all orders
of conditions unless specifically waived by the Commission:
(1)
Before any clearing, grading, filling, or any other construction
activity, a continuous siltation barrier shall be built according
to plans and as presented during the hearing, to control potential
surface water flow and intercept sediment from the work area. The
preferred siltation barrier is built according to the following diagram:
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(2)
Once the siltation barrier is in place, the Agent to the Harvard
Conservation Commission should be called (978-456-4100 Extension 321)
for inspection and approval to proceed. Please allow five working
days for scheduling an inspection. No other work may be undertaken
until this approval is complete. The inspection will also include
other pre-construction conditions as noted in the order of conditions,
such as the posting of the DEP file number.
(3)
Following siltation barrier approval, no storage of materials, tree
or brush cuttings, or any construction activity may take place outside,
on the wetlands side, of the diked area. The siltation barrier is
considered the "limit of disturbance and activity" and absolutely
no activity shall take place in that area without the express approval
of the Commission.
(4)
As soon as possible, but in no event later than 24 hours after each
rain storm, the siltation barrier shall be inspected and replaced
or repaired as needed. Any material accumulated behind the barrier
shall be removed promptly and placed appropriately in the work area,
not in the wetland or buffer zone; or trucked off site and deposited
in an approved upland fill site. Any accidental damage to the siltation
barrier must be repaired within one day and no work may proceed on
the site until damage to the barrier is corrected. No work will take
place during or immediately after rain storms.
As part of a permit issued pursuant to this chapter, the Commission
shall impose such conditions as are necessary to protect the value
of the wetlands, related water resources and adjoining land areas
under its jurisdiction.
The Commission may require, as a condition of a permit, that
certain work shall be performed within specific periods of time.
Permits issued pursuant to this chapter and these regulations
may be combined and released within an order of conditions which may
be issued pursuant to M.G.L. Chapter 131 § 40, as amended.
If the Commission deems that the interests stated in this chapter
are not adequately protected under the terms of the petitioner's proposal,
the Commission may refuse to issue a permit. When the Commission votes
to deny a permit, it shall issue a written decision.
The applicant may be required to send copies of permits and
decisions issued pursuant to this chapter to the Select Board, Planning
Board, Driveway Inspector, Fire Department, Bare Hill Pond Watershed
Management Committee, Board of Health, or Building Commissioner.
The Commission may issue an extension permit for a period of
one year, up to three years, provided that a written request for an
extension is filed at least 30 days prior to the expiration date of
the permit.
The Commission may revoke or amend a permit issued under this
chapter if any of the following circumstances occur:
A.
Revocation.
(1)
The petitioner and/or his successors fail(s) to comply with the terms
of the permit.
(2)
The petitioner and/or his successors fail(s) to comply with the terms
of other Town permits which have been issued for the project and the
issuing authority has requested in writing that the Commission revoke
the wetlands permit.
B.
Amendment.
(1)
Relatively minor changes which result in the same or decreased impact
on the interests protected by the Act and this chapter may be effectuated
through an Amendment to the order of conditions.
(2)
If the Commission determines that the project purpose or scope has
changed substantially or that the interests specified in the Wetlands
Protection Act and/or the Harvard Bylaw are not protected, then no
amendment shall be issued and the applicant will be required to file
a new notice of intent.
(3)
A request to amend an order of conditions shall be submitted to the
Commission in writing at least seven days prior to the meeting of
the Commission at which it is to be initially considered. The request
shall include a narrative description of the proposed change(s) along
with a site plan showing the original design along with the proposed
change(s). A copy of the written narrative and the modified plan should,
at the same time, be submitted to the DEP regional office.
(4)
If the Commission determines that a new notice of intent is not necessary,
the Commission shall publish in a local newspaper, at the applicant's
expense, notice in the same form as utilized for notices of intent,
to inform the public that an amendment to the order of conditions
will be considered at a public hearing. In addition, the applicant
must follow the same requirements of abutter notification as if a
notice of intent were filed.
(5)
Under no circumstances will the issuance of an amended order of conditions
extend the effective date of the original final order of conditions.
The amended order shall run with the term of the original order of
conditions or the effective date of an extended order of conditions.
