[HISTORY: Adopted by the Special Town Meeting of the Town
of Southampton 10-17-2020 as Art.
XXX of the General Bylaws. Amendments noted where applicable.]
The Wetlands Protection Bylaw (hereinafter referred to as the
"bylaw") is promulgated by the Town of Southampton Conservation Commission
(hereinafter the "Commission") pursuant to the authority granted by
the Town of Southampton. The Wetlands Protection Bylaw was adopted
to protect additional resource areas, with additional standards and
procedures to augment those of the Wetlands Protection Act (MGL c.
131, § 40) and regulations thereunder (310 CMR 10.00).
A.
The purpose of this bylaw is to aid in the consistent and effective
implementation of the Wetlands Protection Act, MGL c. 131, § 40,
by way of further definition. The bylaw is to maintain the quality
of the surface water and the quality and level of the groundwater
table and water recharge areas for existing or potential water supplies;
to protect the public health and safety; to protect persons and property
against the hazards of floodwater inundation; and to provide for the
reasonable protection and conservation of certain irreplaceable natural
features, resources and amenities for the benefit and welfare of the
present and future inhabitants of the Town of Southampton.
B.
Accordingly, this bylaw protects the wetlands, water resources, and
adjoining land areas in the Town of Southampton by providing prior
review and control of activities deemed by the Commission to have
significant or cumulative detrimental effect upon the following resource
area values. These values (collectively, the "resource area values
protected by this bylaw") include, but are not limited to:
(1)
Protection of public water supply.
(2)
Protection of groundwater.
(3)
Flood control.
(4)
Erosion and sedimentation control.
(5)
Storm damage prevention.
(6)
Prevention of water pollution.
(7)
Protection of fisheries and wildlife habitat and rare species habitat,
including rare plant species.
(8)
Recreation, agriculture and aquaculture.
Except as otherwise provided in this bylaw, the definitions
of terms in this bylaw shall be as set forth in the Wetlands Protection
Act, which terms, as used herein, shall include the provisions of
MGL c. 131, § 40, and in 310 CMR 10.00.
Includes the following actions, without limitation, when
undertaken to, upon, within or affecting resource area values 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,
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 change elevation.
Driving of piles, erection, or expansion of buildings, or structures
of any kind.
Dredging or filling of land under water bodies.
Placing of obstructions or objects in water or waterways.
Destruction of plant life including cutting of trees.
Changing water temperature, biochemical oxygen demand or other
physical, biological, or chemical characteristics of any waters.
Any activities, changes or other work which may cause or tend
to contribute to pollution of any body of water or groundwater, including,
without limitation, any activity that may cause surface water runoff
contaminated with sediments, chemicals, or animal wastes.
Application of pesticides or herbicides.
Storage of floodwaters and stormwater runoff waters.
Incremental activities that have or may have a cumulative adverse
impact on the resource area values protected by this bylaw.
Any freshwater wetlands; marshes; wet meadows; bogs; swamps;
lakes; ponds; rivers; streams; creeks; banks; beaches; vernal pools;
isolated wetlands; lands under water bodies; lands subject to flooding
or inundation by groundwater or surface waters; riverfront area as
stated in the Wetlands Protection Act, MGL c. 131, § 40,
and in regulations 310 CMR 10.58(2).
A.
Resource areas. Except as permitted by the Commission or as provided
by the bylaw, no person shall commence to remove, fill, dredge, build
upon, degrade, discharge into, or otherwise alter any resource area
or conservation zone.
B.
Buffer zones.
(1)
Any activity proposed or undertaken within 100 feet of a resource
area, which shall be referred to as a "buffer zone," shall be subject
to regulation under this bylaw. Buffer zones are vital in protecting
the resource area of the bylaw in many ways, including but not limited
to:
[Amended 5-9-2023 ATM
by Art. 31]
(a)
Slowing water flow, thereby decreasing water velocities, allowing
infiltration, providing flood control and reducing the erosion potential
of stormwater runoff.
(b)
Trapping sediment and other insoluble pollutants, thereby decreasing
or preventing pollution of the wetlands and water bodies.
(c)
Reducing nutrient overloading by filtering nutrients bound to
sediment in the surface flow and removing nutrients from groundwater
through uptake in vegetation.
(d)
Providing permeable soils that contribute to groundwater recharge.
(e)
Producing leaf litter and biomass which increases the humus
content of the soil and increase in absorption and infiltration.
(f)
Scattering sunlight and providing shade thereby lowering water
temperature within wetlands and water bodies.
(g)
Providing essential habitat for wetland-associated species.
(h)
Providing a visual separation between wetlands and developed
environments.
(2)
Lands within a buffer zone are deemed by the Commission to be important
to the protection of these resource areas. Activities undertaken in
close proximity to resource areas have a higher likelihood, than those
activities distanced from resource areas, of adverse impact upon resource
areas, 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.
C.
Conservation zone.
(1)
Land within a buffer zone is deemed by the Conservation Commission
to be significant to wildlife, public and private water supply, and
to the prevention of pollution. The natural vegetation plant communities
and indigenous soils provide important shelter, nesting, feeding,
and migratory areas for wildlife associated with the adjacent wetlands.
Forested upland vegetation provides an important buffer that maintains
air temperatures, light regimes, and habitat quality within the resource
area. These areas provide key function in the attenuation and uptake
of pollutants that would otherwise be discharged to water bodies or
wetlands. These areas act as filters which prevent erosion and decrease
the nonpoint source loading of contaminants that may alter the water
quality of wetlands and other surface waters. An activity that disturbs
the vegetation and/or soil which occurs within a buffer zone is likely
to result in the alteration of the wetland through siltation, over
grading or deposition of construction debris.
(2)
Based on this information, the Conservation Commission shall require
that a twenty-five-foot-wide strip of undisturbed vegetation within
a buffer zone, called the "conservation zone," be maintained adjacent
to any resource area but not including lands subject to flooding or
the 200-foot riverfront area. No work, structures or alterations will
be allowed within the conservation zone unless permitted by the Commission,
except for minor activities, such as mowing, gardening, and pruning
within existing lawn, garden or landscaped areas, currently occurring
at the time of the adoption of this bylaw (January 19, 2021).[1] The conservation zone shall not apply to artificially
created stormwater management structures such as detention and retention
basins, artificially lined ponds, and constructed wastewater treatment
lagoons.
[1]
Editor's Note: This bylaw was adopted by the Special Town
Meeting 10-17-2020 and approved by the Attorney General 1-19-2021.
(3)
The conservation zone for vernal pools will be based on the size
of the basin, with a twenty-five-foot setback of undisturbed vegetation
for vernal pools less than 10,000 square feet, and a fifty-foot setback
of undisturbed vegetation for vernal pools 10,000 square feet or greater
in size.
(4)
Where the conservation zone is already altered in such a manner that
the presumed protection offered by the buffer zone is not being met,
the Commission may issue an order of conditions for a project, provided
that it finds that the proposed activities will not increase adverse
impacts on that specific portion of the conservation zone or associated
resource areas, and that there is no technically feasible alternative.
In such cases the Commission may modify the scope and detail of the
proposed project to minimize impact on or improve protection of the
values protected by the bylaw.
(5)
Local stream (intermittent). A local stream is defined as any ditch,
channel, swale or naturally occurring depression that conveys any
type of water for 30 or more days within a calendar year. Local streams
are important for storm damage prevention, flood control, groundwater
protection, wildlife habitat, and recreation values. During the spring,
summer and fall these streams disperse snowmelt and storm runoff across
the landscape, thereby preventing dangerous volumes and flows from
spilling over roadways and property. This broad dispersal also allows
for larger volumes of water to infiltrate into the ground, recharging
groundwater supplies. Local streams are an essential source of food
and water for wildlife and are often the only source of water in higher
elevations in Town. During all seasons, but especially in winter and
spring, local streams act as essential corridors for animal movement,
especially when food is scarce. Accordingly, this bylaw protects local
streams, their associated bordering vegetated wetlands (if present)
and the adjacent buffer zone within 100 feet of the bank of those
streams.
(6)
Rivers (perennial streams). For the purpose of this bylaw, the protections
afforded to riverfront areas under the 1996 amendment to the Massachusetts
Wetlands Protection Act shall extend the reach of jurisdiction 200
feet from the mean annual high-water line (MAHWL) of a stream or river
as specified by the Act.
(7)
Vernal pools.
(a)
Vernal pools are temporary pools of water that provide habitat
for distinctive plants and animals. They are considered to be a distinctive
type of wetland usually devoid of fish, and thus allow the safe development
of natal amphibian and insect species unable to withstand competition
or predation by fish.
(b)
The Commission shall presume that all areas meeting the definition
of "vernal pools" of this bylaw, and the adjacent upland 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 vernal pool habitat functions. Any formal evaluation
should be performed by an individual meeting the qualifications under
the wildlife habitat section of the Wetlands Protection Act regulations.[2]
[2]
Editor's Note: See 310 CMR 10.60.
(8)
Isolated wetlands. Isolated wetlands are areas of wetland vegetation
which are subject to flooding and consist of isolated depressions
or closed basins which serve as a ponding area for runoff or high
groundwater. Such areas must be at least 400 square feet in area and
may include kettle holes and bogs.
Within 100 feet horizontally outward from the edge of a resource
area, 200 feet horizontally outward from the mean annual high-water
line (MAHWL) of a perennial stream, any activity proposed or undertaken
which, in the judgment of the Commission, alters any area subject
to protection under the bylaw is subject to regulation under the bylaw
and requires the filing of a notice of intent (NOI). If the applicant
is in any doubt as to whether an activity is subject to regulation,
a request for a determination of applicability (RDA) should be filed.
A.
Commission quorum. More than half of the members of the Commission
must be present to conduct business and to hold a public meeting.
[Amended 6-13-2021 ATM
by Art. 10]
B.
Time frames for submission of documentation.
(1)
All documentation, including plans, maps, tables, charts, consultant
reports, etc., to be considered by the Commission for permit filing
must be submitted to the Commission no later than two weeks before
the Commission meeting date. The Commission meets once or twice a
month (dates are subject to change; meeting agendas are posted in
Town Hall).
(2)
An administrative review will be conducted upon submission which
includes fees, plans, documents, maps, wetland delineation data, and
drainage studies required for the submission. The administrative review
will last up to five days. Only after said review has determined that
the application is complete will the public hearing date be scheduled,
and a public notice will be issued. The Commission shall have 21 days
to hold a public hearing from the date a completed application is
received.
(3)
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.
(4)
The Commission shall have the authority to continue the hearing to
a date certain announced at the hearing, for reasons stated at the
hearing, which may include receipt of additional information offered
by the applicant deemed necessary by the Commission in its discretion,
or comments and recommendations of other Town boards and officials,
as appropriate. 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.
C.
Requests for determination of applicability (RDA, WPA Form 1). The
purpose of the request for determination of applicability (RDA) is
to allow the Commission to determine whether a project will alter
or change a resource area and, if this is the case, a notice of intent
(NOI) will have to be filed. The RDA shall be submitted on a WPA Form
1 and shall include such additional information and plans as are deemed
reasonably necessary by the Commission.
D.
Notice of intent (NOI, WPA Form 3). Any person who proposes to do
work that will remove, fill, dredge, build upon, or alter any resource
area shall submit a notice of intent (NOI) consisting of application
materials required under notice of intent (MGL c. 131, § 40,
and 310 CMR 10.00). The NOI shall be submitted on a WPA Form 3 and
shall include such additional information and plans as are deemed
reasonably necessary by the Commission.
E.
Notice of intent (NOI) permit.
(1)
Within 21 days of the close of the public hearing, the Commission
shall issue a permit approving the project or deny approval of the
project. The written decision shall be signed by more than half of
the Commissioners in office. The signed permit will be issued by certified
mail or hand delivery to the applicant or the application representative.
If the project is approved, the Commission shall impose conditions
as are necessary for the protection of the interests of the bylaw.
(2)
Before work can commence on the project:
(a)
The order of conditions has become final and then recorded in
the Registry of Deeds of Hampshire County or the Land Court, within
the chain of title of the affected property. A copy of such filing
shall be sent to the Commission, including the book and page or document
reference number. The applicant is responsible for such recording
of the order of conditions.
(b)
A pre-construction site visit shall be conducted with the applicant
or representative, builder and Commission members to review all orders
of conditions including inspection and approval of all erosion control
measures.
(3)
If
work commences before the above conditions are met, an enforcement
order may be issued by the Commission.
(4)
Any
change made or intended to be made in the plans shall require the
applicant to file an amended notice of intent or to inquire in writing
of the Commission whether the change is so substantial as to require
a new filing. The applicant shall not proceed with any changes until
the Commission issues its written approval.
(5)
Under
the bylaw, a permit shall prohibit any work or portion thereof that
cannot be conditioned to protect said interests. If the permit is
denied, it shall be for one of the following reasons:
(a)
For failure to meet the requirements of the bylaw.
(b)
For failure to provide necessary information and plans requested
by the Commission.
(c)
For failure to avoid or prevent unacceptable or cumulative effects
upon the resource area values protected by the bylaw.
(d)
Where no conditions are adequate to safeguard the resource area
values protected by the bylaw.
(6)
A permit
shall be valid for three years.
A.
The application and permit required by this bylaw shall not be required
for maintaining, repairing, remodeling, but not substantially changing
or enlarging, an existing and lawfully located single-family residential
structure or customary appurtenance thereto, as long as the footprint
of any proposed addition is not any closer to the wetland or other
resource areas than the existing structure, and there is no reasonable
alternate location on the owner's property for the new structure that
is further from the resource areas, as determined by the Commission.
B.
The Commission may issue a generic or ongoing permit for maintaining,
repairing, or replacing an existing and lawfully located structure
or facility used in the service of the public to provide electric,
gas, water, telephone, telegraph or other telecommunication services,
storm drainage, and sewer, provided that the structure or facility
is not substantially changed or enlarged, as determined by the Commission,
and provided that written application has been given to the Commission
prior to commencement of work, and provided that the work conforms
to performance standards and design specifications adopted by the
Commission. These standards and specifications shall conform to the
best management practices in the Commonwealth of Massachusetts. This
ongoing permit may apply to other institutions in Town with facilities
and structures for normal maintenance activities within the buffer
zone, as determined by the Commission. Examples include but are not
limited to educational institutions, fire districts, golf courses,
spraying for aquatic plant management and residential retirement communities.
C.
The application and permit required by this bylaw shall not apply
to emergency projects necessary for the protection of the health or
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 of the emergency project,
and 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. Upon failure to meet these and other requirements
of the Commission, the Commission may, after notice and public hearing,
revoke or modify an emergency project approval and order restoration
and mitigation measures.
D.
The application and permit required by this bylaw shall not be required
for work performed for normal maintenance or improvement of land which
is lawfully land in agricultural use, as defined in the Wetlands Protection
Act regulations, 310 CMR 10.04, at the time the work takes place.
E.
Exceptions clearly stated in the Wetlands Protection Act and regulations
thereunder are not extinguished by the bylaw.
A.
The Commission can extend a permit twice for an additional one-year period. Request for extensions shall be made in writing to the Commission with the filing fee (see § 264-9) at least 30 days prior to the expiration of the permit.
B.
The extension permit shall be recorded in the Registry of Deeds of
Hampshire County or the Land Court. A copy of such filing shall be
sent to the Commission, including the book and page or document reference
number. The applicant is responsible for the recording of such extension
permit. If work commences without the applicant so recording the extension
permit, an enforcement order may be issued by the Commission.
C.
If the applicant does not request an extension for his/her project
at the end of the three-year period of the order of conditions, any
work on the project must stop until a new notice of intent has been
filed with the Commission, and a new order of conditions duly issued
and recorded.
A.
Upon completion of the work described herein, the applicant shall
submit a written request for a certificate of compliance, WPA Form
8A. The Commission shall act upon the request within 21 business days.
B.
For projects completed according to plans stamped and signed by a
professional engineer or other registered professional, the request
must include written indication (usually in the form of a letter)
from such professional that the work was completed in compliance with
the permit and to explain any deviations, if any. As-built plans are
to be submitted if the project has changed from the original project
plans.
C.
Prior to the issuance of the certificate of compliance, a site visit
by the Commission is to be made in the presence of the applicant or
a representative of the applicant.
D.
If the Commission finds that all general and specific conditions
have been met, and the project has proceeded according to the approved
plans, a certificate of compliance is issued.
E.
If the Commission determines, after review and inspection, that the
work has not been done in compliance with the permit, it may refuse
to issue a certificate of compliance. A partial certificate of compliance
can be issued for a portion of the project, as long as all work and
mitigation for that portion have been completed.
F.
If the permit contains conditions which continue past the completion
of work, such as maintenance or monitoring, the certificate of compliance
shall certify which, if any, of such conditions shall continue. The
certificate shall also specify to what portions of the work it applies,
if it does not apply to all the work regulated by the permit.
G.
The certificate of compliance (including any continuing conditions)
will be recorded by the applicant in the Registry of Deeds or the
Land Court of Hampshire County, within the chain of title of the affected
property. A copy of such filing shall be sent to the Commission, including
the book and page or document reference number. The applicant is responsible
for recording of such certificate of compliance.
The following pertains to the filing fees:
A.
Any person filing an application for request for determination of
applicability (RDA) or notice of intent (NOI) pursuant to the bylaw
shall, at the same time, pay a filing fee in accordance with the filing
fee schedule.
B.
Filing fees should be made payable to the Town of Southampton.
C.
The filing fee does not include the cost of the public legal notice
in the local newspaper.
D.
All recording costs at the Hampshire County Registry of Deeds or
the Land Court are the responsibility of the applicant.
E.
Applicant shall agree, in writing, to pay the reasonable fees, cost
and expenses of any expert consultant deemed necessary by the Commission.
F.
Town of Southampton, county, state, federal and legal nonprofit organization
projects are exempt from these fees.
After public notice and public hearing, the Commission shall
promulgate rules and regulations to effectuate the purposes of this
bylaw. Notice shall be given at least one week prior to the public
hearing by publication in a newspaper of general circulation in the
Town and by posting with the Town Clerk. 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. 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.
The Southampton Conservation Commission hereby adopts the following
rules in accordance with the authority of MGL c. 44, § 53G:
A.
When reviewing an application for, or when conducting inspections
in relation to, request for determination of applicability (RDA),
notice of intent (NOI), an abbreviated notice of intent (ANOI) or
an abbreviated notice of resource area delineation (ANRAD), the Southampton
Conservation Commission may determine that the assistance of outside
consultants is warranted due to the size, scale, technical or scientific
complexity of a proposed project, because of the project's potential
impact on resource area(s), or the Southampton Conservation Commission
lacks the necessary expertise to perform the work related to the approval
and definition of order of conditions.
B.
If the Commission determines that such assistance of outside consultant(s)
is warranted, it may require the applicant(s) to pay a project review
fee consisting of the reasonable costs incurred by the Commission
for the employment of outside consultants engaged by the Commission
to assist in the review of a proposed project.
C.
In hiring outside consultant(s), the Commission may engage engineers,
planners, lawyers, urban designers or any other appropriate professional
who can assist the Commission in analyzing the project and to ensure
compliance with all relevant laws, ordinance/bylaws, and regulations.
Such assistance may include, but is not limited to, analyzing an application,
monitoring or inspecting a project or site for compliance with Commission's
bylaw or decision, or inspecting a project during construction or
implementation.
D.
Funds received by the Commission pursuant to these rules shall be
deposited with the Town of Southampton's Treasurer/Collector who shall
establish a special account for this purpose. Expenditures from this
special account may be made at the direction of the Commission without
further appropriation. Expenditures from this special account shall
be made only for services rendered in connection with a specific project
or projects for which a project review fee has been or will be collected
from the applicant. Accrued interest may also be spent for this purpose.
Failure of an applicant to pay a review fee shall be grounds for denial
of the approval of the project.
E.
At the completion of the Commission's review of a project, any excess
amount in the account, including interest, attributable to a specific
project shall be repaid to the applicant or the applicant's successor
in interest. A final report of said account shall be made available
to the applicant or applicant's successor in interest. For the purpose
of this rule, any person or entity claiming to be an applicant's successor
in interest shall provide the Commission with documentation establishing
such succession in interest.
F.
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Select Board. Such appeal must be
made in writing and may be taken only within 20 days after the Commission
has mailed, by first-class mail, or hand delivered notice to the applicant
of the selection. The grounds for such an appeal shall be limited
to claims that the consultant selected has a conflict of interest
or does not possess the minimum required qualifications. The minimum
qualifications shall consist either of an educational degree in or
related to the field at issue or three or more years of practice in
the field at issue or a related field. The required time limit for
action upon an application by the Commission shall be extended by
the duration of the administrative appeal. In the event that no decision
is made by the Select Board within one month following the filing
of the appeal, the selection made by the Commission shall stand.
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, 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 (WPA Form
9) issued pursuant to this bylaw.
B.
The filing of a permit application or request for determination of
applicability (RDA) shall constitute the consent of the owner and
grant the authority for the Commission and its agents, with proper
identification, to enter upon privately owned land for the purpose
of performing their duties under this bylaw. The Commission may make
or cause to be made such examinations, surveys or sampling as the
Commission deems reasonable and necessary, subject to the laws of
the United States and the commonwealth.
C.
The Commission shall have the authority to enforce this bylaw and
permits issued thereunder by violation notices, noncriminal citations
under MGL c. 40, § 21D, 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/or take other action deemed reasonable and necessary
to remedy such violations, or may be fined, or both. Any person who
violates any provisions of this bylaw may be subject to a fine in
the amount of $300 per day per offense.
[Amended 6-13-2021 ATM
by Art. 10]
(1)
Upon request of the Commission, the Select Board may direct the Town
Counsel to take legal action for enforcement under civil law. Upon
request of the Commission, the Chief of Police may take legal action
for enforcement under criminal law.
(2)
Town boards and officers, including any police officer or other officer
having police powers, shall have authority to assist the Commission
in enforcement.
(3)
Any person who violates any provision of this bylaw, permits or enforcement
orders issued thereunder shall be served with a notice of violation
enumerating the alleged violations. If after 10 business days the
Commission has not received what it deems to be either sufficient
evidence demonstrating that no violations have occurred or a filing
that will remove the violations along with evidence that sufficient
progress is being made to correct the violation, then the violator
shall be punished by a fine of $300 per day per offense. Beginning
10 business days after the date of the notice of violation 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, permits, or enforcement
orders violated shall constitute a separate offense.
The intent of this section is to secure against the potential
of significant environmental damage. 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 Commission may require that
the performance and observance of the conditions imposed hereunder
(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 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 Southampton and
members of the public, 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.
The bond or covenant shall, in the case of the bond, be given to the
Town, and in the case of a covenant, be recorded in the Registry of
Deeds or the Land Court at least 10 business days before the start
of any work under the permit.
A.
The applicant for a permit shall have the burden of proving, by a
preponderance of credible evidence, that the work proposed in the
permit application will not have unacceptable significant or cumulative
effect upon the resource area values protected by this bylaw.
B.
Failure to provide adequate evidence to the Commission supporting
this burden shall be sufficient cause for the Commission to deny a
permit or grant a permit with conditions.
A.
Strict compliance with the bylaw may be waived when, in the judgment
of the Commission, such action is in the public interest and is consistent
with the intent and purpose of the bylaw.
B.
Any request for a waiver must be submitted to the Commission in writing
and presented at the time of filing along with a written justification
stating why a waiver is desired or needed, is in the public benefit,
and is consistent with the intent and purpose of the bylaw. The waiver
is intended to be employed only in rare and unusual cases.
A decision of the Conservation Commission under this bylaw shall
be reviewable in Superior Court in accordance with MGL c. 249, § 4.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision or phrase thereof, nor
shall it invalidate any permit which previously has been issued.
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 the regulations, 310
CMR 10.00, thereunder.
The effective date of this bylaw is the date after the bylaw
has been approved by the Attorney General and published by the Town
Clerk as set forth in MGL c. 40, § 32. The bylaw shall not,
however, apply to:
A.
Any structure or activity lawfully in existence or lawfully begun
prior to the effective date.
B.
Any structure or activity which is the subject of a pending notice
of intent or request for determination of applicability filed under
the Massachusetts Wetlands Protection Act (MGL c. 131, § 40)
prior to the effective date.
C.
Any structure or activity which has an orders of conditions, order
of resource area delineation, or determination of applicability or
other Commission decision filed under the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and that is still in effect prior
to the effective date. These orders or determinations shall expire
at the end of their legally regulated term, which is usually three
years from date of issuance, after which any new work will be subject
to the provisions of this bylaw.
D.
Any structure or activity for which any extensions of or modifications
or amendments to a current order of conditions or notice of intent
were approved prior to the effective date. These extensions, modifications
and amendments shall remain in effect until the end of their legally
regulated term, which is usually three years from date of issuance,
after which any new work will be subject to the provisions of this
bylaw.
[Amended 5-9-2023 ATM
by Art. 31]
The Chair, with the approval of a majority of the Commission,
may appoint individuals for the purpose of assisting the Commission.
Such individuals shall be referred to as "associate members," shall
be non-voting members, and shall serve for a term of one year and
may be reappointed as deemed appropriate by a majority of the Commission.
