[HISTORY: Adopted by the Conservation Commission
of the Town of Townsend as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-24-2023[1]]
[1]
Editor's Note: This enactment superseded former Art. I, Wetlands
Regulations, adopted 3-8-1989,
as amended.
These rules and regulations are promulgated under the Town of
Townsend Wetlands Bylaw to create a uniformity of process and to clarify
and define the provisions of the Wetlands Bylaw.[1] All filings made under MGL c. 131, § 40 in Townsend
are also subject to the Wetlands Bylaw, Town of Townsend. Some projects
in or near isolated wetlands may be subject only to the constraints
of the Wetlands Bylaw, Town of Townsend.
A.
Wetlands shall be defined by vegetation, soils, and hydrology, or
a combination of at least two out of three, and shall include intermittent
wet areas, ponds, and streams.
B.
All work shall be done in such a manner as to prevent eutrophication,
sedimentation, erosion or any other significant negative impact on
wetlands or public and private water supplies. Any intent to alter
these resources shall require a permit from the Conservation Commission.
C.
Protection of recreational and scenic areas will not constitute sole
grounds for denial. However, these values will be considered, and
applicants may be required to discuss the impact of their projects
upon such areas. The Commission may impose restrictions to lessen
the impact of the project on these and other inherent wetland values.
D.
The Conservation Commission may not regulate the design of septic
systems but may, under the Wetlands Bylaw, Town of Townsend, regulate
construction details and location in order to protect wetland values.
To minimize post-application redesigning and maximize efficiency in
the project review and to minimize delay in the permitting process,
it is recommended, where there is any question as to the delineation
of the wetland where a septic system is concerned, that the applicant
file with the Conservation Commission before requesting a permit from
the Board of Health.
E.
The Conservation Commission may, at its discretion, regulate the
type of equipment to be used within a resource area or its respective
buffer.
F.
Projects involving the application of herbicides, de-icers, dust
controllers or fertilizers shall supply trade name, constituents,
application rates and frequencies. In order to protect wildlife and
water supplies, the Commission may regulate the above procedures in
accordance with label requirements and/or other official recommendations.
The Commission may also require substitution of other substances or
procedures.
G.
For all projects, including construction of any sort, a written statement
describing construction methodology, including type of machinery to
be used, accessway to project site, proposed timetables, etc., is
required.
H.
Any hearing held under the Wetlands Bylaw, Town of Townsend, may
be continued with the applicant's consent for a reasonable time
in order to allow the applicant sufficient time to produce information
which the Commission deems necessary to make a decision on the impact
of the project. As an alternative to continuance or after failure
or refusal by the applicant to produce additional information as requested,
the Commission may deny the project.
I.
Plans, drawings, sketches and calculations shall be stamped and signed
by the person(s) responsible for their preparation. Plans and drawings
involving the practice of surveying or engineering shall be stamped
and signed by the appropriate design professional, who shall be registered
in the Commonwealth of Massachusetts.
J.
The Wetlands Bylaw, Town of Townsend, requires consideration of fisheries
and wildlife. A discussion of the effect of the proposed project on
these areas must be included.
K.
The following information is to be shown on notice of intent plans
unless deemed unnecessary or waived by the Townsend Conservation Commission:
(1)
Sheet size: maximum 30 inches by 42 inches.
(2)
Scale: as needed to show all necessary details, but at a ratio no
greater than 1:480 (e.g., one inch equals 40 feet).
(4)
North arrow.
(5)
Locus map.
(6)
Nearest utility pole number, if applicable.
(7)
Reference benchmark (vertical datum used).
(8)
Legend depicting all natural resources and significant site features.
(9)
All resource areas.
(10)
Wetland boundaries indicated by numbered points corresponding
to flags placed in the field.
(11)
100- and 500-year flood elevations.
(12)
Limit of disturbance.
(13)
High water mark for all water bodies from best available data
or observation with source noted.
(14)
All existing and approved aboveground structures, roadways,
accessways, contours, stormwater features, and other visible physical
alterations proposed.
(15)
All below-ground alterations and structures, including utility
lines, drainage structures, on-site septic systems, wells and storage
tanks.
(16)
Vegetated buffer of naturally occurring plant material: minimum
35 feet wide along all wetlands and water bodies to not be disturbed
and labeled as such.
(17)
Location of temporary and permanent erosion control.
(18)
Location of stockpiled materials, if any.
(19)
For any project other than alterations to, or associated with,
those for a single residential lot, the drainage basin in which the
site is located shall be delineated on the locus plan, as well as
any municipal water supply within that drainage basin.
(20)
All wetlands, water bodies, ditches capable of carrying water
and water supply within that drainage basin.
(21)
Calculations shall be supplied for ten- and 100-year interval
storms. Methodology and information sources shall be supplied. Calculations
should show predevelopment conditions and post-development conditions
for comparative purposes.
(22)
Buffer zone boundary lines as defined within § 138-7A(6), with the addition of:
(a)
Thirty-five and 50 feet from banks, freshwater wetlands, marshes,
bogs, wet meadows, swamps, intermittent creeks, intermittent streams,
vernal pools, isolated wetlands, and ponds/lakes not granted a 200-foot
buffer.
(b)
Thirty-five and 100 feet from rivers, perennial streams, and
ponds/lakes which are granted 200-foot buffers.
(23)
All existing topography and proposed contours at a contour interval
no greater than two feet.
(24)
Cross sections.
(25)
All proposed or completed alterations.
(26)
Replication areas.
(27)
All discharge points and culverts, including those in the public
way.
(28)
Property boundaries, rights-of-way, easements, restrictions.
(29)
Record the person(s) and firm that delineated the resource areas.
(30)
Stamp and signature of a registered professional engineer. In
circumstances where the Commission determines that no survey is required,
the stamp and signature of a registered sanitarian may be acceptable.
(31)
Note indicating the source of fill if there will be more than
2,000 cubic yards brought from offsite.
L.
Fees.
Purpose. As provided by MGL c. 44 § 53G, the Townsend Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services. Such services shall be deemed necessary by the Commission to come to a final decision on an application submitted to the Conservation Commission pursuant to the requirements of: the Wetlands Protection Act (MGL c. 131 § 40), the Townsend General Wetlands Bylaw (Ch. 138), Conservation Commission Act (MGL c. 40 § 8C), or any other state or municipal statute, bylaw or regulation, as they may be amended or enacted from time to time. The Conservation Commission may also impose fees for other consultant services, related to application review, or permit conditioning or monitoring, under any of the above-referenced laws or regulations.
Special account. Funds received pursuant to these rules shall
be deposited with the Town Treasurer who shall establish a special
account for this purpose. Expenditures from this special account may
be made at the direction of the Conservation Commission without further
appropriation as provided in MGL c. 44 § 53G. Expenditures
from this account shall be made only in connection with a specific
project or projects for which a consultant fee has been collected
from the applicant. Expenditures of accrued interest may also be made
for these purposes.
Consultant services. Specific consultant services may include,
but are not limited to, resource area survey and delineation, analysis
of resource area values, hydrogeologic and drainage analysis, impacts
on municipal conservation lands, and environmental or land use law.
Services may also include on-site monitoring during construction,
or other services related to the project deemed necessary by the Commission.
The consultant shall be chosen by, and report only to, the Commission
and/or its administrator.
Notice. The Conservation Commission shall give written notice
to the applicant of the selection of an outside consultant. Such notice
shall state the identity of the consultant, the amount of the fee
to be charged to the applicant, and a request for payment of said
fee in its entirety. Such notice shall be deemed to have been given
on the date it is delivered. No such costs or expenses shall be incurred
by the applicant if the application or request is withdrawn within
five days of the date notice is given.
Payment of fee. The fee must be received prior to the initiation
of consulting services. The Commission may request additional consultant
fees if necessary review requires a larger expenditure than originally
anticipated or new information requires additional consultant services.
Failure by the applicant to pay the consultant fee specified by the
Commission within 10 business days of the request for payment, or
refusal of payment, shall be cause for the Commission to deny the
application based on lack of sufficient information to evaluate whether
the project meets applicable performance standards in 310 CMR 10.00
and the Townsend General Wetlands Bylaw or its regulations. An appeal
stops the clock on the above deadline; the countdown resumes on the
first business day after the appeal is either denied or upheld. A
denial for lack of information may be based solely on the lack of
the third-party consultant review identified as necessary by the Commission.
The Commission shall specify in its denial the nature of the information
lacking which its chosen consultant would provide, e.g., the questions
it needs answered.
Appeals. The applicant may appeal the selection of the outside
consultant to the Board of Selectmen, which may only disqualify the
outside consultant selected on the grounds that the consultant has
a conflict of interest or does not possess the minimum required qualifications.
The minimum qualifications shall consist of either an educational
degree or three or more years of practice in the field at issue or
a related field. Such an appeal must be in writing and received by
the Board of Selectmen and a copy received by the Conservation Commission,
so as to be received within 10 days of the date consultant fees were
requested by the Conservation Commission. The required time limits
for action upon the application shall be extended by the duration
of the administrative appeal.
Return of unspent fees. When the Commission's review of
a project is completed and an order of condition issued, any balance
in the special account attributable to that project shall be returned
within 30 days. The excess amount, including interest, shall be repaid
to the applicant or the applicant's successor in interest. For
the purpose of this regulation, any person or entity claiming to be
an applicant's successor in interest shall provide the Commission
with appropriate documentation. A final report of said account shall
be made available to the applicant or applicant's successor in
interest.
As used in this article, the following terms shall have the
meanings indicated:
Those property owners whose land abuts the subject land described
in a plan subject to Townsend Conservation Commission review for a
notice of intent or a abbreviated notice of resource area delineation.
It shall also mean those property owners across a street or road,
river, stream, brook, creek or other wetland from the subject land.
The beauty of wetland-related open space.
Normal maintenance of land in agricultural use means the following
activities:
All tilling and harvesting practices customarily employed to
enhance existing conditions on land which is already in active agricultural
use.
Pasturing of animals, including the construction and maintenance
of such fences and protective structures as may be required, not to
include buildings such as barns, stables and sheds.
The use of fertilizers, pesticides, herbicides and other related
materials, subject to all state, local and federal laws and regulations
governing their use when applied outside wetland resource areas, including
floodplains.
The maintenance of field ditches, subsurface drains, grass waterways,
access roads and similar projects to prevent erosion, provide more
effective use of rainfall and to improve equipment operation efficiently,
all in order to improve conditions for the growing of crops.
The cutting and removal of trees or any products derived therefrom,
when carried out in the following manner:
Every reasonable effort shall be made to avoid or minimize access
through areas subject to the protection of the Bylaw.
Where access through areas subject to the protection of the
Bylaw is necessary, every reasonable effort shall be made to gain
such access without constructing new accessways. Such efforts shall
include, but not be limited to, maintaining and improving (but not
substantially enlarging) existing accessways and conducting operations
when the soil is frozen, dry or otherwise stable.
Improvement of land in agricultural use may also include more
extensive practices such as the building of ponds, dams, structures
for water control and sediment basins and related activities but only
where a plan for such activity approved by the Conservation District
of the Natural Resources Conservation Service is furnished to the
Townsend Conservation Commission prior to the commencement of said
work. All activity shall subsequently be carried out in accordance
with said plan. In the event that the work is not carried out in accordance
with the required plan, the Conservation Commission may place a stop
order on said work and have recourse to such measures as if the plan
were an order of conditions.
As defined in § 138-7 of the Wetlands Bylaw.
As defined in § 138-7 of the Wetlands Bylaw.
Those areas as shown in the Town of Townsend Water Supply
Protection Plan and Groundwater Flow Maps.
The area described in § 138-7 of the Wetlands Bylaw.
Any form of construction, reconstruction, repair or expansion of any building, structure, road or other way or alteration which has the potential to alter as that term is defined in § 138-7 of the Bylaw.
A volume of fill required to be removed from the edge of
a floodplain to offset placement of an equal or lesser volume of fill
at the same elevation within the floodplain. The location of the compensatory
storage shall be contiguous to, but not within, the floodplain. The
intent is to not adversely affect the flood storage capacity of the
floodplain.
Those areas as shown in the Town of Townsend water supply.
For the purposes of the Bylaw, a Mayor or Board of Selectmen,
where no Conservation Commission exists under MGL c. 40, § 8C.
Any small stream or any intermittent tributary to any brook,
river, stream or wetland resource, whether it interconnects two such
sources or not.
To clean, deepen, widen or excavate, either temporarily or
permanently.
The prevention or reduction of the detachment or movement
of soils or rock fragments by water, rain, wind, ice, melt and/or
gravity.
To deposit or place any materials so as to raise an elevation,
either temporarily or permanently.
All species of freshwater fish and shellfish.
The prevention or reduction of flooding.
Local and/or temporary rise in the surface of a body of water
such that it covers land not usually under water.
As defined in § 138-7 of the Wetlands Bylaw.
Water below the earth's surface as shown by core drilling
and/or analysis. If deemed necessary by the Commission, determination
of groundwater level may be required by the Conservation Commission
to be done when high water tables are prevalent.
See definition of "flooding."
Any body of fresh water with a surface area of 10 acres or
more, either natural or man-made, continuous or intermittent.
As defined in § 138-7 of the Wetlands Bylaw.
Such data, maps, engineering drawings, calculations, specifications,
schedules and other materials deemed necessary by the Conservation
Commission to describe the site and/or work, to determine the applicability
of the Bylaw or to determine the impact of the proposed work upon
the interests identified in the Bylaw. The Townsend Conservation Commission
requires the submission of a plan showing numbered flags corresponding
to the same numbered flags delineating the edge of wetland in the
field. The wetland delineation shall be done by a wetland scientist
or a landscape architect; however, the final delineation of any wetland
area shall be determined, ultimately, by the Townsend Conservation
Commission.
The contamination or degradation of physical, chemical or
biological characteristics of surface or ground water.
Any body of water with a surface area less than 10 acres,
either natural or man-made, continuous or intermittent.
The prevention or reduction of contamination, degradation
or change in the physical, chemical or biological characteristics
of an area of land or water.
Any source or volume of water available, or demonstrated
to have potential for availability, for public use as a designated
water supply, whether surface or ground water.
The act or process of taking away or moving any type of materials
thereby changing the elevation of land or waters, either temporarily
or permanently.
A natural stream or water that empties into any lake, pond
or other river, stream or body of water and has continuous or intermittent
flow.
A method capable of arresting and containing waterborne materials
while allowing water to flow unimpeded.
The cutting of no more than 50% of tree cover or 50 cords
harvested within a jurisdictional conservation area, whichever is
less, which shall occur only during those periods when the ground
is sufficiently frozen, dry or otherwise stable to support the equipment
used. The applicant shall file a statement with the Commission as
to the number of cords to be harvested. Selective cutting of trees
shall not include filling, excavation, removal of stumps, or other
change in the existing topography. All timber slash handing, i.e.,
branches, chips, bark, etc., shall conform to the State Timber Slash
Law, MGL c. 48, §§ 16 and 16A.
Includes (but is not limited to):
Any actual or potential contamination to public, private or
ground water supply, including aquifers or cones of influence, land
containing fisheries or wildlife, including the biological life necessary
to support a freshwater ecosystem.
Any reduction of the flood storage capacity of a freshwater
wetland, river, stream or creek, including isolated lands subject
to flooding.
Any alteration of a river, stream or creek that results in any
increase in the volume or velocity of water which may cause flooding.
Any action which fills, removes, dredges, alters or builds upon any area described in § 138-1 of the Bylaw.
The elimination or reduction of any damage caused by a storm.
A body of running water, including brooks and creeks, whether
continuous or intermittent, moving in a definitive channel on the
ground, whether it interconnects two wetland resources or not.
The prevention or reduction of contamination or degradation
of physical, chemical or biological characteristics of surface or
ground waters.
An area consisting of "very poorly drained soil" as described
by the National Cooperative Soils Survey of the United States Department
of Agriculture, Soil Conservation Service.
As described in § 138-1B of the Bylaw.
Living things that are neither human nor domesticated, whose
survival is either directly or indirectly dependent on wetland resource
areas.
A.
Determination of applicability.
(1)
"Determination of applicability" shall mean any review and written
finding by the Conservation Commission as to whether a site or the
work proposed thereon is subject to the jurisdiction of the Bylaw.
It shall be in the form marked "B" in the Appendix.
(2)
Any person who desires a determination as to whether the Bylaw applies
to an area, or work to be performed on said area, shall submit a written
request to the Commission. Such request for determination of applicability
shall be in the form marked "A" in the Appendix and should be sent
by certified mail or hand delivered. The Conservation Commission may
require that additional information be submitted to aid in evaluation.
The Commission's determination shall, as noted above, be in the
form marked "B" in the Appendix and shall state whether or not a filing
of a notice of intent shall be required.
B.
Notice of intent. Any person who desires a review of a notice of
intent, the form marked "C" in the Appendix, shall file with the Commission
plans and specifications as required under MGL c. 131, § 40,
and with accompanying plans as defined in these rules and regulations.
A public hearing will not be held on a notice of intent deemed incomplete
by the Commission. Filing and hearing procedures are as defined in
the Bylaw.
C.
Order of conditions (permit).
(2)
Change in submitted plans. If at any time after a notice of intent
or request for determination of applicability has been submitted to
the Commission for review there is any change in the proposed activity,
the applicant must notify the Commission in writing or in person of
these changes. No changes shall be done until the Commission has reviewed
the changes. The Commission shall review these changes and determine
if a new notice of intent or request for determination of applicability
must be filed. The applicant shall be notified of the decision of
the Commission within 21 days of the date notification of the changes
is received. The Commission's order of conditions or permits
shall use the form marked "D" in the Appendix.
D.
Certificate of compliance. A certificate of compliance shall be requested
by the applicant in writing and may be issued by the Commission following
site inspection. This certificate shall be issued in the form marked
"E" in the Appendix and shall be valid only when approved by a majority
of the Commission. If after a site inspection the Commission determines
that the order of conditions has not been satisfactorily complied
with, the request for a certificate shall be denied.
E.
Security. See § 138-8 of the Bylaw.
(1)
The amount of any bond required under § 138-8 of the Bylaw shall be determined by the Commission and any other professional party consulted by the Conservation Commission knowledgeable of such matters. This bond shall be approved and filed with the Commission prior to commencement of any activity so regulated under the Bylaw. The applicant may submit a bond estimate to the Commission for its consideration. Such estimate should reflect the cost for the Town of Townsend to complete the work and any additional consultation fees.
(2)
The bond shall be released by the Conservation Commission only on
satisfactory completion of an order of conditions and issuance of
a certificate of compliance, if applicable.
F.
Date of receipt shall be the date of delivery to an office or residence
or usual place of business, whether by mail or by hand delivery.
G.
Emergency: as defined in § 138-3 of the Bylaw. If necessary, a resident or firm can request an emergency certification from the Commission.
H.
Plans are data, maps, engineering drawings, calculations, specifications,
schedules or other means deemed necessary by the Commission to describe
the site and/or work, to determine the applicability of the Bylaw
or to determine the impact of the proposed work on the protected interests
of the Bylaw.
I.
Quorum is a majority of the members of the Commission then in office.
J.
Enforcement Order.
(1)
Enforcement order shall be in the form marked "F" in the Appendix.
Such enforcement order may be issued to any person who, as determined
by one or more members of the Commission upon inspection, violates
any provision of the Bylaw. The enforcement order may be issued by
one or more members of the Commission. This action must be ratified
by the Commission at its next posted meeting.
(2)
A violation of the Bylaw includes all work and/or activities being done without an order of conditions (permit), in violation of an order of conditions (permit), after an order of conditions (permit) has expired or in violation of a determination of applicability. A fine may be issued, as provided for in § 138-9 of the Bylaw.
K.
Administrative approval.
(1)
A project that is proposed within a resource area or its buffer,
however has no anticipated alteration to the functions or values of
the resource area or its buffer, may qualify for administrative approval.
A person requesting such approval shall submit, in writing, a description
of the proposed project, a map of the project location, and reasons
as to why or how the project will not result in resource or buffer
alteration. Following review of the request, approved Conservation
staff may issue, on behalf of the Conservation Commission, administrative
approval of the work.
(2)
The Conservation Commission has the authority in determining approved
Conservation staff.
The invalidity of any section or provision of the rules and
regulations of the Bylaw shall not invalidate any other section or
provision thereof, nor shall it invalidate any order of conditions
which has previously become final.
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APPENDIX
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1.
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Forms:
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A.
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Request for determination of applicability (same form as MGL
c. 131, § 40).
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B.
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Determination of applicability.
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C.
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Notice of intent (same form as MGL c. 131, § 40).
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D.
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Order of conditions (permit).
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E.
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Certificate of compliance.
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F.
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Enforcement order.
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