Some proposed projects that fall within the Commission's jurisdiction are of such small scale as to not have a significant impact on an area subject to protection under the Bylaw even though they may be proposed in resource areas as defined in § 147-4. Such projects need not undergo the scrutiny of a formal hearing before the Commission and can be adequately reviewed by the Conservation Agent.
A. 
Applicability. If a project meets the criteria in § 147-5A(1), the work may be approved by the Conservation Agent without the filing of a request for determination of applicability or other permit application. If the Agent has any doubt that a project meets these criteria, the applicant will be required to request a hearing and file a request for determination of applicability or other permit application.
(1) 
A project that may be approved by the Conservation Agent may include the following:
(a) 
Maintenance or repair, but not enlargement or substantial alteration, of lawfully existing structures or facilities;
(b) 
Removal of any impervious area within 100 feet of a resource area provided that the area is stabilized to prevent erosion and that there are no adverse impacts to any resource area;
(c) 
Installation of subsurface utilities that are associated with existing structures, excluding septic systems;
(d) 
Paving or repaving of driveway that does not cross a resource area;
(e) 
Hand removal of vegetation listed by the State of Massachusetts as invasive within a resource area provided any chemicals used are as prescribed by label;
(f) 
Planting of native trees, shrubs, or ground cover;
(g) 
Removal of no more than five trees that are causing a threat to human health and safety;
(h) 
Other projects the Conservation Agent deems to have a non-adverse impact on the wetlands.
(2) 
None of the following may be approved by the Conservation Agent:
(a) 
Work proposed in any freshwater wetland or isolated land subject to flooding as defined in § 147-4;
(b) 
New structure proposed within the 75-foot buffer zone of a freshwater wetland or isolated land subject to flooding, as defined in § 147-4; and
(c) 
Stormwater management system as required by the provisions of § 147-15C.
B. 
Procedure.
(1) 
The applicant will submit a Minor Resource Area Application and application fee (see Form F[1]) with sufficient information to determine where the project is located and whether it meets the requirements set forth in § 147-5A.
(2) 
The Conservation Agent will visit the site to determine:
(a) 
Type of resource area involved;
(b) 
Distance from the project to the resource area;
(c) 
Topography of the area leading to the resource area;
(d) 
Types of equipment, material, and/or products being used in the project;
(e) 
Types of techniques being used in the project; and
(f) 
Amount of disturbance or if fill is needed in the resource area or buffer zone.
(3) 
The Conservation Agent may issue an administrative approval within 21 days of receipt of the application if all of the requirements and conditions of this section have been met. The Conservation Agent may require additional conditions, including but not limited to erosion controls or planting native vegetation, to ensure protection of resource areas.
(4) 
The Conservation Agent shall issue an administrative denial if the application fails to meet any of the conditions of this section. An administrative denial requires that the applicant or applicant's agent submit a request for determination of applicability or notice of intent in compliance with these regulations to proceed with the project.
(5) 
The decision will be filed as a permanent record with the Commission.
(6) 
Work performed outside of the scope of an administrative decision shall be subject to enforcement action(s).
(7) 
Appeals of administrative decisions shall be made to the Conservation Commission by filing an application for a request for determination of applicability or other permit application.
A. 
Any person who desires a determination as to whether these regulations apply to an area, or work to be performed in an area, shall file with the Commission a Massachusetts WPA Form 1 Request for Determination of Applicability as detailed in § 147-7 as required under M.G.L. Chapter 131, § 40.
B. 
Any person who desires an Order shall file with the Commission the appropriate forms as detailed in § 147-7 as required under M.G.L. Chapter 131, § 40.
The applicant shall provide the following to the Commission:
A. 
Two original copies of Massachusetts WPA Form 1 Request for Determination of Applicability (RDA), WPA Form 3 Notice of Intent (NOI), WPA Form 4 Abbreviated Notice of Intent, or WPA Form 4A Abbreviated Notice of a Resource Area Delineation (ANRAD) with accompanying plans and pertinent data as detailed in Article IV, Plans.
B. 
Two original copies of Harvard Forms A, B, C (if necessary), D, E and F.[1] Form D shall be signed granting the Harvard Conservation Commission and/or its consultants access to the project site under consideration for permit at any time from receipt of application through the issuance of a certificate of compliance.
C. 
The state mandated filing fee, if applicable, plus additional Harvard filing fees (Form F), and a check payable to the Registry of Deeds for the appropriate sum to record the Order.
D. 
Eight copies of the narrative and the accompanying plans, one for each of the Commission members. All copies shall be double sided when possible. RDA applications may provide eight copies of pages 1 and 2 that provides the project description in place a narrative.
E. 
The submission must be made by certified mail addressed to 15 Elm Street, Harvard, MA 01451, or delivered by hand to the Commission's agent. The application date will be recorded as the date when the agent receives the application.
F. 
Applications must be received by 12:00 p.m. two weeks prior to the meeting of the Commission at which the application will be heard.
G. 
Two complete copies shall be submitted to the Department of Environmental Protection, Central Region. The submission must be made by certified mail or delivered by hand with proof of delivery to 8 New Bond Street, Worcester, MA 01606, or electronically at MassDEP's Online Filing System. An electronic copy of application shall be submitted by the deadline detailed with § 147-7F above.
A. 
The petitioner shall provide a certified list of abutters within 300 feet of the project location to whom notification of intent to file has been sent.
B. 
The notice to abutters shall be on Form B.[1] The petitioner(s) shall provide copies of the signed receipts from abutters or certificate of mailing as proof of notification no later than the date of the public hearing.
The Petitioner shall, if permits from other Town boards are required for the project, file simultaneously with those boards (unless such applications were filed prior to filing with the Commission). Any information or plans communicated to those boards shall also be sent to the Commission by the petitioner. The Commission may at its discretion also require the petitioner to submit complete copies of the application and all its accompanying data to the Fire Department or the Bare Hill Watershed Management Committee. Should the petitioner fail to submit copies to any board, department or committee required by the Commission, the application may be treated as incomplete under § 147-12 below.
In a Riverine situation, in addition to the requirements of § 147-6, the Conservation Commission shall notify the following of any proposed alteration or relocation of a watercourse:
•
Adjacent communities
•
NFIP State Coordinator
•
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
•
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
A. 
If the Commission determines that technical advice unavailable from municipal employees is required to review an application, it may employ outside consultants pursuant to M.G.L. c. 44, § 53G. The Commission may, by majority vote, require that the applicant pay a reasonable fee for the employment of outside consultants. Whenever possible, it shall work cooperatively with the applicant to identify appropriate consultants. The outside consultant may be employed to review the application or make recommendations to the Commission regarding changes to better effectuate the interests of the Bylaw.
B. 
A review fee may be imposed only if:
(1) 
The work of the consultant consists of review of studies and/or plans prepared on behalf of the applicant or independent studies on behalf of the Commission, recommended changes to any such study, and/or recommendations as to any changes to the plans;
(2) 
The work is in connection with the applicant's specific project; and
(3) 
All written results and reports are made part of the record before the Commission.
C. 
A review fee may be imposed only after the Commission has complied with the applicable provisions of the Uniform Procurement Act, M.G.L. c. 30B, §§ 1 through 19, except for professional services which are exempt from the competitive procurement requirements of said M.G.L. c. 30B.
D. 
All fees assessed pursuant to this section shall be reasonable considering:
(1) 
The complexity of the proposed project as a whole;
(2) 
The complexity of technical issues;
(3) 
The area or resource areas subject to protection to be affected;
(4) 
The size and character of the site;
(5) 
The projected construction costs; and
(6) 
Fees charged by similar consultants in the area.
E. 
Any invitation for bids or request for proposals shall indicate that award of the contract is contingent upon payment of a consultant review fee by the applicant. If the applicant fails to pay the review fee within 10 days of receiving written notification of selection of a bidder or offeror, the Commission may deny the application or request.
F. 
Prior to paying the consultant review fee, the applicant may appeal the selection of the consultant to the Select Board.
(1) 
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;
(2) 
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;
(3) 
The required time limits for action upon the application or request by the Commission shall be extended by the duration of the appeal. If no decision is made by the Select Board within 30 days following the filing of the appeal, the selection made by the Commission shall stand.
G. 
Each consultant review fee shall be deposited in a special account established by the Town Treasurer pursuant to M.G.L. c. 44, § 53G:
(1) 
Funds from the special account may be expended only for the purposes described in § 147-11B, above, and in compliance with the Uniform Procurement Act, M.G.L. c. 30B, §§ 1 through 19, if applicable.
(2) 
Within 30 days of the issuance of the certificate of compliance or of such time as the applicant formally withdraws the proposal, the applicant shall receive a final report of funds in the special account and shall be paid any unspent excess in the account, including accrued interest.
(3) 
The Town Accountant shall submit annually a report on the special account to the Select Board and the Town Administrator for their review. This report shall be published in the Annual Town Report.
An application must include, at a minimum and on a properly executed WPA Form, the items required under § 147-7, properly executed Harvard Forms A, B, C (if necessary), D, E and F,[1] and a certified list of abutters and the necessary information detailed under Article IV. If the Commission determines that an application is incomplete or improper it shall notify the applicant within 21 days of the date of receipt. The Commission may, at its discretion:
A. 
Return the entire application, in which case all the required time periods for processing the application will become invalid;
B. 
Require that additional information or materials be submitted within a specified period, which shall be no later than the date of the scheduled public hearing;
C. 
Continue the public hearing at the applicant's expense, for a period to be determined by the Commission.