The performance standard regulations listed subsequently shall apply to all work which will remove, fill, dredge or alter any Bank, Freshwater Wetland (any bog, any kettle hole, any seasonal wetland, any swamp, or any wet meadow bordering or not bordering on a river, stream, lake or pond), land under water bodies and waterways or land subject to flooding. These regulations are in addition to the preceding procedural regulations.
Applicants seeking approval under the Bylaw must meet all applicable state Wetland Protection Act standards. The introduction, purpose and performance standards stated in the WPA Regulations 310 CMR 10.00 shall apply. In addition, the Commission finds that protection of the interests identified in the Bylaw requires that applicants also meet the following additional standards. Failure to meet these standards will result in the Commission's denial of an application.
Any proposed work in a Protected Resource Area and any proposed work that involves a new storm drain system or connection to an existing storm drain system that discharges to a Protected Resource Area, shall not result in an increase in the peak rate of surface runoff during either a two-year, 10-year or 100-year storm event to areas beyond the boundaries of the property on which the activity is to be conducted. All filings involving a new storm drain system or connection to an existing storm drain system shall provide the Commission with a detailed stormwater pollution prevention plan for during construction, as well as, for long-term maintenance of the stormwater system. This plan shall specify detailed construction methods for erosion control, identify responsible parties and shall include a signed affidavit that all conditions of the pollution prevention plan shall be met. The discharge of any substances in to the storm drain system, other than storm water, is strictly prohibited.
No building of any kind, or impervious surfaces or any other facility for the temporary or permanent storage of automobiles, trucks, or other material shall be located below the 100-year flood level without a valid Order of Conditions from the Conservation Commission.
A. 
On any application for the approval of a project involving the disturbance of more than 20,000 square feet within a Protected Resource Area, the Commission may require
(1) 
An analysis, by a competent wildlife biologist, of
(a) 
The habitat value of the parcel of land to be disturbed and of the adjacent area, and
(b) 
The impact of the proposed development on wildlife populations and habitat value, and
(2) 
Proposed measures to be taken during construction and during operation to mitigate these impacts.
B. 
An evaluation by the applicant of whether a proposed project will have an adverse effect on wildlife habitat beyond the permissible thresholds shall be performed by an individual with at least a masters degree in wildlife biologist or ecological science from an accredited college or university, or other competent professional qualified in wildlife habitat evaluation.
C. 
Vegetation removal and replacement.
(1) 
Naturally occurring vegetation in a resource area protected by the Bylaw is significant for wildlife, wildlife habitat and water quality. No naturally occurring vegetation within 100 ft of a resource area shall be removed without written approval by the Commission (This excludes installed lawns and landscaping) No vegetation within 30 ft of a resource area shall be damaged, extensively removed without in-kind replacement proposed and written approval by the Commission. Pruning of vegetation such as branches or shrubs is allowed for maintenance purposes within the entire 100 foot buffer zone limit.
(2) 
Vegetation being removed and, if required in-kind replacement, must include a clear description and be clearly marked on a proposed plan, showing resource area and distance of vegetation to the resource area.
(3) 
In-kind replacement for shrubbery shall consist of like plant varieties to those being removed or those found in the general vicinity and of size and number to achieve the same effects as to surface area and/or erosion protection of the affected plants.
(4) 
In-kind replacement for trees shall be consistent with the below table, shall consist of like plant varieties to those being removed or those found in the general vicinity and of size to achieve the same effects as to surface area and/or erosion protection of the affected plants. The sizing shall be equal to that of the affected trees or a height of 10 ft, whichever is less, in the case of greater than a 1:1 replacement the sizing shall be equal to the affected plant or a height of 10 ft, whichever is less.
(5) 
For extensive pruning or removal of vegetation because on imminent risk to public health and safety, in-kind replacement shall be to the extent practicable as determined by the commission.
(a) 
Less than 8in bhd - 1 replacement.
(b) 
Equal to 8-20in bhd - 2 replacements.
(c) 
Greater than 20in bhd - 3 replacements.
(bhd = diameter of trunk at a height of four ft).
A. 
200-foot riparian zone - that section of land bordering a perennial stream horizontally from the edge of the mean annual high water mark. This zone is divided into two sections known as the 100-foot inner and 100-foot outer riparian zone.
B. 
100-Foot buffer zone shall mean that area of land extending 100 feet horizontally outward from the boundary of any wetland resource area as defined under local by-law and 310 CMR 10.00. Per § 239-2 of the Bylaw the Buffer Zone is a Resource Area.
C. 
50-Foot buffer zone. Between 30 and 50 feet of a resource area, the Commission does not allow building of new structures, or impervious surfaces. Retaining walls, decks and any other semi pervious surfaces will be reviewed on a case by case basis for impacts to resource areas. Additions to or reconstruction of existing structures within 50 feet of a resource area, retaining walls, decks, temporary structures or other impervious surfaces shall be considered on a case by case basis shall be reviewed on a case by case basis for impacts.
D. 
30-Foot no touch buffer zone: Within 30 feet of a resource area, the Commission does not allow any disturbance of the land. Minor pruning or cutting of limbs, hand dug tree planting, and hand dug fencing, pedestrian walkways and removable/temporary docks may be allowed with approval of the Conservation Commission. Maintenance of existing lawn/landscaped areas is allowed by right without action from the conservation commission.
E. 
Properties with existing structures that are currently not in compliance with the above will not be permitted to increase their degree of non-conformance.
The Conservation Commission may issue an Order of Conditions permitting limited purposes as defined below, and provided they are carried out in accordance with the following general conditions and any additional conditions deemed necessary by the Conservation Commission.
A. 
Utilities.
(1) 
The construction, reconstruction, operation and maintenance of underground and overhead public utilities such as electrical distribution or transmission lines, or communication, sewer, water or natural gas lines, may be permitted, in accordance with the following general conditions and any additional conditions deemed necessary by the Conservation Commission.
(a) 
The Commission may require a reasonable alternative route with fewer adverse effects for a local distribution or connecting line not reviewed by the Energy Facilities Siting Council.
(b) 
Best available measures shall be used to minimize adverse effects during construction.
(c) 
The surface vegetation and contours of the area shall be substantially restored.
(d) 
Applications of herbicides shall not occur within 30 feet of a wetland or water body during maintenance of the line.
(e) 
All sewer lines shall be constructed to prevent inflow and leakage.
B. 
New roadway/driveway.
(1) 
The construction and maintenance of a new roadway or driveway of minimum legal and practical width acceptable to the planning board, where reasonable alternative means of access from a public way to an upland area is otherwise unavailable will be considered. In determining whether reasonable alternative means of access are available, the Commission may consider the reasonableness of any available alternatives, including the realignment or reconfiguration of the project to minimize disruption of the wetlands on the site. The minimum project exemption does not contemplate maximum development of uplands at the expense of wetlands, which would result from locating access ways in wetland areas to the greatest extent possible.
(2) 
Such roadway or driveway shall be constructed using the best available practices to minimize disturbance and maximize compliance with the applicable performance standards. In addition, such roadway or driveway shall be constructed in a manner which does not adversely restrict the flow of surface or subsurface water and so that equivalent flood storage is maintained.
(3) 
In addition the Conservation Commission reserves the right to regulate the use of paving materials including but not necessarily limited to asphalts, oil and stone, and other surfacing products where the limited project access road passes through sensitive wetland areas. The Commission also reserves the right to regulate the use of de-icing agents such as road salts, on limited project access roads.
C. 
Maintenance and improvement of existing public roadways.
(1) 
These shall be limited to widening less than a single lane, adding shoulders and correcting substandard intersections.
D. 
Impoundments.
(1) 
The excavation of wildlife impoundments, farm ponds and ponds for fire protection uses are allowed provided that no fill or other material is placed upon the wetland except as may be necessary to construct said impoundments or ponds, to provide access thereto, and to provide bank stabilization, with the permission of the Conservation Commission and under any Orders of Condition set thereto.
E. 
Beaches/ramps/water structures.
(1) 
The following are limited waterfront projects for which the Conservation Commission may issue an Order of Conditions to protect the interests in the Bylaw:
(a) 
Maintenance of beaches and boat launching ramps which existed on the effective date of these regulations.
(b) 
Maintenance, repair and improvement (but not substantial enlargement) of structures, including buildings, piers, towers, and headwalls which existed on the effective date of these regulations.
(c) 
Construction and maintenance of catwalks, footbridges, docks, boathouses, boat shelters, duck blinds, and observation decks; provided, however, that such structures are constructed on pilings or posts so as to permit the reasonably unobstructed flowage of water, minimal damage to pre-existing banks and adequate light to maintain vegetation.
F. 
Routine road maintenance.
(1) 
The routine maintenance and repair of road drainage structures including culverts and catch basins, drainage easements, ditches, water courses, and artificial water conveyances to insure flow capacities which existed on the effective date of these regulations.
G. 
Stream crossings.
(1) 
The construction of bridges over streams when all Army Corps of Engineers § 404 permits have been issued and the following requirements are met:
(a) 
Stream crossing construction is performed during low water periods in the late summer, fall and winter months (July 1 - March 1).
(b) 
At all times, all areas within 100 feet of the stream crossing which are disturbed, or have vegetation removed, shall be covered with hay mulch, or similar material to prevent erosion and siltation. In areas of heavy activity, mulch may need to be spread each day.
(c) 
Construction workers and machinery shall not work in the stream, except where absolutely essential to complete construction activities.
(d) 
Silt fences and hay bale/filter sock/baffle dikes are placed to keep silt from the construction area from reaching the stream.
(e) 
Immediately upon the completion of the stream crossing, all bankings are to be stabilized with mesh netting or other suitable material. Restoration of 'critical edge' through replanting shrubs and trees within 30 feet of the bank of the stream shall be accomplished within a reasonable time.
H. 
Ecological restoration projects.
(1) 
The Conservation Commission may issue an Order of Conditions for projects which will improve the natural capacity of resource area(s) to protect the interests identified in the Bylaw. Such projects include, but are not limited to, the removal of aquatic nuisance vegetation to retard pond and lake eutrophication and the thinning or planting of vegetation to improve habitat value. For vegetation removal using herbicides, all Board of Health and/or MassDEP permits must be obtained before an Order of Conditions is issued.
(2) 
Although the Commission may issue an Order of Conditions permitting the removal of aquatic nuisance vegetation, it is recommended that home owners around ponds and lakes affected by accelerated eutrophication adopt a program to reduce the use of detergents and soaps with high phosphate contents within individual homes in an attempt to curb the problem at its source.