[HISTORY: Adopted by the Town of Georgetown 5-5-1986 Annual Town
Meeting, Art. 13. Amendments noted where applicable.]
The purpose of this chapter is to protect the
wetlands, related water resources and adjoining land areas in this
municipality by controlling activities deemed by the Conservation
Commission likely to have a significant or cumulative effect upon
wetland values, including but not limited to the following: public
or private water supply, groundwater, flood control, erosion and sedimentation
control, storm damage prevention, water pollution, fisheries, shellfish,
wildlife habitat, recreation, aesthetics, agriculture and aquaculture
values (collectively, the "wetland values protected by this chapter").
[Amended 6-12-2000 ATM, Art. 21]
Except as permitted by the Conservation Commission
or as provided in this chapter, no person shall remove, fill, dredge,
build upon or alter the following resource areas: within 100 feet
of any freshwater wetland, marsh, wet meadow, bog or swamp; within
100 feet of any bank or flat; any lake, river, pond, stream, or estuary;
any land under said waters; or within 100 feet of any land subject
to flooding or inundation by groundwater or surface water; and within
200 feet of any river, perennial stream, brook or creek.
A.
The permit and application required by this chapter
shall not be required for maintaining, repairing or replacing, but
not substantially changing or enlarging, 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, provided that the structure or facility is not substantially
changed or enlarged, provided that written notice has been given to
the Commission prior to commencement of work, and provided that the
work conforms to performance standards and design specifications in
regulations adopted by the Commission.
B.
Emergency projects.
(1)
The permit and application required by this chapter
shall not apply to emergency projects necessary for the protection
of the health or safety of the public, provided that:
(a)
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.
(b)
Advance notice, oral or written, has been given
to the Commission prior to commencement of work or within 24 hours
after commencement.
(c)
The Conservation Commission or its agent certifies
the work as an emergency project.
(d)
The work is performed only for the time and
place certified by the Conservation Commission for the limited purposes
to abate the emergency.
(e)
Within 21 days of commencement of an emergency
project a permit application shall be filed with the Commission for
review as provided in this chapter.
(2)
Upon failure to meet these and other requirements
of the Commission, the Commission may, after notice and a public hearing,
revoke or modify an emergency project approval and order restoration
and mitigation measures.
C.
Other than stated in this section, the exceptions
provided in the Wetlands Protection Act shall not apply.
A.
Written application shall be filed with the Commission
to perform activities regulated by this chapter affecting resource
areas protected by this chapter. The application shall include such
information and plans as are deemed necessary by the Commission to
describe proposed activities and their effects on the environment.
No activities shall commence without receiving and complying with
a permit issued pursuant to this chapter.
B.
The Commission in an appropriate case may accept as
the application and plans under this chapter the notice of intent
and plans filed under the Wetlands Protection Act, MGL c. 131, § 40.
C.
Any person desiring to know whether or not proposed
activity or an area is subject to this chapter may in writing request
a determination from the Commission. Such a request for determination
shall contain data and plans specified by the regulations of the Commission.
D.
At the time of an application or request, the applicant
shall pay a filing fee specified in regulations of the Commission.
This fee is in addition to that required by the Wetlands Protection
Act, MGL c. 131, § 40. In addition, the Commission is authorized
to require the applicant to pay the costs and expenses of any expert
consultant deemed necessary by the Commission to review the application
or request. The Commission may waive the filing fee and costs and
expenses for an application or request filed by a government agency
and shall waive them for a request for determination filed by a person
having no financial connection with the property which is the subject
of the request.
[Amended 6-12-2000 ATM, Art. 21]
A.
Any person filing an application or a request for
determination with the Commission at the same time shall give written
notice thereof, by certified mail or hand delivery, to all abutters
according to the most recent records of the assessors, including those
across a traveled way or body of water. The notice to abutters shall
enclose a copy of the application or request, with plans, or shall
state where copies may be examined and obtained by abutters free of
charge. When a person requesting a determination is other than the
owner, the request, the notice of the hearing and the determination
itself shall be sent by the Commission to the owner, as well as to
the person making the request.
B.
The Commission shall conduct a public hearing on any
application or request for determination, with written notice given
at the expense of the applicant, five working days prior to the hearing,
in a newspaper of general circulation in the municipality.
C.
The Commission shall commence the public hearing within
21 days from receipt of a completed application or request for determination.
D.
The Commission shall issue its permit or determination
in writing within 21 days of the close of the public hearing thereon.
E.
The Commission in an appropriate case may combine
its hearing under this chapter with the hearing conducted under the
Wetlands Protection Act, MGL c. 131, § 40.
F.
The Commission shall have 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 or others, information and plans required of the applicant deemed necessary by the Commission in its discretion or comments and recommendations of boards and officials listed in § 161-6. In the event that 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.
[Amended 6-12-2000 ATM, Art. 21]
Any person filing a permit application or a
request for determination with the Commission shall provide a copy
thereof at the same time, by certified mail or hand delivery, to the
Board of Selectmen, Planning Board, Board of Appeals, Board of Health
and Building Inspector, the Highway Department, and a cover page of
the application to the Board of Selectmen. The Commission shall not
take final action until such boards and officials have had 14 days
from receipt of notice to file written comments and recommendations
with the Commission, which the Commission shall take into account
but which shall not be binding on the Commission. The applicant shall
have the right to receive any such comments and recommendations and
to respond to them at a hearing of the Commission prior to final action.
A.
If the Commission after a public hearing determines
that the activities which are the subject of the application are likely
to have a significant or cumulative effect upon the wetland values
protected by this chapter, the Commission, within 21 days of the close
of the hearing, shall issue or deny a permit for the activities requested.
If it issues a permit, the Commission shall impose conditions which
the Commission deems necessary or desirable to protect those values,
and all activities shall be done in accordance with those conditions.
B.
The Commission is empowered to deny a permit for failure
to meet the requirements of this chapter; for failure to submit necessary
information and plans requested by the Commission; for failure to
meet the design specifications, performance standards and other requirements
in regulations of the Commission; for failure to avoid or prevent
unacceptable significant or cumulative effects upon the wetland values
protected by this chapter; and where no conditions are adequate to
protect those values. Due consideration shall be given to any demonstrated
hardship on the applicant by reason of denial, as presented at the
public hearing.
C.
A permit shall expire three years from the date of
issuance. Notwithstanding the above, the Commission in its discretion
may issue a permit expiring five years from the date of issuance for
recurring or continuous maintenance work, provided that annual notification
of time and location of work is given to the Commission. Any permit
or extension may be renewed for an additional three-year period, provided
that a request for a renewal is received in writing by the Commission
30 days prior to the expiration of the existing permit.
[Amended 6-12-2000 ATM, Art. 21; 10-17-2005 STM, Art. 7]
D.
For good cause the Commission may revoke or modify
a permit issued under this chapter after public notice and public
hearing and notice to the holder of the permit.
E.
The Commission in an appropriate case may combine
the permit or other action on an application issued under this chapter
with the order of conditions issued under the Wetlands Protection
Act.
F.
No permit application, including determinations and
resource area delineations, which have missed their appeal period
under the local ordinances and which have been unfavorably or favorably
determined and finally acted upon by the Commission shall be re-filed
with the Commission until the three-year life of that permit has expired.
In cases where distinct changes in the plan, use of the land, or if
the applicant can prove that a delineation was performed in negligence,
it is at the discretion of the Commission whether to allow for a new
filing to be submitted and to hold a new hearing.
[Added 6-12-2000 ATM, Art. 21]
A.
After public notice and public hearing, the Commission
shall promulgate rules and regulations to effectuate the purposes
of this chapter. 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 chapter.
B.
At a minimum these regulations shall define key terms
in this chapter not inconsistent with this chapter.
The following definitions shall apply in the
interpretation and implementation of this chapter.
A.
The term "person" shall include any individual, group
of individuals, association, partnership, corporation, company, business
organization, trust, estate, the commonwealth or political subdivision
thereof to the extent subject to Town bylaws, administrative agency,
public or quasi-public corporation or body, this municipality and
any assigns.
B.
The term "alter" shall include, without limitation,
the following activities when undertaken to, upon, within or affecting
resource areas protected by this chapter:
(1)
Removal, excavation or dredging of soil, sand, gravel
or aggregate materials of any kind.
(2)
Changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns or flood retention characteristics.
(3)
Drainage or other disturbance of water level or water
table.
(4)
Dumping, discharging or filling with any material
which may degrade water quality.
(5)
Placing of fill or removal of material which would
alter elevation.
(6)
Driving of piles, erection or repair of buildings
or structures of any kind.
(7)
Placing of obstructions or objects in water.
(8)
Destruction of plant life, including cutting of trees.
(9)
Changing water temperature, biochemical oxygen demand
or other physical or chemical characteristics of water.
(10)
Any activities, changes or work which may cause or
tend to contribute to pollution of any body of water or groundwater.
As part of a permit issued under this chapter,
in addition to any security required by any other municipal or state
board, agency or official, the Commission may require that the performance
and observance of the conditions imposed hereunder 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.
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 this municipality
whereby the permit conditions shall be performed and observed before
any lot may be conveyed other than by mortgage deed.
A.
Enforcement.
(1)
The Commission, its agents, officers and employees
shall have authority to enter upon privately owned land for the purpose
of performing their duties under this chapter and may make or cause
to be made such examinations, surveys or sampling as the Commission
deems necessary.
(2)
The Commission shall have authority to enforce this
chapter, its regulations and permits issued thereunder by violation
notices, administrative orders and civil and criminal court actions.
(3)
Upon request of the Commission, the Board of Selectmen
and the Town Counsel shall take legal action for enforcement under
civil law. Upon request of the Commission the Chief of Police shall
take legal action for enforcement under criminal law.
(4)
Municipal boards and officers, including any police
officer or other officer having police powers, shall have authority
to assist the Commission in enforcement.
B.
Violations and penalties.
(1)
Any person who violates any provision of this chapter,
regulations thereunder or permits issued thereunder shall be punished
by a fine of not more than $300. Each day or portion thereof during
which a violation continues shall constitute a separate offense, and
each provision of the chapter, regulations or permit violated shall
constitute a separate offense.
(2)
In the alternative to criminal prosecution the Commission
may elect to utilize the noncriminal procedure set forth in MGL c.
40, § 21D.
The applicant for a permit shall have the burden
of proving by a preponderance of evidence that the work proposed in
the application will not have unacceptable significant or cumulative
effect upon the wetland values protected by this chapter. 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.
This chapter 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 regulations thereunder.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof,
nor shall it invalidate any permit or determination which previously
has been issued.
