[Amended 5-9-1994 ATM by Art. 21]
A. Purpose.
(1) The Wetland Protection District is an overlay protection district. It applies to all lands within 100 feet of a wetland resource area as defined under MGL c. 131, § 40, the Wetlands Protection Act, and Chapter
139, Wetlands Protection, of the Code of the Town of
Belchertown and as shown on an overlay on the Town Zoning Map referred to as in §
145-5 of this chapter.
(2) The purpose of this section is to:
(a) Protect citizens from flooding, poor drainage, reduced property values, impaired water supplies and threats to health and safety in wetlands and along streams and other watercourses; and
(b) To complement the provisions of the Massachusetts Wetlands Protection Act, MGL c. 131, § 40.
B. Permitted uses. Any use permitted in the underlying zone (Village Residential, Multiple-Dwelling Residential, Agricultural-A and Agricultural-B, Mobile Home Park Residential, Limited Business, General Business, Industrial or Floodplain District) is permitted in the Wetland Protection District.
[Amended 5-8-2023 ATM by Art. 23]
C. A building permit in the Wetland Protection District shall be obtained in the following manner:
(1) The applicant shall submit to the Building Inspector the original or a certified copy, in addition to other requirements for a building permit, of:
(a) A negative determination of applicability of the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, issued by the Conservation Commission, as described in that Act; or
(b) An order of conditions, as defined in the Wetlands Protection Act, issued by either the Belchertown Conservation Commission or the Massachusetts Department of Environmental Protection, covering the proposed structures and related improvements.
(2) The Building Inspector may issue a building permit only after receipt from the applicant of the original or a certified copy of either Subsection
C(1)(a) or
(b) above.
D. Any use or uses which may be permitted by special permit in the underlying zone by the Board of Appeals are also permitted by special permit in the Wetland Protection Overlay, as long as they conform to Article
XIII of this chapter (Board of Appeals) and with any and all requirements of the applicable zone. The applicant shall submit to the Board of Appeals, in addition to other requirements for a special permit, a determination of applicability of the Massachusetts Wetlands Protection Act from the Conservation Commission, as described in that Act.
E. Anyone filling, dredging, grading or otherwise altering land, water bodies or watercourses within the Wetland Protection Overlay must obtain a permit from the Building Inspector. The Building Inspector shall issue a permit after the applicant has complied with the procedures specified in Subsection
C above. Normal maintenance and improvement of land in agricultural use is excepted from the provisions of this subsection.