The following are the values under the Belchertown
Wetlands Bylaw:
A. Protection of public and private water supply.
B. Protection of groundwater and groundwater quality.
C. Protection of surface water and surface water quality.
H. Protection of wildlife habitat.
I. Erosion and sedimentation control.
K. Protection of agriculture.
L. Protection of aquaculture.
The definitions applicable to the Belchertown
Wetlands Bylaw shall be the same as set forth in 310 CMR 10.00 et
seq., except for the following modifications to those definitions
and additional definitions:
ALTER
To change the condition of any area subject to jurisdiction
under the bylaw. Examples of alterations include, but are not limited
to, the following:
A.
Removal, excavation or dredging of soil, sand,
gravel or aggregate materials of any kind.
B.
Changing of preexisting drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns or flood-retention characteristics.
C.
Drainage or other disturbance of water level
or water table.
D.
Dumping, discharging or filling with any material
which may degrade water quality.
E.
Placing of fill, or removal of material, which
would alter elevations.
F.
Driving of piles, erection or repair of buildings
or structures of any kind.
G.
Placing of obstructions or objects in water.
H.
Destruction of plant life, including cutting
of trees.
I.
Changing water temperature, biochemical oxygen
demand or other physical, chemical or biological characteristics of
surface and ground water.
J.
Excavation for the purpose of percolation or
deep hole testing or the crossing of a resource area with heavy equipment
for this purpose.
K.
Any activities, changes or work which may cause
or tend to contribute to pollution of water or groundwater.
BUFFER ZONE
That area of land extending 100 feet horizontally outward from the boundary of any resource area described in §
290-4 of these regulations.
EPHEMERAL POOL
An isolated depression or closed basin which temporarily
confines water during periods of high water table and high input from
spring runoff, snowmelt or heavy precipitation and serves as vernal
pool habitat. It is an essential breeding site for certain amphibians
which require isolated areas that are generally flooded for at least
two continuous months in the spring and/or summer and are free from
fish predators. Most of these amphibians remain near the breeding
pool during the remainder of the life cycle. Many reptiles, birds
and mammals also feed here.
ISOLATED WETLAND
An area of at least 5,000 square feet where groundwater,
flowing or standing surface water or ice supports a community composed
of at least 50% wetland plant species as included or identified in
generally accepted scientific technical publications.
POND
Any open body of freshwater, either naturally occurring or
man-made by impoundment, with a surface area observed or recorded
within the last 10 years of at least 5,000 square feet and which is
never without standing water due to natural causes, except during
periods of extended drought. For the purposes of this definition,
"extended drought" shall mean any period of four or more months during
which the average rainfall for each month is 50% or less of the ten-year
average for that same month. Basins or lagoons which are part of wastewater
treatment plants shall not be considered ponds, nor shall swimming
pools or other impervious man-made retention basins.
PRACTICABLE ALTERNATIVE
A measure that is available and capable of being done after
taking into consideration cost, existing technology and logistics
in light of overall project purposes.
VEGETATED BUFFER STRIP
A continuous buffer strip, undisturbed and in its natural
state, between development activities in the buffer zone and the resource
area to be protected.
WATER-DEPENDENT USE
Those uses and facilities which require direct access to,
or location in, inland waters and which therefore cannot be located
away from those waters.
The following procedures shall apply to all
filings under the Belchertown Wetlands Bylaw (unless specifically
stated).
A. Time periods. See 310 CMR 10.05(1).
B. Actions by Conservation Commission. See 310 CMR 10.05(2).
C. Request for determination of applicability (RDA).
(1) Explanation. Any person who desires a written determination
as to whether the bylaw applies to an area, or work to be performed
in an area, shall submit a written request to the Commission. This
request, called a "request for determination of applicability," shall
include a description of the area and/or work to be performed and
maps/plans as appropriate.
(2) Filing procedure. It is the applicant's responsibility
to provide all of the information required for this review. The applicant
must complete the combination of filing form (Form A) and all information on the request for determination.
(a)
Return the original and one copy by certified
mail or hand delivery to:
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Belchertown Conservation Commission
Lawrence Memorial Town Hall
2 Jabish Street
Belchertown, MA 01007
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(b)
Mail a copy to the landowner, when the applicant
is not the landowner, and:
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DEP Western Regional Office
Division of Wetlands and Waterways Regulation
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
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(c)
Include an accurate description of the location
(including Assessor's Map and lot number), the boundaries of the proposed
work, all structures and the approximate distance to wetlands, water
bodies or other resource areas to be protected.
(d)
When considering filing a request for determination
for work in the buffer zone, an applicant must assure the Commission
that the potential for alteration of a resource area is so insignificant
as not to require the oversight provided by an order of conditions
and subsequent certificate of compliance.
[1]
Therefore, the Commission may typically consider
issuing a negative determination when a project meets the following
minimum criteria:
[a]
There is no alteration of a wetland resource
area.
[b]
There is less than 1,000 square feet of alteration
in the buffer.
[c]
A fifty-foot undisturbed, vegetated buffer strip
is left between the proposed work and the resource area.
[d]
There is less than five-percent slope toward
the resource area.
[e]
Leach field of a septic system is sited at least
100 feet from any wetland resource area.
[f]
A plan for permanent stabilization is included:
loaming, seeding and mulching.
[g]
Erosion-control measures are maintained until
permanent vegetation is established.
[2]
Any activity not meeting these criteria must be filed under a notice of intent filing. (See Subsection
B.)
(3) Public hearing. The Commission shall hold a public
hearing on the request for determination within 21 days of receipt
of the request. Public notice shall be provided in the Belchertown
Sentinel or other local paper at the applicant's expense. The Commission
shall issue a written determination within 21 days from receipt of
the request.
(a)
Prior to making a determination, the Commission
may require the submission of additional data deemed pertinent to
the determination and shall inspect the property for which the request
was made. The Commission's determination shall be issued on Form B and may be combined with a determination made under the
Wetlands Protection Act and sent to the Massachusetts Department of Environmental
Protection.
(b)
Resource areas will be identified based on their
definitions as provided in these regulations. In cases where the natural
vegetative community has been disturbed by removal of the vegetative
cover, the Commission may determine the boundary of a freshwater wetland
based on the presence of hydric soils or may defer determination of
a wetland boundary until the natural vegetation has regrown.
(c)
If a positive determination is issued, the applicant
must file an application for permit. A positive determination may
be issued to delineate the boundaries of a wetland when the area is
determined to be under jurisdiction and when the work requires a permit.
(d)
If a negative determination is issued, it means
that the area is not subject to jurisdiction or that the work will
not alter an area subject to protection. In appropriate situations,
the Commission may require the recording of a negative determination.
(e)
If the application for a request for determination
of applicability is incomplete, the request must be resubmitted or
a positive determination will be issued due to lack of sufficient
information.
(f)
The Commission may defer action on a request
when snow cover makes the determination of resource area boundaries
unfeasible. Under these circumstances, the applicant will be advised
to request an extension, and the Commission shall continue the public
hearing and make a determination at the first available opportunity.
If the applicant refuses to request an extension, upon majority vote
of the Commission, a positive determination may be issued.
D. Application for permit.
(1) Explanation. The role of the Commission is that of
a reviewing agency. It is the applicant's responsibility to provide
all of the information required in the application for a permit necessary
for proper review. It is in the applicant's interest to submit as
complete and accurate a description of the project as possible to
ensure that requests for additional information do not result in an
unnecessary delay.
(2) Filing procedure. An application for permit consists
of the completion of the combination filing form (Form A), completion
of a notice of intent form [310 CMR 10.05(4)] and/or completion of
Form C of the Belchertown Wetlands Regulations, depending upon whether
the resource area to be altered is under state jurisdiction or only
under local jurisdiction.
(a)
An original and one copy of the application
for permit and accompanying plans and data shall be sent by mail or
hand delivered to:
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Belchertown Conservation Commission
Lawrence Memorial Town Hall
2 Jabish Street
Belchertown, MA 01007
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(b)
The applicant shall send two copies of the notice
of intent/application for permit and accompanying plans and data to:
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DEP Western Regional Office
Division of Wetlands and Waterways Regulation
State House West, 4th floor
436 Dwight Street
Springfield, MA 01103
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(3) Other permits. The applicant is required to obtain
or apply for all other permits, variances and approvals required by
any other applicable statute, bylaw or regulation prior to, or concurrently
with, filing an application under the bylaw. This requirement shall
include only those approvals which are obtainable at the time the
application is filed.
(4) Submission requirements. For an application to be
reviewed, a completed combination of filing form (Form A), notice
of intent and/or Belchertown Wetlands Regulations Form C must be submitted,
along with a site plan (scale of one inch equals not more than 50
feet). Following receipt of the above information, the Commission
will schedule a site visit to view the proposed project in the field.
For the Commission to complete its visit, wetlands must be flagged
and the project staked 10 days prior to the public hearing.
(a)
Features to be shown on the plan:
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Item No.
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Feature
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1
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Title box: date, owner, scale and North arrow
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2
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Assessor's reference: map, section, parcel and
lot
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3
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Engineer's stamp and signature, when required
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4
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Boundaries of all resource areas as defined
by the Belchertown Wetland Regulations
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5
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One-hundred-foot buffer from resource areas
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6
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Location, extent and area of all present and
proposed structures and paved areas
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7
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Limit of work (construction envelope)
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8
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Location of temporary erosion and sedimentation
control measures
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9
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Distance (100 feet minimum) of leaching facility
from resource areas, § 290-5C(2)(b)[1][a] and [b]
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10
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Existing contours
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11
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Proposed new contours
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12
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Soil characteristics in representative portions
of the site, including characteristics of hydric soils and depth of
peat and muck in wetlands; sampling sites shall be specified
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13
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The maximum groundwater elevation at the period
of the year when the groundwater table is at its highest elevation,
including calendar dates of measurements, samplings and percolation
tests, if any
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14
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Location of resource areas to be filled or altered
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15
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Amount (square feet) of filled or altered resource
areas
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16
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Location of replacement areas
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17
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One-hundred-year floodplain, with elevations
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18
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Amount of fill in floodplain
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19
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Location of compensatory storage areas
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20
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Cross sections showing slope, bank and bottom
treatment of each watercourse to be altered
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21
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Existing natural drainage patterns and proposed
alterations
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22
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Drainage easements and ways
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23
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Location of proposed and existing water detention
areas and all existing and proposed storm drainage pipes
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24
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Ditches, structures, culverts and outfalls,
fully described with information on inverts, slopes, materials, entrance
and outlet conditions, bedding in unstable soils, details of drainage
structures and endwalls and other standard engineering data on such
work
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25
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Details of storm drainage outlets showing no
direct discharge into a resource area
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(b)
The following guidelines are intended to aid
the applicant in deciding which plan items must be submitted to the
Commission for review. For final clarification of what items will
be required for a given project, please contact the Conservation Commission
Office.
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Work Description
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Plan Item Number
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Work in Buffer
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Grading/landscaping activities on single-family
lot
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1 to 11
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Addition to single-family house
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1 to 11
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Single-family house with leach field
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1 to 13
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Subdivision
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1 to 13; 21 to 25
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Commercial/industrial
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1 to 13; 21 to 25
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Work in Resource Area
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Work in wetland
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1 to 11; 12 to 14
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Work in stream
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1 to 11; 14 to 20
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Single-family house with limited access
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1 to 20
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Highway work
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1 to 11
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14 to 16 possibly
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17 to 20
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21 to 25 possibly
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(c)
Engineering calculations.
[1]
Engineering calculations are required to show the effect of the proposed activity on soil and water. Calculations and watershed modeling shall normally be performed using a hyrograph analysis based on the techniques developed by the United States Department of Agriculture, Soil Conservation Service. Calculations shall be made that show the impact for two-year, ten-year and one-hundred-year storms using the SCS Type II or III twenty-four-hour rainfall or other storms consistent with Belchertown Planning Board policy (Chapter
270, Subdivision of Land, §
270-29). The calculations shall be prepared by a registered professional civil engineer or qualified hydrologist.
[2]
Engineering calculations are required to fully
support the design of compensatory flood storage areas and stormwater
management systems, including detention or retention basins and infiltration
systems.
(d)
Soil and vegetation data. This information is
required to describe alterations to and replication of resource areas.
(e)
Wildlife habitat evaluation. A wildlife habitat
evaluation will be required where alterations exceed the threshold
specified in 310 CMR 10.60.
E. Public hearing.
(1) The Commission shall hold a public hearing within
21 days from the receipt of an application for permit. Notice of the
public hearing will be provided in the Belchertown Sentinel or other
local paper in accordance with the Open Meeting Law at the applicant's expense. Prior to issuing its permit,
the Commission may require the submission of additional data pertinent
to the application. The Commission may continue the hearing to receive
such information in accordance with Section 5 of the bylaw.
(2) Consolidation with hearing under the Wetlands Protection
Act. Pursuant to Section 4b of the bylaw, the Commission may consolidate the hearing under the Act
with the hearing under the bylaw.
F. Permit. Within 21 days of the close of the hearing,
the Commission will issue a permit/order of conditions with conditions
to protect the interests as identified under the bylaw. The written
decision will be signed by a majority of the Commission and shall
be valid for three years. Permits written under the Belchertown Wetlands
Bylaw and regulations may be on the same form as the state regulations
or on Form D, whichever may be appropriate. Permits shall be valid for three years.
(1) Conditions may be for the construction period (e.g.,
straw bales for temporary erosion control) or may be in perpetuity
(e.g., permanent buffer strips for erosion control, water supply protection
and wildlife habitat). Conditions may be structural (e.g., hay bale
barrier for erosion control) or may require a specified standard of
performance (e.g., prevention of erosion).
(a)
Standard conditions. A standard set of conditions
will be imposed on all projects approved by the Commission. See Appendix
A.
(b)
Special conditions. A special set of conditions
will be imposed on all projects approved by the Belchertown Conservation
Commission where it is deemed that such conditions are necessary to
protect the values of wetlands, related water resources and adjoining
land areas under its jurisdiction.
(2) Amended permits. If at any time after a permit has
been issued there is a change in the proposed activity, the applicant
or owner must notify the Commission, in writing, of the proposed changes
not less than 48 hours before a regularly scheduled meeting. No work
associated with these changes shall be conducted until the Commission
has reviewed the changes and issued a written decision. The person
making this request shall be notified by the Commission of its decision
within 21 days of the receipt of this request. The Commission may
determine that:
(a)
The changes represent a significant departure
from the original proposal and that the potential impacts of the new
proposal are sufficiently different from those of the original proposal
as to require the filing of a new application for permit.
(b)
The changes involve a moderate departure from
the original proposal and will require an amended permit. The Commission
shall publish newspaper notice (at the applicant's expense) and make
a decision on the request for an amended permit after a public hearing.
An amended permit must be filed at the Registry of Deeds with a marginal
reference to the original permit. The following may require an amended
permit:
[1]
Decrease in the distance from the resource area.
[2]
Increase in potential for erosion.
[3]
Increase in size and change in location of structure.
[4]
Increase in the amount of vegetation to be removed.
[5]
Activity beyond the limit of work.
(c)
The changes represent an insignificant change
in the original proposal and will have no likelihood of greater impact
on any wetland resource area. The person proposing these changes may
proceed with work upon written notification by the Commission.
(3) Denials. If the Commission deems that the interests
stated in the bylaw are not adequately protected under the terms of
the applicant's proposal, the Commission may refuse to issue a permit.
When the Commission votes to deny a permit, it shall issue a written
decision.
G. Appeals. Any person aggrieved by the permit or decision
of the Conservation Commission, whether or not previously a party
to the proceeding, may appeal according to the Massachusetts General
Laws.
H. Extensions of permits. See 310 CMR 10.05(8).
I. Final release/certificate of compliance. Upon completion
of the work permitted, the applicant shall request, in writing, that
the final release/certificate of compliance be issued stating that
the work has been satisfactorily completed.
(1) Upon written request by the applicant, a final release/certificate
of compliance may be issued within 21 days of receipt thereof and
shall certify that the activity or portions thereof described in the
application for permit and submitted plans have been completed in
compliance with the permit. The final release shall not be issued
until a site inspection is made by a member of the Commission and
shall be signed by a majority of the Commission. Final releases may
be combined with certificates of compliance issued under 310 CMR 10.05(6).
(2) If the Commission determines, after review and inspection,
that the work has not been done in compliance with the permit, it
may refuse to issue a final release/certificate of compliance. A refusal
will be issued within 21 days of receipt of a request for a final
release, will be in writing and will specify the reasons for denial.
(3) If the final permit contains conditions which continue
past the completion of the work, such as maintenance or monitoring,
the final release/certificate of compliance shall specify which, if
any, of such conditions shall continue.
(4) The final release will be recorded in the Registry
of Deeds or Land Court. Certification of the recording shall be sent
to the Commission. Upon failure of the applicant to so record, the
Commission may do so.
J. Recording in Registry of Deeds or Land Court.
(1) The following forms issued by the Commission are required
to be recorded in the Hampshire County Registry of Deeds or the Land
Court, whichever is appropriate:
(a)
Permit/order of conditions.
(b)
Amended permit/amended order of conditions.
(d)
Final release/certificate of compliance.
(e)
Negative determinations where recording is required
by conditions set forth in the determination.
(2) As proof of recording, the applicant must deliver
to the Commission the recording slip at the bottom of the permit,
extension permit or certificate of compliance. When required, proof
of recording of a determination of applicability shall be a copy of
the determination with recording number. No work can begin under an
order of conditions until proof of recording has been received by
the Commission. If the applicant fails to record in a timely manner
any of these documents (unless in accordance with exception below),
the Commission will record the order.
(3) If the applicant desires to delay the recording of
the permit, he/she or she shall so state, in writing, to the Commission
the reasons for the delay and the estimated date of recording before
the close of the hearing. In no case shall any construction commence
unless and until a permit has been recorded.
K. Performance guaranty. (Reserved)