The purpose of these regulations is to aid in the consistent
and effective implementation of the Groton Wetlands Protection Bylaw by way of further definition; explanation and specification;
and illustration and example of the bylaw's provisions. These
regulations are intended to clarify but not expand, extend, modify,
or replace any provision of the Groton Wetlands Protection Bylaw.
Unless requested otherwise by the Commission, the wetland permit application shall be made on the notice of intent (NOI) or request for determination of applicability (RDA) form issued under the Wetlands Protection Act, MGL C. 131, § 40, and regulations, 310 CMR 10.00. In addition, the applicant shall complete and file with the application a Town of Groton Form of Intent (FOI). The application shall be accompanied by a legal notice fee, appropriate documentation, and the appropriate fee (see §
344-15F) in order to be processed by the Conservation Commission. The application shall include, as appropriate, documentation such as, but not limited to, plans, maps, tables, charts, wetlands and/or wildlife reports, drainage calculations and reports, and information on stormwater mitigation. If a replication area is proposed, the applicant is required to submit the items listed in the "Wetland Replication Requirement List" (Appendix A) with the NOI. The Commission may require multiple (nine) copies of the
full submittal package, and the applicant must ascertain the appropriate
number with the Conservation Commission and/or its agent prior to
filing.
A. Time frames for submission of documentation. The applicant must submit
all supporting documentation to the Conservation Commission no later
than 10 business days prior to the scheduled public hearing or its
continuation. This is the minimum time needed to allow the Commission
and staff to properly review, analyze, and check the information provided.
Documentation submitted with fewer than the minimum 10 business days
for review may be excluded from consideration at the scheduled hearing
and held for discussion at a subsequently scheduled hearing.
B. Wetland resource designations on plans.
(1) All plans submitted to the Conservation Commission for an order of conditions or wetlands permit under §
215-4 of the bylaw must show all wetland resources on the property and within 100 feet of the property lines (200 feet in the case of perennial streams), regardless of whether or not the proposed work is expected to occur within the jurisdictional areas associated with the resource.
(a)
Plans shall conform to the following requirements (see Appendix
B for checklist):
[1]
Sheet size: maximum 30 inches by 42 inches.
[2]
Scale: as needed to show all necessary details, but at a ratio
no greater than 1:480 (e.g., one inch equals 40 feet).
[3]
Title block: located at lower right-hand corner with:
[a] Name of the owner of record, applicant, PLS/RPE
(if involved).
[b] Lot number, street number, street, Tax Assessor's
Map, block and parcel/lot numbers.
[d] Revision area for dates and nature of revisions.
[6]
Nearest utility pole number, if applicable.
[7]
Reference bench mark (vertical datum used).
[8]
Legend depicting all natural resources and significant site
features.
[10]
Wetland boundaries indicated by numbered points corresponding
to flags placed in the field, with elevation of flags.
[11]
Buffer zone boundary lines:
[a] Fifty feet and 100 feet to bordering vegetated
wetlands.
[b] Fifty feet and 100 feet to vernal pools.
[c] Fifty feet and 100 feet to isolated wetlands.
[d] Fifty feet and 100 feet to ponds and lakes.
[e] Fifty feet and 100 feet to banks.
[f] Fifty feet and 100 feet to intermittent creeks
and streams.
[12]
Resource areas, per §
215-2, within 100 feet of proposed work, or in the case of a perennial river or a river, stream, or creek with designated riverfront area, within 200 feet, regardless of property boundaries.
[a] Calculated area of disturbance within the two-hundred-foot
riverfront.
[13]
Existing improvements, e.g., buildings, stone walls, trails.
[14]
All existing topography and proposed contours at a contour interval
no greater than two feet.
[16]
All proposed or completed alterations.
[17]
Location of well and septic system with reserve area.
[18]
Erosion/sedimentation control measures.
[20]
All discharge points and culverts, including those in the public
way.
[21]
Property boundaries, rights-of-way, easements, restrictions.
[22]
Conservancy district, if applicable (show as cross-hatched area,
including all adjacent bordering vegetated wetlands).
[23]
Applicable "no disturb" zone.
[24]
Pre- and post-development overstory tree canopy line within the buffer zone. [See the definition of "alter" in §
215-9B, Subsection (8).]
[25]
Record the person(s) and firm that delineated the resource areas.
[26]
Placement of aboveground and underground utilities.
[27]
Stamp and signature of a registered professional land surveyor
or a registered professional engineer. In circumstances where the
Commission determines that no survey is required, the stamp and signature
of a registered sanitarian may be acceptable.
(2) In those instances where the project is part of a subdivision, a
plan must be submitted to the Conservation Commission showing all
wetland resources located within the subdivision boundaries and within
100 feet of those boundaries (200 feet in the case of perennial streams).
(3) Failure to provide this information, or providing erroneous or false information, shall be grounds for denying, suspending, or revoking the permit as outlined in §
215-5 of the bylaw.
C. Documentation for violations. All filings associated with a notice
of violation shall include an accurate plan that clearly and explicitly
shows all jurisdictional resource areas on the property and the area(s)
of disturbance, including an explicit tabulation of the size of the
disturbance. The Conservation Commission may require a surveyed/engineering
plan.
D. Request for determinations of applicability (RDA). A request for
determination of applicability (RDA) must include all potential wetland
and adjacent upland resource areas under a single comprehensive delineation.
E. Coordination with other boards. As appropriate, the Commission may
require the applicant to provide additional copies of the application
and plans for other boards (Select Board, Board of Health, Planning
Board, Department of Public Works, Groton Water Department and West
Groton Water Supply District, Earth Removal Stormwater Advisory Committee);
said boards shall have 10 days from the date of filing to provide
written recommendations and comments. Failure of any other board to
comment shall indicate no concerns.
[Amended 10-1-2018 ATM
by Art. 14]
F. Application fees.
(1) Permit fees.
(a)
Permit fees are payable at the time of application and are nonrefundable.
(b)
Permit fees shall be calculated by the Conservation Commission
according to the schedule below.
(c)
Failure to comply with an enforcement order shall result in
a fee of 1.5 times the customary fee for the notice of intent.
(d)
Permit fees are in addition to those required by the Wetlands
Protection Act, MGL C. 131, § 40, and regulations, 310 CMR
10.00.
(e)
Town, county, state, and federal projects are exempt from the
filing fee.
(f)
The fee for an application for a modification of a permit will
be the excess of the fee for the modified project as calculated below
over the fee paid for the original permit. There is a minimum fee
of $25 for modifications, which may, in the case of minor projects,
be waived at the discretion of the Commission.
(g)
Agricultural projects are exempt from filing fees.
(h)
Fee schedule.
Schedule of Permit Fees
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|
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(a)
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Single minor project, e.g., house addition, tennis court, swimming
pool, or other accessory residential activity
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$25 per project
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(b)
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Extensions
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|
|
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Residential structure or minor project
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No charge
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Commercial, subdivision
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$250
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(c)
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New residential structure
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$125
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(d)
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Subdivision: road and utilities only
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$500
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(e)
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Drainage, detention/retention basins
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$500
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(f)
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Multiple-dwelling structure
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$500
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(g)
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Commercial, industrial and institutional projects
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|
|
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Major (new construction or addition of more than 1,000 square
feet of floor area)
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$500
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(h)
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Wetland crossings
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Driveway
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$75
|
|
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Roadway
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$500
|
(i)
|
Application filed after enforcement order
|
1.5 x the above fees
|
(j)
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Request for determination of applicability
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No charge
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(k)
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Remediation of a contaminated site or enhancement of a degraded
resource (excluding violations)
|
No charge
|
(2) Single minor projects.
(a)
For the purposes of fee determination, work to remove debris
and hazardous materials from wetlands, and wetland restoration projects,
and similar projects for improving the natural capacity of a wetland
resource to protect or enhance wetland values shall be considered
a single minor project.
(b)
The Conservation Commission may require the services of outside consultants for the review of work in or near wetland resource areas due to the size, scale, or complexity of a proposed project, because of a project's potential impacts, or because the Town lacks the necessary expertise to perform the review work. As provided by MGL C. 44, § 53G, the Town of Groton Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services deemed necessary by the Commission to adequately review an application submitted to the Conservation Commission pursuant to the requirements of the Wetlands Protection Act (MGL C. 131, § 40), the Town of Groton non-zoning wetlands bylaw (Chapter
215 of the Code of the Town of Groton), the Conservation Commission Act (MGL C. 40, § 8C), or any other state or municipal statute, bylaw, ordinance, or regulation, as they may be amended or enacted from time to time.
(c)
Funds received by the Conservation Commission pursuant to these
rules shall be deposited with the Groton Town Treasurer, who shall
establish a special account for this purpose. Expenditures from this
special account may be made at the direction of the Conservation Commission
without further appropriation as provided in MGL C. 44, § 53G.
Expenditures from this account shall be made only in connection with
the review of a specific project or projects for which a consultant
fee has been collected from the applicant. The Commission shall return
any unused portion of the consultant fee to the applicant, including
any accrued interest, at the conclusion of the project.
(d)
Specific consultant services may include, but are not limited
to, resource area survey and delineation, analysis of resource area
values (including wildlife habitat), hydrogeologic and drainage analysis,
drafting a permit, impacts on municipal conservation lands, and review
of environmental or land use law. The consultant shall be chosen by,
and report only to, the Commission and/or its administrator.
(e)
The Conservation Commission shall decide at a public hearing
and shall give written notice to the applicant of the selection of
an outside consultant, which notice shall state the identity of the
consultant, the amount of the fee to be charged to the applicant,
and a request for payment of said fee in its entirety. Such notice
shall be deemed to have been given on the date it is mailed or delivered.
No such costs or expenses shall be incurred by the applicant if the
application or request is withdrawn within five days of the date notice
is given. The fee must be received in its entirety prior to the initiation
of consulting services. The Commission may request additional consultant
fees if necessary review requires a larger expenditure than originally
anticipated or new information requires additional consultant services.
Failure by the applicant to pay the consultant fee specified by the
Commission within 10 business days of the request for payment shall
be cause for the Commission to determine that the application is administratively
incomplete (except in the case of an appeal). The Commission shall
state such in a letter to the applicant, copied to the DEP. No additional
review or action shall be taken on the permit request until the applicant
has paid the requested fee. Failure by the applicant to pay the consultant
fee specified by the Commission within 10 business days of the request
for payment shall be cause for the Commission to deny the permit application.
(f)
The applicant may appeal the selection of the outside consultant
to the Groton Select Board, who may disqualify the outside consultant
selected only on the grounds that the consultant has a conflict of
interest or does not possess the minimum required qualifications.
The minimum qualifications shall consist of either an educational
degree or three or more years of practice in the field at issue or
a related field. Such an appeal must be in writing and received by
the Select Board and a copy received by the Conservation Commission,
so as to be received within 10 days of the date consultant fees were
requested by the Conservation Commission. The required time limits
for action upon the application shall be extended by the duration
of the administrative appeal.
[Amended 10-1-2018 ATM
by Art. 14]
(g)
The Commission shall utilize the following procedure for obtaining
cost estimates for review by outside consultants:
[1]
Request a written estimate from the consultant on the cost to
review the project, including the cost to attend meetings with the
design engineer and public hearing(s), if necessary.
[2]
The Commission shall vote to accept the estimate with a provision
that the cost to review the project shall not exceed the estimate
without written approval from the Commission.
[3]
The Commission shall inform the applicant of the cost estimate
for project review and of any additional costs that may be incurred.
As used in this article, the following terms shall have the
meanings indicated:
ADJACENT UPLAND RESOURCE AREA FOR VERNAL POOLS
The adjacent upland resource area for vernal pools shall
extend 100 feet from the mean annual high-water line defining the
depression or 1/2 of the distance between the vernal pool and any
existing foundation for an existing residential house, whichever is
smaller. In either case, the adjacent upland resource area for vernal
pools shall not extend over existing lawns, gardens, landscaped or
developed areas.
DIRECT DISCHARGE
Includes, without limitation, any outfall of water that empties
into wetland resource areas.
DISCHARGES INTO WETLANDS
As listed under §
215-2 of the bylaw, shall include, without limitation, any discharge from the project that flows to a wetland resource or adjacent upland resource through new or existing drainage structures, including existing road drainage pipes, that empty into wetland resources or adjacent upland resources regardless of the distance between the project site and the wetlands resources or adjacent upland resources.
DISTANCE
All distances noted in the bylaw (excluding depth), such
as adjacent upland resources distances, are planar distances measured
along a single elevation. Consequently, on steeply sloped topography
the measured over-ground distance may not accurately reflect the distances
specified in the permits and conditions specified by the bylaw. In
particular, the one-hundred-foot adjacent upland resource on steeply
sloped land will measure considerably more than 100 feet when measured
over ground on site.
DRIVEWAY
A private way providing access from a public roadway to a
building or a lot. Driveway surfaces vary and may include, but not
be limited to, dirt, gravel, asphalt, brick, or pavers. Driveways
are assumed to have a negative effect on wetlands and therefore should
be located outside the upland resource area unless the applicant demonstrates
to the satisfaction of the Commission that the proposed location will
not negatively affect the resource areas or that it is the best feasible
location.
FLOOD STORAGE AS AN ALTERATION
Includes storage of floodwaters and stormwater runoff waters
in wetlands. Storage of floodwaters and stormwater runoff is prohibited
unless the Conservation Commission deems that such action would enhance
wetland values and functions.
HYDRAULIC CONNECTION
A hydraulic connection is any surface water connection, whether
natural or artificially created or modified, including, but not limited
to, surface and subsurface pipes, culverts, ditches, underground channels,
etc.
MINOR GRADING
Elevation changes are less than two feet. Slopes greater
than 5% shall not exceed one foot change in elevation.
RECREATION
Connotes passive recreation activities that do not conflict
with or diminish other wetland values and functions. Examples include,
without limitation, bird watching and other nature studies, walking
and hiking, canoeing and, as appropriate, fishing, hunting, etc.
RETAINING WALL
A facing composed of stone, timbers, poured concrete, blocks,
or other aggregate materials arranged in such a way as to hold back
and stabilize an embankment.
VERNAL POOL SPECIES
Any species of reptile, amphibian, or invertebrate that breeds
in a vernal pool. These species may be obligate or facultative.
VOLUME OF A DETENTION/RETENTION BASIN
Basin volume shall be calculated as that volume contained
between the basin's one-hundred-year flood elevation and the
lowest elevation of the basin floor, except that in the case of a
wet detention basin, 50% of the calculated volume shall be used for
fee determination purposes.
WET DETENTION BASIN
A.
A wet detention basin is a detention basin designed to hold
water for at least two continuous months during the spring/summer,
where the ponding area covers at least 1/3 of the basin floor to an
average depth of six inches of water, which supports wetland vegetation,
and which meets the other design requirements set by the Conservation
Commission.
B.
For the purposes of the bylaw, a wet detention basin shall be
considered a constructed wetland and not acceptable as part of a wetland
replication plan. As a constructed wetland, a wet detention basin
shall be presumed to serve two wetlands values: pollution attenuation
and flood control. The adjacent upland resource for wet detention
basins shall extend two feet beyond the break in slope of the detention
basin, unless the basin wetland attains dimensions consistent with
jurisdiction under the Massachusetts Wetlands Protection Act, in which
case a full one-hundred-foot adjacent upland resource shall apply.
WETLAND BOUNDARY
Will be delineated, at the discretion of the Commission,
through the use of one or more of the following characteristics:
A.
The presence of hydric soils.
C.
The presence of vegetation consisting of 50% or more wetland
species classified as: