The purpose of this chapter is to protect the
foreshores, wetlands and groundwater supply of the Town of Yarmouth
by controlling activities deemed to have a significant effect on wetland
and water quality values, including but not limited to the following:
public or private water supply, groundwater, flood control, erosion
control, storm damage, water pollution, fisheries, shellfish, wildlife
and recreation.
[Amended 4-12-1984 by Art. 48, approved 6-1-1984; 4-15-1987 by Art. 43]
As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes any individual, group of individuals, association,
partnership, corporation, company, business, organization, trust,
estate, administrative agency, public or quasi-public corporation
or body or any other legal entity or its legal representative, agents
or assigns, the commonwealth or any department and political subdivision
thereof.
The Conservation Commission is empowered to
deny permission for any dredging, filling, altering or constructing
on subject lands within the Town if, in its judgment, such denial
is necessary to fulfill the purposes of this chapter on either the
subject lands or land within 100 feet of said subject lands. Due consideration
shall be given to possible effects of the proposal on all values to
be protected under this chapter and to any demonstrated hardship on
the petitioner by reason of denial, as brought forth at the public
hearing.
The Commission may, as an alternative to denial,
impose such written conditions as it deems necessary to contribute
to the protection and preservation of subject lands in accordance
with the purpose of this chapter.
Notice required by §
143-2 of this chapter shall not apply to emergency projects necessary for the protection of the health or safety of the citizens of Yarmouth and to be performed by an administrative agency of the commonwealth or of the Town. An "emergency project" shall mean any project certified to be an emergency by the Yarmouth Conservation Commission. In no case shall any filling, dredging, constructing or altering commence prior to any emergency certification nor extend beyond the time necessary to abate the emergency.
Any person filing a notice of intention or requesting
a prior determination under this chapter shall, in writing and at
the same time, notify all abutters, and the owner of the subject property
on which work is proposed or for which prior determination is sought
if different from the petitioner, by certified mail or hand delivery
or by publication in a local newspaper, of his intention to so alter
or request said determination. A list of persons so notified shall
be presented to the Yarmouth Conservation Commission with said notice
of intention or request for prior determination. Said notification
shall include the date, time and place of the hearing.
The Conservation Commission may require the
posting of a bond with surety, running to the municipality and sufficient
as to form and surety, in the opinion of the Commission's Counsel,
to secure faithful and satisfactory performance of work required by
any final order of conditions, in such sum and upon such conditions
as the Commission may require. Other evidence of financial responsibility
which is satisfactory to the Commission may be accepted in lieu of
bonding. Notwithstanding the above, the amount of such bond shall
not exceed the estimated cost of the work required or the restoration
of affected lands and properties if the work is not performed as required,
whichever is greater. Forfeiture of any such bond shall be recoverable
at the suit of the municipality in Superior Court.
[Added 4-8-1986 by Art. 17, approved 5-8-1986]
Any person, as defined in §
143-3 of this chapter, who violates or causes to be violated §
143-2A of this chapter shall be punished by a fine of not less than $100 or more than $300 for each violation and, in addition, not less than $300 for each subsequent violation. This section shall be enforced by any officer having police powers in the Town of Yarmouth.