The purpose of this chapter is to protect the
wetland-related water resources and the adjoining land areas in the
Town of Southborough by controlling activities deemed by the Southborough
Conservation Commission to have a significant or cumulative effect
upon wetland values: public or private water supply, flood control,
groundwater supply, storm damage prevention, erosion and sedimentation
control, wildlife habitat, water pollution control, fisheries and
freshwater shellfish, and recreation (collectively "the wetland values
protected by this chapter").
Except as permitted by the Conservation Commission
or as provided in this chapter, no person shall remove, fill, dredge,
build upon, degrade, discharge into or otherwise alter the following
resource areas or within 20 feet of their borders: any freshwater
wetland, bordering vegetated wetland, marsh, wet meadow, bog or swamp,
any bank, beach, lake, river, pond, stream or any land under said
waters, any vernal pool, any land subject to flooding or inundation
by groundwater, surface water or storm flowage (collectively, "the
resource areas"). Any proposed work which falls within 100 feet (the
"buffer zone") of the previously mentioned resource areas must be
approved by the Conservation Commission.
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 other undertaking
of financial responsibility sufficient in the opinion of the Commission.
This security shall be received by the Commission prior to the commencement
of the work and will be released in whole or in part upon issuance
of a certificate of compliance for work performed pursuant to the
permit.
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. This method shall
be used only with the consent of the applicant.
The applicant for a permit shall have the burden
of proving by a preponderance of the credible 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.
A decision of the Commission shall be reviewable in the Superior Court in an action filed within 60 days thereof in accordance with MGL c. 249, §
4.
This chapter is adopted under the Home Rule
Amendment of the Massachusetts Constitution and the Home Rule statutes,
independent of the Wetland 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.