I.
WETLANDS PROTECTION (numbered as passed)
7-1
Purpose.
7-2
Jurisdiction.
7-3
Exceptions.
7-4
Applications for Permits.
7-5
Notice and Hearings.
7-6
Coordination with Other Boards.
7-7
Permit and Conditions.
7-7
Regulations.
7-8
Definitions.
7-9
Security.
7-10
Enforcement.
7-11
Burden of Proof.
7-12
Relation to the Wetlands Protection Act.
7-13
Severability.
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I.
WETLANDS PROTECTION
7-1
Purpose.
The
purpose of this ordinance is to protect the wetlands, related water resources,
and
adjoining land areas in the City by controlling activities deemed to have
significant
effect upon wetland values, including but not limited to the following:
public
or private water supply, groundwater, flood control, erosion and sedimentation
control,
storm damage prevention, water pollution prevention, fisheries, recreation,
agriculture,
aquaculture, and historic values, (collectively, the "interests protected
by
this
ordinance").
7-2
Jurisdiction.
Except
as permitted by the Conservation Commission or as provided in this
Ordinance,
no person shall remove, fill, dredge, alter or build within 150 feet of any
fresh
water wetland, marsh, meadow, bog or swamp; upon or within 150 feet of any
lake,
river, pond, stream; upon or within any land under said waters; or upon any
7-1
land
subject to flooding or inundation by groundwater or surface water. (Prior Ch.
9-
A,
sec.4; new Ord. dated 06/24/87).
7-3
Exceptions.
The
permit and application required by this ordinance shall not be required for
maintaining,
repairing, or replacing an existing and lawfully located structure or
facility
used in the service of the public to provide electric, gas, water, sanitary
sewer,
storm drainage, public roadway, telephone, telegraph, or other
telecommunication
services, provided that the structure or facility is not substantially
changed
or enlarged, provided that written notice has been given to the Commission
prior
to commencement of work, and provided that the work conforms to
performance
standards and design specifications in regulations adopted by the
Commission.
The
permit and application required by this ordinance shall not apply to emergency
projects
necessary for the protection of the health or safety of the public, provided
that
the work is to be performed by or has been ordered to be performed by an
agency
of the Commonwealth or a political subdivision thereof, provided that
advance
notice, oral or written, has been given to the commission prior to
commencement
of work or within 24 hours after commencement, provided that the
Conservation
Commission certifies the work as an emergency project, and provided
that
the work is performed only for the time and place certified by the Conservation
Commission
for the limited purposes necessary to abate the emergency. Within 21
days of
commencement of an emergency project a permit application shall be filed
with
the Commission for review as provided in this ordinance.
Other
than stated in this section, the exceptions provided in the "Wetlands
Protection
Act" (G.L. Ch. 131 Sec.40, as amended) shall not apply.
7-4
Applications for Permits.
Written
application shall be filed with the Commission to perform work regulated by
this
ordinance on resource areas protected by this ordinance. The application shall
include
such plans as are deemed necessary by the Commission to describe
proposed
activities and their effects on the environment. No work shall commence
without
receiving and complying with a permit issued pursuant to this ordinance.
The
application and plans shall contain data as required by this ordinance and
regulations
adopted by the Commission.
The
Commission in an appropriate case may accept as the application and plans
under
this ordinance the Notice of Intent and plans filed under the Wetlands
Protection
Act, MGL ch. 131, Sec. 40.
7-2
At the
time of application the applicant shall pay a filing fee specified in
regulations
of the
Commission. In addition, the applicant shall agree in writing to pay the costs
and
expenses of any expert consultant deemed necessary by the Commission to
review
the applications up to a maximum of $2,500.00.
Any
person desiring to know whether or not proposed work on the area is subject to
this
ordinance may in writing request a determination from the Commission. Such a
request
for determination shall contain data and plans specified by the regulations of
the
Commission.
7-5
Notice and Hearings.
Any
person filing an application or a request for determination with the Commission
at the
same time shall give written notice thereof, by certified mail or hand delivery,
to all
abutters according to the most recent records of the assessors, including those
across
a traveled way, or railroad bed. The notice shall enclose a copy of the
application
or request, with plans, or shall state where copies may be examined by
abutters.
When a person requesting a determination is other than the owner, the
request,
the notice of the hearing and the determination itself shall be sent by the
Commission
to the owner as well as to the person making the request.
The Commission
shall conduct a public hearing on any application or request for
determination,
with written notice given at the expense of the applicant five working
days
prior to the hearing, in a newspaper of general circulation in the City.
The
Commission shall commence the public hearing on any application or request
for
determination within 21 days from receipt.
The
Commission shall issue its permit or other action, or determination in writing
within
21 days of the close of the public hearing thereon.
The
Commission in an appropriate case may combine its hearing under this
ordinance
with the hearing conducted under the Wetlands Protection Act, M.G.L. ch.
131,
Sec. 40.
For
reasons announced by the Commission at the hearing, the Commission shall
have
authority to continue or postpone the hearing to a date certain announced at
the
hearing, either for receipt of additional information offered by the applicant
or
others,
or for information required of the applicant, deemed necessary by the
Commission
in its discretion. In the event the applicant objects to a continuance or
postponement,
the hearing shall be closed and the Commission shall take action on
such
information as is available.
7-6
Coordination with Other Boards.
7-3
Any
person filing a permit application or request for determination with the
Commission
shall provide one complete copy, including appropriate plans, at the
same
time, by certified mail or hand delivery, to the Clerk of the City Council,
Planning
Board, Board of Health and Building Commissioner. The Commission shall
not
take final action until such boards and officials have had 14 days from receipt
of
the
notice to file written comments and recommendations with the Commission,
which
the Commission shall take into account but which shall not be binding on the
Commission.
7-7
Permit and Conditions.
If the
Commission after a public hearing determines that the area which is the
subject
of the application is likely to be significant to the interests protected by
this
ordinance,
the Commission, within 21 days of the close of the hearing, shall issue or
deny a
permit for the work requested. If it issues a permit, the Commission shall
impose
conditions which the Commission deems necessary or desirable to protect
those
interests, and all work shall be done in accordance with those conditions.
If the
area is deemed not likely to be significant to the interests protected by this
ordinance,
the Commission shall so inform the applicant that the work does not
require
a permit.
Permits
shall expire three years from the date of issuance. Any permit may be
renewed
once for an additional one year period, provided that a request for an
extension
is received in writing by the Commission prior to expiration.
For
good cause the Commission may revoke or modify a permit issued under this
ordinance,
provided, however, that no such revocation or modification shall occur
until
the Commission has conducted a public hearing on the matter.
The Commission
in an appropriate case may combine the permit or other action on
an
application issued under this ordinance with the Order of Condition issued
under
the
Wetlands Protection Act.
7-7
Regulations.
After
public notice and public hearing the Commission shall promulgate rules and
regulations,
including a filing fee schedule, to effectuate the purposes of this
ordinance.
Failure by the Commission to promulgate such rules and regulations or a
legal
declaration of their invalidity by a court of law shall not act to suspend or
invalidate
the effect of this ordinance.
7-4
At a
minimum these regulations shall define key terms in this ordinance not
inconsistent
with this ordinance.
7-8
Definitions.
The
following definitions shall apply in the interpretation and implementation of
this
ordinance.
The
term "person" shall include any individual, group of individuals,
association,
partnership,
corporation, company, business organization, trust, estate, the
Commonwealth
of political subdivision thereof to the extent subject to city
ordinances,
administrative agencies, public or quasi-public corporations or bodies,
the
City of Woburn, and any legal entity, its legal representatives, agents, or
assigns.
The
term "alter" shall include, without limitation, the following actions
when
undertaken
in resource areas subject to this ordinance:
(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 elevation;
(f)
Driving of piles, erection of buildings, or structures of any kind;
(g)
Placing or obstructions of objects in water;
(h)
Destruction or dislocation of plant life including cutting and moving of trees;
(i)
Changing water temperature, biochemical oxygen demand, or other physical
or
chemical characteristics of water;
(j) Any
activities, changes or work which pollute or cause displacement of any
body of
water or groundwater.
7-9
Security.
As part
of a permit issued under this ordinance, in addition to any security required
by any
other city 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 negotiable securities sufficient in
the
opinion of the Commission;
7-5
(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 the City and members of the public, whereby
the
permit conditions shall be performed and observed before any lot may be
conveyed
other than by mortgage deed.
7-10
Enforcement.
The
Commission, its agents, officers, and employees shall have authority to enter
upon
privately owned land for the purpose of performing their duties under this
ordinance
and may make cause to be make such examinations, surveys or
sampling
as the Commission deems necessary.
The
Commission shall have authority to enforce this ordinance, its regulations, and
permits
issued thereunder by violation notices, administrative orders, and civil and
criminal
court actions.
Upon
request of the Commission, the City Solicitor shall take legal action for
enforcement
under civil law. Upon request of the Commission the Chief of Police
shall
take legal action for enforcement under criminal law.
In the
alternative to criminal prosecution the Commission may elect to utilize the
noncriminal
disposition
procedure set forth in M.G.L. c. 40, Section 21D.
City
boards and officers, including any City police officer or other officer having
police
powers, shall have authority to assist the Commission in enforcement.
Any
person who violates any provision of this ordinance, regulations thereunder, or
permits
issued thereunder, shall be punished by a fine of not more than $300.00.
Each
calendar day or portion thereof during which a violation continues shall
constitute
a separate offense, and each provision of the ordinance, regulations or
permit
violated shall constitute a separate offense.
7-11
Burden of Proof.
The
applicant for a permit shall have the burden of proof by a preponderance of the
credible
evidence that the work proposed in the application will not harm the
interests
protected by this ordinance. Failure to provide evidence to the Commission
supporting
a determination that the proposed work will not harm the interests
protected
by this ordinance shall be sufficient cause for the Commission to deny a
permit
or grant a permit with conditions.
7-6
7-12
Relation to the Wetlands Protection Act.
7-13
Severability.
This
ordinance is adopted under the Home Rule Amendment of the Massachusetts
Constitution
and the Home Rule statutes, independent of the Wetlands Protection
Act,
M.G.L. ch. 131, Section 40, and regulations thereunder.
The
invalidity of any section or provision of this ordinance shall not invalidate
any
other
section or provision thereof, nor shall it invalidate any Order of Conditions
which
previously has been issued. (Ord. dated 4/19/85).
7-7
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7-8