Town of
WETLAND PROTECTION BYLAW
RULES AND REGULATIONS
Table of Contents
Section 1.01 Authority, Jurisdiction and Purpose
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Article II. Exemptions and Exceptions
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(a)
Single-family
Home Lots
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2
(b)
Waivers
and Variances
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2
Article III. Permit Applications and Requests
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Section 3.01 Time Periods
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Section 3.02 Fees
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(a)
General
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(b)
Fee
Definition and Schedule
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2
(c)
Fees
for Advertising the Public Hearing
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Section 3.03 Request for Determination of Applicability
(RDA)
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Section 3.04 Notices of Intent
(NOI)
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Section 3.05 Request for Extension to an
Order of Conditions (OOC)
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5
Article IV. Permits, Determinations and Conditions
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6
Section 4.01 Performance Standards, Conditions and Restrictions
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(a)
Pre-construction
Requirements
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(b)
Wetland
Setback Policy
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(c)
Resource
Flagging and Marking
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(d)
Ground
Water Recharge
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(e)
Erosion
Control and Prevention
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(f)
Storage
of Fill
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(g)
Construction
Debris
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(h)
Wetlands
Replacement and Resource Area Restoration
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(i)
Post
Construction Requirements
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Article V. Definitions
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Article VI. Compliance and
Release
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Section 6.01 Certificates of Compliance (COC)
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These
regulations, promulgated in accordance with the 2008 Northbridge Wetlands
Protection Bylaw (hereafter called the Bylaw), having been voted by the
Northbridge Conservation Commission on March 11, 2009 and having been filed
with the Northbridge Town Clerk are effective as of March 13, 2009.
In
accordance with §7-703 D of the Bylaw, applications and permits required by the
Bylaw are not required for single-family home lots in existence prior to the
effective date of the Bylaw. Therefore,
any single-family home lot duly recorded with the Worcester County Register of
Deeds on or before September 10, 2008 is exempt from the Bylaw. Lots created through subdivision after September
10, 2008 are subject to the provision of the Bylaw and these Regulations. This exemption in no way removes any
requirement for applications and permits required by the Massachusetts Wetland
Protection Act.
Upon
an appeal or a petition, with respect to a finding or decision on a submission,
the Commission may grant a variance from the terms of the Wetland Bylaw and
these Regulations where the Commission specifically find that, owing to
circumstances relating to the soil conditions, shape or topography of land and
especially affecting such land but not affecting, generally, the wetland
interests protected by the Bylaw, a literal enforcement of the provisions of
the Bylaw would involve substantial hardship, financial or otherwise, to the
appellant or petitioner, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the Bylaw. In authorizing such variance, the Commission
may impose limitations of time, locus and conditions of work such as, but not
limited to those specified in §7-707 of the Bylaw and Article V of this
Regulation.
In
order to insure adequate and proper review by the Commission, staff and the
public, all permit applications and related documentation -- including forms,
narrative descriptions, plans, maps, tables, charts, reports, etc. -- must be
submitted to the Conservation Commission no later than fourteen (14) days prior
to the scheduled public hearing, or its continuation. Documentation submitted by the Applicant
thirteen (13) days or less before the public hearing may be excluded from said
hearing or held for discussion at a subsequently scheduled hearing if, in the
opinion of the Commission, the Commission, staff or public will not have
adequate or sufficient time to properly consider said material.
Section
7-704 of the Bylaw provides for two types of payments by applicants. Though both are called fees, one is the
filing fee payable at the time of submitting an application and the other is
the consultant fee, paid in special cases when needed. In both cases, these fees are deposited into
the Wetland Protection Revolver Account.
The fees are set forth as follows:
Permit
fees are payable at the time of application and are non-refundable. Fees shall be calculated by the Commission or
its agent using the schedule below.
These fees are in addition to and separate from those fees required by
the Commonwealth of Massachusetts Department of Environmental Protection. Town of
Permit
applications will not be considered complete unless all local and state fees
are paid at the time of application submittal.
The Conservation Commission shall notify, in writing, the applicant when
the correct filing fee has not been paid to the town and the filing is therefore
incomplete. Said notification shall
specify the correct fee amount. The fee
will be based on the project design as proposed at the time of filing and based
on any changes or amendments made during the public hearing process which
increase the size of the project.
Rebates will not be given for projects which decrease in size during the
public hearing, due to an applicants failure to consider alternatives and
reasonable use prior to the initial filing.
At
the time of a permit application, the applicant shall pay a filing fee
according to the following schedule:
a)
Request
for Determination of Applicability (RDA)
<
3 acres $100
3+
acres $150
b)
Notice
of Intent (NOI)
The
Notice of Intent filing fee shall be 50% of that total fee which is applied
under the State NOI filing fees as of
For example, a proposed project which comes
under Category 2 of the State fee schedule ($500 State filing fee) shall be
assessed a fee under the Town Bylaw of $250, payable to the Town of Northbridge
(i.e. State Fee x 0.50).
c)
Abbreviated
Notice of Resource Area Delineation (ANRAD)
The ANRAD filing fee
shall be 50% of that total fee which is applied under the State ANRAD filing
fees as of
d)
Request
for Extension to Order of Condition $100
Upon
receipt of a Notice of Intent, Abbreviated Notice of Resource Area Delineation,
or Request for Determination of Applicability, or at any point in its deliberations,
the Commission may deem it necessary to obtain expert engineering or other
outside consultant services in order to reach a final decision on the
application. The specific consultant
services may include, but are not limited to, Resource Area survey and
delineation, analysis of Resource Area values (including Wildlife Habitat
evaluations), hydrogeologic and drainage analysis, and/or environmental or land
use law.
In
such instances the Commission shall notify the Applicant of this need and shall
provide the opportunity for the application to be amended or withdrawn. Should an Applicant choose to proceed, the
Commission shall require the Applicant to pay the reasonable costs and expenses
for these consulting services. This fee
is called the consultant fee. The
exercise of discretion by the Commission in making its determination to require
the payment of a consultant fee shall be based upon its reasonable finding that
additional information acquirable only through outside consultants would be
necessary for the making of an objective decision.
The
Commission may require the payment of the consultant fee at any point in its
deliberations prior to a final decision.
The
applicant is responsible for the cost of legal advertisement of the public
hearing. The advertisement will be
placed by the Conservation office and the fee shall be paid by the applicant
prior to the issuance of a decision by the Commission.
A
Request for Determination Of Applicability (RDA) shall include sufficient
information to enable the Commission to find and view the area and to determine
whether the proposed Work will Alter resource areas protected by the
Bylaw. The information shall be submitted
using Form 1 of the Wetland Protection Act, M.G.L. Chapter 131, §40 (WPA or the
Act) and shall include, at a minimum:
a)
All
Wetlands that are within 100 feet of the edge of Activity;
b)
Riverfront
Areas including inner and outer riparian zones
c)
Wetland
Protection Setbacks (See §5.03 (B) (2))
d)
The
100 foot Buffer Zone;
e)
Erosion
and sedimentation control/prevention devices and method of maintenance;
f)
The
edge of disturbance, if different from the erosion control/prevention devices.
g)
Location
of stockpiled materials, if any.
At
the public meeting, the Commission will make a positive or a negative
determination:
Positively: that
the area or Activity is subject to the jurisdiction of the Bylaw and requires
the filing of a Notice of Intent; or
Negatively: that
the area or Activity is not subject to the jurisdiction of the Bylaw, or that
the interests protected by the Bylaw are fully protected by the project as
proposed.
Written
application shall be filed with the Commission to perform Activities regulated
by the Bylaw affecting Resource Areas protected under the Bylaw. The Applicant shall provide the Commission
with two copies of the filing (WPA Form 3), and provide the Department of
Environmental Protection with one copy.
The application shall include such information and Plans as are deemed
necessary by the Commission to describe proposed Activities and their effects
on Areas Subject to Protection. No
Activities shall commence without receiving, recording and complying with an
Order of Conditions issued pursuant to the Bylaw, and receiving a file number
from the Massachusetts Department of Environmental Protection.
a)
Limit
of construction line shall be shown on plan.
b)
Area
(square footage) of all proposed disturbance within any jurisdictional area
shall be called out on design plan.
c)
The
location and details of foundation and storm water management measures.
a)
Field
location (flagging) and indication on the design plan of all trees 6" or
greater diameter at breast height (DBH) that are proposed to be cut or felled
in the resource area and buffer zone.
(e) Upon approval
of the final plan by the Conservation Commission, the applicant will provide a
copy of the final plan in pdf format to the Commission before the release of
the Orders of Conditions.
The
Conservation Commission's experience in reviewing a wide variety of projects
demonstrates that alteration or construction activities in the buffer zone
close to the resource, consistently result in destructive effects on the
wetlands themselves. These include, but
are not limited to, disturbance of natural vegetation along the wetlands
boundary, run-off of pollutants, fill materials, and other substances into the wetlands,
stockpiling or dumping of materials or debris which migrate over time into the
wetlands, encroachment by home owners into remaining buffer and disturbance of
wildlife habitat, such a nesting sites and corridors which are important to
wetland species. The Conservation
Commission has also noted a tendency on the part of many project proponents to
design the project so that it goes to the absolute limit of the wetland
boundary. Particularly given the
difficulty which often arises in defining that boundary, in most instances it
is vital to protect an adjacent section of the buffer zone and prevent the
inevitable destructive impacts on the wetlands which goes to the boundary.
In
order to protect and preserve the public interests and values of the wetlands
and waterways of the Town of
Required
minimum setbacks from the edge of the wetland or vernal pool and the stated
structure or activity shall be as follows:
a)
Crossings
and structures necessary for upland access where reasonable alternative access
is unavailable 0
feet
b)
Wetland-dependent
structures (drain outfalls and weirs) 15
feet
c)
Undisturbed
natural vegetation except surrounding vernal pools 35 feet
d)
Undisturbed
natural vegetation to the mean high water line for vernal pools 85 feet
e)
The
edge of driveways, roadways, and structures except vernal pools (i.e. no-build)
50 feet
f)
The
edge of driveways, roadways, and structures for vernal pools (i.e. no-build) 100 feet
g)
Underground
storage of gasoline, oil or other fuels and hazardous materials 100 feet
Applicants
wishing to rebut the presumption set forth in this policy shall provide the
Conservation Commission with the following information, together with any
additional relevant information which the Conservation Commission may require:
o
A
cross-sectional profile of elevation change in any area of the buffer zone of a
wetland which would be disturbed by the proposed activity.
o
A
list of all vascular plant species occurring in the buffer zone and adjacent
wetland areas including data on relative abundance of each species.
o
A
wildlife habitat evaluation of the buffer zone and adjacent wetlands including
data on observed wildlife utilization of such area, such as breeding bird use,
occurrence of fish, reptiles, amphibians and mammals.
o
A
description of the nature of any public or ecological benefits which may arise
from the proposed activities.
o
Photographs
of the area to be disturbed.
Work
associated with pre-existing structures or activities not presently in
compliance with § 4.03 (b) (2) may not increase the degree of
"non-conformance" of those structures or activities. No new activity shall be commenced and no new
structure shall be located closer to the edge of a Wetland Resource Area than
existing non-conforming like Activities or structures, but the Commission may
permit new like Activity or structures as close to the Wetland Resource Area as
the existing like Activity or structure if it finds such Activity or structure
will not affect the interests provided for in the Bylaw more adversely than the
existing Activity or structure.
All
Notice of Intent design plans submitted to the Conservation Commission shall
note all numbered flags used to delineate the resource in the field. These plans should also show all locations
used to test for hydric soils. At least
two such locations, one upland and one wetland, shall be located for every
three hundred feet (300) of linear bordering vegetative wetland. These locations shall be marked in the field
for future observations by the conservation commission members.
All
new construction (residential, commercial and industrial) shall provide a means
to infiltrate water discharged from all roof drains. Infiltration chambers or equivalent devices
are acceptable for this purpose. Should
the applicant provide the Commission with evidence that soil characteristics in
the vicinity of the propose alterations are not conducive to infiltration, the
Commission will explore alternative designs with the applicant.
Related
regulations: Northbridge Bylaw Chapter
173 (Zoning), Article XIII Aquifer Protection Districts
All
permitted activities shall comply with Northbridge Bylaw Chapter 173 (Zoning),
§18.2 Erosion control, and the following standards.
Any
cut or fill slope within thirty-five feet (35) of a Bordering Vegetated
Wetland (BVW) or of a perennial or intermittent stream, shall be designed at no
greater than a three foot horizontal to one foot vertical slope (3:1). In no case will a slope be allowed with a
gradient steeper than two feet horizontal to one foot vertical (2:1) within the
one-hundred foot (100) buffer zone of the resource.
Proposed
location of the erosion controls shall be shown on the Plan submitted in the
Wetland filing furnished by the Applicant for Commission review and
approval. Erosion control devices shall
be installed prior to the commencement of Activities on the site. The Commission requires the installation of
silt fence in combination with weed-free straw bales. The commission may require or entertain the
use of alternative erosion controls where appropriate.
If
any Fill is to be stored on site, it shall be stored outside of the resource
area (including the buffer zone). It
shall be surrounded by sufficient controls to prevent erosion of material into
the resource area. The location of said
Fill shall appear on any Plans submitted to the Commission pursuant to a filing. If the Commission determines that the
proposed location of Fill threatens the Areas Subject to Protection it may
require the Applicant to store said Fill in a different location or to remove
it completely from the site.
There
shall be no disposal or burial of construction debris (i.e. scrap lumber,
metals, concrete, asphalt, piping, logs, stumps, etc.) within one hundred (100)
feet of a Wetland or in the riverfront area unless approved by the Commission
under the filing. Illegal disposal of
said debris shall result in a stop work order, fine, required removal of said
debris, or all of the above. The
Commission may allow the creation of a spoils area, which would be required to
be designated on the project PLANS, if it is proven that it will not harm Areas
Subject to Protection. Compliance with
these regulations shall not excuse the applicant from complying with any other
pertinent federal, state or local regulation.
Wetlands
that are proposed to be Altered will, in all instances, require, at a minimum,
2 square feet replacement for each 1 square foot altered a 2:1 replication
standard. Wetlands replacement will be
hydrologically connected to the wetlands proposed to be altered.
Projects
involving Wetlands Filling and/or permanent Alterations shall meet the
requirements of 310 CMR, 10:60 (3) and 10.55 (4) and the following Requirements
of the Commission:
a)
A
cross-section with indication of Groundwater level, soil profile and thickness
of organic soil in the existing and proposed Wetlands;
b)
Plant
species detail, including species found in the area to be Altered, and number,
types and locations of species to be introduced into the Replacement area;
c)
Detail
of stabilization Plans for Replacement area Banks;
d)
Wildlife
Habitat diversity plan;
e)
An
alternatives analysis.
The
following definitions shall apply in the interpretation and implementation of
this chapter.
Except
as otherwise provided in the Wetland Protection Bylaw and this regulation of
the Conservation Commission, the definitions of terms and procedures shall be
as set forth in the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations
(310 CMR 10.00).
The
term agriculture shall refer to
the definition provided by G.L. Ch. 128 §1A.
The
term alter shall include,
without limitation, the following activities when undertaken to, upon, within
or affecting resource areas protected by this chapter:
The
term bank shall include the
land area which normally abuts and confines a water body; the lower boundary
being the mean annual low flow level, and the upper boundary being the first
observable break in the slope or the mean annual flood level, whichever is
higher.
The
term buffer zone shall mean
that area of land extending 100 feet horizontally outward from the boundary of
any freshwater wetland, marsh, wet meadow, bog, swamp, vernal pool, spring,
bank, beach, reservoir, lake, pond, land under a water body and intermittent
stream, brook and creek.
The
term bylaw shall mean the Town
of
The term
The
term person shall include any
individual, group of individuals, association, partnership, corporation,
company, business organization, trust, estate, the Commonwealth or political
subdivision thereof to the extent subject to town bylaws, administrative
agency, public or quasi-public corporation or body, the Town of Northbridge and
any other legal entity, its legal representatives, agents, or assigns.
The
term pond shall follow the
definition of 310 CMR 10.04 except that the size threshold of 10,000 square
feet shall not apply.
The
term quorum shall mean a simple
majority of the sitting members of the Conservation Commission.
The
term rare species shall
include, without limitation, all vertebrate and invertebrate animals and all
plant species listed as endangered, threatened, or of special concern by the
Massachusetts Division of Fisheries and Wildlife, regardless whether the site
in which they occur has been previously identified by the Division.
The
term resource area shall mean
all of the following areas defined in §7-702 of the Bylaw: freshwater wetlands, marshes, wet meadows,
bogs, swamps, vernal pools, springs, banks, beaches, reservoirs, lakes, ponds
of any size, lands under water bodies, intermittent streams, brooks and creeks
and their associated buffer zones; perennial rivers, streams, brooks and creeks
and their associated riverfront areas; and lands subject to flooding or
inundation by groundwater or surface water.
The
term riverfront area shall mean
that area of land extending 200 feet horizontally outward from the boundary of
any perennial river, stream, brook and creek.
The
term vernal pool shall include,
in addition to scientific definitions found in the Regulations under the
Wetlands Protection Act, any confined basin or depression not occurring in
existing lawns, gardens, landscaped areas or driveways which, at least in most
years, holds water for a minimum of two continuous months during the spring
and/or summer, contains at least 200 cubic feet of water at some time during
most years, is free of adult predatory fish populations, and provides essential
breeding and rearing habitat functions for amphibian, reptile or other vernal
pool community species, regardless of whether the site has been certified by
the Massachusetts Division of Fisheries and Wildlife. The boundary of the resource area for vernal
pools shall be the mean annual high-water line defining the depression.