[HISTORY: Adopted by the Conservation Commission
of the Town of Dover 6-15-1994; amended in its entirety 5-8-2013 and 12-9-2020. Subsequent
amendments noted where applicable.]
This chapter has been promulgated by the Dover Conservation
Commission (hereinafter the Commission) in accordance with the provisions
of the Dover Wetlands Protection Bylaw (hereinafter, the Bylaw).[1] This chapter is distinct from the Massachusetts Wetlands
Protection Regulations (310 CMR 10.00).
A.
Areas subject to protection under the Bylaw.
(1)
Unless a Permit or negative Determination of Applicability under
the Bylaw and regulations is first obtained from the Commission, no
person shall remove, fill, dredge, alter or build upon or within 150
feet of any area subject to protection under the Bylaw within the
Town of Dover. Said areas include:
B.
Exceptions. The only exceptions to Subsection A of this subsection are for the following activities, when conducted in accordance with the provisions of § 181-3 of the Bylaw and the conditions outlined below:
(1)
Maintenance, repair or replacement of an existing and lawfully located
structure or facility used in the service of the public to provide
electric, gas, water, sanitary sewer, storm drainage, telephone or
other telecommunication services, provided that:
(a)
Surface contours, vegetation, soils and other natural features
are maintained or restored to existing conditions before the work.
(b)
Best available measures to minimize erosion and other potential
environmental impacts are employed. These measures shall include,
but are not limited to:
[1]
Properly installed erosion control barriers to be maintained
until all disturbed soils are adequately revegetated to prevent erosion.
[2]
Removal of all excess soil and cut vegetation from wetlands
and buffer zones.
[3]
Maintenance of all existing drainage patterns and drainageways.
[4]
Installation of clay dams or other barriers to groundwater movement
for all new or substantially modified utility trenches within any
Wetland Resource Areas and within trenches through the Buffer Zone
for portions of such trenches which are located below estimated mean
annual high groundwater elevation.
(c)
Notification, including plans, specifications, anticipated work
schedule, utility and contractor contact person's name, address
and telephone number, is provided to the Commission at least 21 days
and not more than 60 days prior to the commencement of work.
(2)
Emergency projects carried out by an agency of the Commonwealth or subdivision thereof which are necessary for the protection of the health or safety of the public, provided that the conditions stated in § 181-3 of the Bylaw, as well as the following conditions, are met:
(a)
Prior to the commencement of work, or within 48 hours in the
event that prior submission is not feasible, the agency of the Commonwealth
or subdivision thereof which proposes an emergency project shall submit
to the Commission notification regarding the nature of the emergency
and the nature of the work proposed to abate said emergency. The Commission
shall, at its earliest possible meeting, make a determination as to
whether an emergency situation exists and shall issue its determination
as soon as possible. A determination by the Commission or duly authorized
agent of the Commission that the proposed and/or completed work does
not qualify for an emergency exemption under this chapter shall constitute
a cease and desist order enforceable under the Bylaw and this chapter.
(b)
Only work necessary for the protection of public health and
safety is eligible for an emergency exemption under this chapter.
(c)
No work permitted under an emergency exemption shall continue
for more than 30 days.
(d)
Within 21 days of the commencement of work under an emergency
exemption, a complete Application as required under this chapter shall
be submitted to the Conservation Commission.
(3)
Land in Agricultural Use is defined in the Bylaw at § 181-10, provided that:
(a)
No change in the surface contours or overall drainage pattern
occurs;
(b)
No discharge of sediment or other pollutants to water bodies
or waterways either on- or off-site is allowed to occur;
(c)
No other off-site impacts occur or are reasonably likely to
occur.
(d)
The maximum amount of Vegetated
Wetland which may be altered by the above activities is:
[a]
Five thousand square feet for reconstruction of an existing
dike;
[b]
Ten thousand square feet for expansion of an existing pond or
reservoir;
[c]
Ten thousand square feet for construction of a tailwater recovery
pond; and
[d]
Five thousand square feet for construction of a bypass canal/channel.
(4)
Overriding public purpose. The Commission may, at its discretion,
waive or modify one or more of the provisions of this chapter in the
event that the Commission determines that such waiver or modification
will contribute to an overriding public purpose. The Commission shall,
in such case, identify the overriding public purpose which is the
basis for any such determination.
A.
Relationship to Wetlands Protection Act. Hearings, notices, correspondence,
approvals, denials or other procedural, clerical or administrative
actions related to an Application, Request for Determination or Enforcement
Order may be combined with similar actions conducted under the Massachusetts
Wetlands Protection Act (MGL c. 131 § 40) and regulations
(310 CMR 10.00) whenever joint jurisdiction is present. Generally,
the Notice of Intent or Request for Determination forms of the Wetlands
Protection Act may be utilized for filings under the Bylaw. Applicants
should note, however, that supporting information required under the
Bylaw may be different and more extensive than that required under
the Wetlands Protection Act and that certain definitions, jurisdictional
boundaries and other aspects of the Bylaw and this chapter are different
from those in the Massachusetts Wetlands Protection Regulations.
B.
Request for Determination. Any person desiring to know whether or
not a particular area or proposed work is subject to the Bylaw may
submit a Request for Determination to the Commission. The appropriate
form is available from the Commission.
(1)
Circulation of forms:
(a)
Any person submitting a Request for Determination shall provide,
by hand delivery or certified mail, return receipt requested, copies
of the request and all supporting information three weeks prior to
the desired hearing date to the following:
(b)
Any person submitting a Request for Determination shall, on the same date or no more than one week before, complete a Filing Notification Form available from the Conservation Commission office, and circulate said form to the abutters described in Subsection B(1)(b)[1], [2], and [3] below. Delivery shall be made by hand delivery, certified mail return receipt requested, certificate of mailing or other generally recognized method that provides proof of mailing and actual or attempted delivery. Appropriate documentation verifying mailing shall be provided to the Commission upon opening of the public hearing. For hand delivery, a signed affidavit shall be provided. The affidavit and/or proof of mailing shall be filed with a sample notice and list of recipients. Notice shall be made to the following:
[1]
All abutters at their mailing addresses shown on the most recent
applicable tax list of the assessors.
[2]
Owners of land directly opposite on any public or private street
or way.
[3]
Abutters to the abutters within 300 feet of the property line
of the applicant, including any in another municipality or across
a body of water.
(c)
Prior to the opening of the public meeting, the person submitting
the Request for Determination shall submit a completed Filing Notification
Form certifying that all persons noted above have been properly notified.
A public notice circulation list that complies with the above and
is certified by the Town of Dover Assessor's Office shall be
deemed sufficient in satisfying the requirement to open the public
hearing. If errors or omissions in such list are found, the Commission
may require additional notification by the applicant, or may make
such notification, to correct the error or omission.
(2)
Information required. The person submitting the Request for Determination shall provide, on the Request or in supporting documents, sufficient information describing the site and work proposed (if any) to allow the Commission to adequately identify and evaluate the site and/or proposed work. The information required will vary, based upon the complexity of the site and the work proposed. At a minimum, this information should include a locus map, site plan, or sketch sufficient to allow the Commission to find and view the site and the area of proposed work. For proposed work, the information submitted should provide the Commission with an adequate understanding of the full extent of the work proposed. Required information shall include the date on which the subject lot was created, to establish the applicability of § 263-5M of these Regulations.
(3)
Determination of Applicability. The Commission shall issue a Determination
of Applicability, either positive or negative. A negative Determination
of Applicability may be subject to conditions deemed appropriate by
the Commission. If a positive Determination of Applicability is issued,
no work may proceed without a Permit issued by the Commission under
this chapter.
C.
Permit Application (NOI, ANRAD, Amendment, etc.).
Unless a negative Determination of Applicability under the Bylaw
has been issued by the Commission, any person proposing work which
will alter any Wetland Resource Area or land within the 150-foot Buffer
Zone, as defined under the Bylaw and regulations, must file an Application
with the Dover Conservation Commission and receive a valid Permit
prior to commencing work. For an Application to be considered complete,
the following conditions must be met:
(1)
Circulation of forms:
(a)
A completed Application must be
submitted to the Commission three weeks prior to desired hearing date.
The person filing an Application shall provide, by hand delivery or
certified mail, return receipt requested, copies of the Application
and all supporting information to the following:
(b)
Any person submitting an Application shall mail at least seven days
prior to the hearing date, a Filing Notification Form and circulate
said form, by hand delivery, certified mail return receipt, certificate
of mailing or other generally recognized method that provides proof
of mailing and actual or attempted delivery shall be provided to the
Commission upon opening of the public hearing. For hand delivery,
a signed affidavit shall be provided. The affidavit and/or proof of
mailing shall be filed with a sample notice and list of recipients,
return receipt requested, to the following
[1]
All abutters at their mailing addresses shown on the most recent
applicable tax list of the assessors.
[2]
Owners of land directly opposite on any public or private street
or way.
[3]
Abutters to the abutters within 300 feet of the property line of
the applicant, including any in another municipality or across a body
of water.
(c)
Prior to the opening of the public meeting, the person submitting
the Application shall submit a completed Filing Notification Form
certifying that all persons noted above have been properly notified.
A public notice circulation list that complies with the above and
is certified by the Town of Dover Assessor's Office shall be
deemed sufficient in satisfying the requirement to open the public
hearing. If errors or omissions in such list are found, the Commission
may require additional notification by the applicant, or may make
such notification, to correct the error or omission.
(2)
Information Required:
(a)
The following supporting information, sufficient to allow the Commission
to adequately evaluate the proposed work, must be provided on the
Application, in supporting materials or on plans, as outlined below:
[1]
Site locus map, with sufficient identification of ground features
to allow the Commission or its agents to find, identify the extent
of and inspect the property.
[2]
Names of the applicant and the owner, with street addresses, email
addresses and telephone numbers.
[3]
Existing Conditions Site Plan(s), to be stamped by a professional
engineer or land surveyor registered in Massachusetts (for any project
which normally requires this degree of professional expertise in the
judgment of the Commission), which includes, at a minimum, the following
items:
[a]
Property lines; easements; rights-of-way.
[b]
Existing structures, including buildings, pavement,
boundary markers, walls, septic systems, wells and drainage structures.
[c]
Percolation or other test locations.
[d]
Wetland Resource Areas and Buffer Zones, with all
wetland boundary points consecutively numbered and shown.
[e]
Existing topography, generally at two-foot contours,
with one-foot contours and/or spot elevations shown for extensive
flat areas, particularly as necessary to define Land Subject to Flooding
boundaries.
[f]
All trees which are located within the proposed
work area and have a diameter of four inches or greater at four feet
above ground level.
[h]
Locations of major vegetation changes (e.g., field,
woodland, etc.).
[i]
North arrow.
[j]
Delineation and labeling of Groundwater Protection
Districts.
[4]
Proposed work plan(s), which, for projects involving the construction
of buildings or substantial earth movement, must be stamped by a registered
professional engineer or land surveyor. The work plan must include,
at a minimum, in addition to existing conditions noted above:
[5]
Narrative description of Wetland Resource Areas, DEP Wetland
Delineation Forms, including vegetation types and the resource area
designations, as defined under the Bylaw and this chapter, delineation
methodologies and names and credentials of the persons conducting
the delineations.
[6]
Detailed description of any proposed wetland replication areas,
including construction protocol, planting specifications (including
planting layout, specimen sizes and monitoring plan).
[7]
Wetland wildlife habitat evaluation, including methodology and
credentials of persons conducting the assessment, in accordance with
310 CMR 10.00.
(b)
The Commission may, depending upon the complexity of the project
and other factors deemed appropriate, waive one or more of the above
information requirements or require additional information it deems
necessary
(4)
A Permit approving work shall not be valid until it has been recorded
in the chain of title for the property at the Registry of Deeds.
D.
Public notice. After receipt of a completed Request for Determination
of Applicability or Application, the Commission shall, at the expense
of the applicant, publish notice of the time and place of a scheduled
public hearing in a newspaper of general circulation within the Town
of Dover, at least five days prior to the date of the scheduled hearing,
and by mailing notice to the applicant. Legal notice fees are described
in Table 1, below.
E.
Public hearings.
(1)
Except for filings only under the Bylaw, the Commission will normally
combine the hearing for a project or property under the Bylaw with
the hearing under the Massachusetts Wetlands Protection Act (MGL c.
131, § 40).
(2)
The Commission may, at the applicant's request, continue the
public hearing to a date, time and place announced at the public hearing,
for the purpose of reviewing information provided by the applicant,
providing the applicant the opportunity to submit additional or revised
information or other reason deemed appropriate by the Commission.
Any new information or plan revisions must be received in the office
one week ahead of the scheduled continuance date. In the event that
the applicant chooses not to request a continuance, the Commission
shall close the public hearing and issue or deny a Permit or Determination
based upon the information available. Failure of the applicant or
person seeking a Determination to provide the information deemed necessary
by the Commission shall be grounds for the Commission to deny a Permit
or issue a positive Determination.
(3)
The Commission may schedule a site visit for the purpose of inspecting
the subject property, at a time and place to be announced at the public
hearing. Members of the public will be allowed to inspect the property
with the Commission during the site inspection, with the owner's
permission.
(4)
After the close of the public hearing, the Commission shall either
issue a Permit approving the work proposed in an Application or shall
issue a denial for the proposed work. For approvals, the Commission
shall impose such conditions as it deems necessary to protect the
interests protected by this chapter.
F.
Burden of proof. The applicant shall have the burden of proving by
a preponderance of credible evidence in a timely manner that the work
proposed in the Application will not harm the interests protected
by this chapter. Failure to provide adequate evidence to the Commission
which would support a finding that the proposed work will not harm
the interests protected by this chapter shall be sufficient cause
for the Commission either to deny a Permit or to grant a Permit with
conditions.
G.
Certificate of Compliance.
(1)
After completion of any work for which a Permit was issued under
this chapter, the Permit recipient shall submit a request for Certificate
of Compliance to the Commission. The request for Certificate of Compliance
shall state that the work has been completed in accordance with the
Permit and any conditions or shall state the nature and extent of
any deviation from the approved plans and specifications. Any certifications,
as-built plans or other documentation described in the Permit conditions
shall be submitted with a request for Certificate of Compliance.
(2)
Within 21 days of receipt of a request for Certificate of Compliance
and all supporting documents as specified in the Order of Conditions
and the close of any associated public hearing, the Commission shall
issue a Certificate of Compliance or shall notify the applicant in
writing of the reasons for the denial of such.
(3)
The Commission may, at its discretion, hold a public hearing on a
request for Certificate of Compliance.
H.
Filing fees. No Application, Request for Determination of Applicability
or Request for Certificate of Compliance will be considered complete
until the appropriate filing fee is paid. Filing fees are determined
by the type of filing and the nature of the work and/or wetland alterations
proposed. Project categories are identified below and filing fees
presented in Table 1.
(1)
Project Categories and Fees.
|
Category Activities and Fees
|
|---|
|
Category 1 (Fee for each activity is $200):
|
|
a.) Work on single family lot; addition, pool, etc.;
|
|
b.) Site work without a house;
|
|
c.) Control vegetation;
|
|
d.) Resource improvement;
|
|
e.) Work on septic system separate from house;
|
|
f.) Monitoring well activities minus roadway;
|
|
g.) New agricultural or aquaculture projects.
|
|
Category 2 (Fee for each activity is $500):
|
|
a.) Construction of single family house;
|
|
b.) Parking lot;
|
|
c.) Beach nourishment;
|
|
d.) Coastal limited projects;
|
|
e.) Inland limited projects minus road crossings
and agriculture;
|
|
f.) Each crossing for driveway to single family
house;
|
|
g.) Each project source (storm drain) discharge;
|
|
h.) Control vegetation in development;
|
|
i.) Water level variations;
|
|
j.) Any other activity not in Category 1, 3, 4,
5 or 6;
|
|
k.) Water supply exploration.
|
|
Category 3 (Fee for each activity is $1,050):
|
|
a.) Site preparation (for development) beyond Notice
of Intent scope;
|
|
b.) Each building (for development) including site;
|
|
c.) Road construction not crossing or driveway;
|
|
d.) Hazardous cleanup;
|
|
e.) Water supply development.
|
|
Category 4 (Fee for each activity is $1,450):
|
|
a.) Each crossing for development or commercial
road;
|
|
b.) Dam, sluiceway, tidegate (safety) work;
|
|
c.) Landfills operation/closures;
|
|
d.) Sand and gravel operations;
|
|
e.) Railroad line construction;
|
|
f.) Bridge;
|
|
g.) Hazardous waste alterations to resource areas;
|
|
h.) Dredging;
|
|
i.) Package treatment plant and discharge;
|
|
j.) Airport tree clearing;
|
|
k.) Oil and/or hazardous material release response
actions.
|
|
Category 5 (Fee is $4 per linear foot; total fee not less than
$100 or more than $2,000):
|
|
a.) Work on docks, piers, revetments, dikes, etc.
(coastal or inland).
|
|
Category 6 (Fee is $2 per linear foot for each resource area):
For each resource area delineation, the fee shall not exceed $200
for activities associated with a single-family house or the State
maximum delineation fee, maximum shall be in line with State maximums
for other filings.
|
(2)
Consultant Fees.
Consultant Fees are based on the amount of review required and
determined on a case by case basis taking into account the complexity
of each application.
|
Table 1: Filing, Legal Notice and Recording Fees
| ||
|---|---|---|
|
Legal Notice may be found on the Dover Town website www.doverma.org
| ||
|
Filing Type
|
Legal Notice Fee
|
Filing Fee
|
|
Request for Determination of Applicability
|
Yes
|
$150
|
|
NOI/Application; Category (1)(a-g)
|
Yes
|
$200 for each activity plus current fee payable to Norfolk County
Registry of Deeds
|
|
NOI/Application; Category (2)(a-k)
|
Yes
|
$500 for each activity plus current fee payable to Norfolk County
Registry of Deeds
|
|
NOI/Application; Category (3)(a-e)
|
Yes
|
$1,050 for each activity plus current fee payable to Norfolk
County Registry of Deeds
|
|
NOI/Application; Category (4)(a-k)
|
Yes
|
$1,450 for each activity plus current fee payable to Norfolk
County Registry of Deeds
|
|
NOI/Application; Category (5)(a)
|
Yes
|
Total fee not less than $100 or more than $2,000
|
|
NOI/Application; Category (6)
|
Yes
|
Total fee shall not exceed $200 for activities associated with
s.f.h.
|
|
NOI/Application; Category (Other)
|
Yes
|
$TBD based on review plus current fee payable to Norfolk County
Registry of Deeds
|
|
Request for Certificate of Compliance
|
No
|
$200 plus current fee payable to Norfolk County Registry of
Deeds
|
|
Request for Amendment of OOC
|
Yes
|
$150 plus current fee payable to Norfolk County Registry of
Deeds
|
|
Request for Extension of OOC
|
No
|
$150 plus current fee payable to Norfolk County Registry of
Deeds
|
|
Minor Project Change
|
No
|
$100 each
|
|
Bylaw Waiver Requests
|
No
|
$500 each per request separate from other activities/fees
|
I.
Enforcement Orders. The Commission, any individual member or any duly authorized agent of the Commission may issue an Enforcement Order regulating any unauthorized work. The Commission may issue fines for non-compliance as specified in § 181-12E.
J.
Consultant Fees.
(1)
The Commission shall retain the services of the Agent Consultant
to provide technical review of any NOI Application, Request for Determination
of Applicability or request for Certificate of Compliance or other
permit enforcement related matters, including all supporting information
submitted to the Commission. Additionally, the Commission may retain
the services of an additional Wetland Scientist Peer Review Consultant
depending on the complexity of the project.
(2)
The applicant shall be responsible for payment of all reasonable
consultants' fees and expenses accrued during the review of applicant's
materials. Any expenses incurred by the Commission in the hiring of
consultants shall be paid by the applicant.
K.
Winter Delineation Policy. Resource area boundary delineations, however
requested, shall be reviewed only between April 1 and December 1 of
each year, unless the Conservation Commission grants a waiver. Delineations
may be reviewed at the sole discretion of the Conservation Commission
or its Agent Consultants between December 2 and March 31, and shall
be reviewed only when site conditions are such that the Conservation
Commission or its Agent Consultants believe they can adequately review
and field verify the relevant resource area indicators.
An exception to this policy may be granted at the discretion
of the Conservation Commission upon receipt of a written request stating
the reasons for the exception sought. Each request shall be evaluated
on its own merits, on a case by case basis. Grant of an exception
on any given property or for any particular application, when warranted,
shall be for that one instance or application only.
If an applicant does not agree to a meeting or hearing continuance
in order to complete an adequate field review of the wetland resource
area boundaries, in the opinion of the Commission or its Agent Consultants,
the Commission shall close the hearing and make a determination based
on the information available.
Potential Vernal Pool delineations or suspected PVP delineations
will only be field reviewed during the Vernal Pool season.
L.
Snow delay: If the land which is the subject of an Application, Request,
Enforcement Order or other pending action by the Commission, is snow
covered on the date of a scheduled inspection to an extent which prevents
adequate inspection in the judgment of the Commission, the action
required by the Commission may be postponed until such time as the
ground is sufficiently free of snow to allow adequate evaluation in
the opinion of the Agent Consultant or Commission, and new inspection(s)
can be scheduled and completed. Accordingly, the public hearing on
the matter may be continued, at the request of the applicant, as necessary
in such an instance.
This chapter presumes that the resource areas are significant
to some or all of the Wetland Interests protected by the Bylaw and
Regulations. The presumptions of significance for each resource area
are outlined in Table 2 on the following page. This presumption is
rebuttable and may be overcome by a finding of the Commission, in
its judgment, that there is a preponderance of credible evidence to
the contrary.
|
Table 2
Resource Areas and Applicable Interests:
Presumptions of Significance
| ||||||
|---|---|---|---|---|---|---|
|
Interests
|
VW
|
Bank
|
Beach
|
LUW
|
BLSF
|
ILSF
|
|
Public and private water supply
|
X
|
X
|
X
|
X
|
X
| |
|
Groundwater
|
X
|
X
|
X
|
X
|
X
| |
|
Flood control
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Erosion and sedimentation control
|
X
|
X
|
X
|
X
| ||
|
Storm damage prevention
|
X
|
X
|
X
|
X
|
X
| |
|
Plant life
|
X
|
X
|
X
| |||
|
Water pollution
|
X
|
X
|
X
| |||
|
Fish and fisheries
|
X
|
X
|
X
| |||
|
Wildlife habitat
|
X
|
X
|
X
|
X
| ||
|
Recreation
|
X
|
X
|
X
|
X
| ||
|
Aesthetics
|
X
|
X
|
X
|
X
| ||
|
Agriculture and aquaculture
|
X
|
X
|
X
|
X
| ||
|
VW = Vegetated wetland (both bordering and isolated)
| ||||||
|
LUW = Land under water body or waterway
| ||||||
|
BLSF = Bordering Land Subject to Flooding
| ||||||
|
ILSF = Isolated Land Subject to Flooding
| ||||||
A.
General. Any proposed work subject to this chapter must serve to
protect the interests of the Bylaw and must have no adverse effect
on those interests or on the ability of the Wetland Resource Areas
to function to protect those interests. Avoidance of impacts must
be maintained for both the short- and long-term, both on- and off-site.
(1)
Point Source Discharge. All Point Source Discharges, including stormwater
discharge pipes, must be designed to include the following:
(a)
Discharge pipes set back a minimum of 50 feet from the edge
of any resource area, unless no reasonable alternative exists and
alternative measures to prevent erosion and sediment deposition are
employed.
(b)
Rip-rap or other flow-velocity-reducing measures.
(c)
Vegetated retention or detention basins or swales to maximize
the uptake of nutrients, infiltration of runoff and deposition of
sediment.
(2)
Upland water flow. For Buffer Zone areas, overland and groundwater
flows which contribute to the persistence of any Wetland Resource
Area must not be altered so as to adversely affect any wetland.
B.
Bordering Vegetated Wetland.
(1)
In general, no alteration of Bordering Vegetated Wetland is permitted.
(2)
In the event that inability to alter an area of Bordering Vegetated
Wetland would result in a hardship, alteration of Bordering Vegetated
Wetland may be permitted, at the discretion of the Commission, provided
that the following conditions are met:
(a)
A detailed alternatives analysis identifying the nature and
extent of the hardship must be provided to the Commission. This analysis
should include an evaluation of all reasonable alternatives, including
the no-alteration alternative. The analysis must be based on a thorough
understanding of and documentation of wetlands jurisdiction and other
constraints on the property. The analysis shall include sketch plans
of the alternatives, where applicable. Alternatives shall consider
modifications to project location, scale and design.
(b)
In the event that alteration of Bordering Vegetated Wetland
is permitted, replication of the wetland at a minimum of 1.5:1 must
be provided.
(c)
Replication areas must provide for the protection of the interests
of the Bylaw, to the extent possible, in a manner similar to the original
wetland. The soils, vegetation and hydrology of the original wetland
must be replicated as closely as possible to the original wetland.
(d)
The replication area should be designed to provide 75% coverage
with indigenous plant species within two growing seasons.
(e)
A detailed replication plan, which includes the following, must
be provided to the Commission:
[1]
Elevations (existing and proposed) of the replication area and
area to be filled.
[2]
Planting layout, including species composition, density, arrangement,
specimen size and specimen origin (must be from regionally local nursery).
The Commission reserves the right to set site specific standards for
the species composition and density, as well as plant minimum size
for replication areas.
[3]
Construction protocol, including equipment specifications, procedures
and timing.
[4]
Identity or minimum credentials of the person(s) responsible
for conducting and supervising the replication process.
[5]
Monitoring plan, including identity or minimum credentials of
the monitor.
[6]
Procedures for replanting or otherwise repairing, correcting
or modifying the replication area in the event that the soils, hydrology
and/or vegetation are determined to be inadequate.
[7]
North arrow.
(f)
A bond or other means of ensuring the availability of funds
sufficient to complete or restore the wetland or replication area
may be required.
C.
Isolated Vegetated Wetland. Wetlands in areas with high permeability
soils are more closely linked to groundwater, which is the source
of all drinking water within the Town of Dover. Therefore, Isolated
Vegetated Wetlands are divided into two categories: those areas with
highly permeable soils located within the Town of Dover Groundwater
Protection Districts GW-1 or WP and those with less permeable soils
located within Groundwater Protection District GW-2. The boundaries
of the Groundwater Protection District are those which are shown on
the most recent version of the Town of Dover Groundwater Protection
District Map. The performance standards for Isolated Vegetated Wetlands
are different for each of these areas.
(1)
Isolated Vegetated Wetlands within GW-1 or WP: the performance standards for Bordering Vegetated Wetland, as outlined in § 263-5B apply.
(2)
Isolated Vegetated Wetlands within GW-2:
(3)
For both types of Isolated Vegetated Wetland, work shall not impair
the important wetlands wildlife habitat functions of the resource
area.
D.
Riverfront Area. The Commission accepts and adopts the definitions,
requirements, and performance standards for Riverfront Area as specified
in the Massachusetts Department of Environmental Protection's
Wetlands Regulations in 310 CMR 10.58
F.
Land Under Water. The only alteration which may be permitted within Land Under Water is work directly associated with a permitted wetland crossing or Water Dependent Use, as defined in § 263-6 of this chapter. Any work within Land Under Water must not:
G.
Beach. The only alteration which may be permitted within a Beach is work directly associated with a water dependent use, as defined in § 263-6 of this chapter. Any work within a Beach must not:
H.
Bordering Land Subject to Flooding. Any work within Bordering Land
Subject to Flooding must meet the following performance standards:
(1)
Compensatory flood storage at equal elevations and adjacent to the
same water body shall be provided for all flood storage lost by work
within Bordering Land Subject to Flooding.
(2)
Work shall not restrict flows or cause an increase in flood stage
or velocity.
(3)
Work shall not cause an increase in erosion or other adverse impacts,
either on- or off-site.
(4)
Work shall not adversely impact important wildlife habitat functions
of the area.
I.
Isolated Land Subject to Flooding. Where an area of Isolated Land
Subject to Flooding is vegetated, it may also qualify as the Resource
Area Vegetated Wetland, under this chapter. In such a case, the performance
standards of both Resource Areas apply. The performance standards
for Isolated Lands Subject to Flooding are dependent upon whether
the area is underlain by Pervious or Impervious Soils:
(1)
Impervious Soils. No work in an Isolated Land Subject to Flooding
which is underlain by Impervious Soils shall adversely impact any
property by displacing floodwaters which are normally contained within
said area.
(2)
Pervious Soils. Any project which involves work in an Isolated Land
Subject to Flooding which is underlain by Pervious Soils shall:
(a)
Prevent impacts to any property from the displacement of floodwaters.
(b)
Maintain the annual infiltration of surface water over the portion
of the site which constitutes the drainage basin for the Isolated
Land Subject to Flooding.
(c)
Maintain the quality of the water which infiltrates into the
ground within the contributing drainage basin to the Isolated Land
Subject to Flooding.
(3)
For both types of Isolated Land Subject to Flooding, work shall not
impair the important wetlands wildlife habitat functions of the resource
area.
J.
Vernal Pools. Any work within 100 feet of a Vernal Pool must not
impair its capacity to function as a Vernal Pool. This chapter presumes
that any work within a Vernal Pool or within undeveloped and unimproved
areas within 100 feet thereof will impair the capacity of such Vernal
Pool to so function.
100-foot Adjacent Upland Resource Area: No Disturb Zone. No
activity shall be permitted within 100 feet of the delineated edge
of a Vernal Pool. Prohibited activities include, but are not limited
to, grading, landscaping, vegetation control, pruning, cutting, filling,
excavation, roadway construction and/or driveway construction.
All applicants shall certify to the existence and location or
nonexistence of any Vernal Pools on the project site. Any area which
any credible evidence suggests may be a Vernal Pool shall be presumed
to be a Vernal Pool and afforded all the protections thereto, unless
and until the Commission explicitly finds that such area is not a
Vernal Pool based on field examination(s) in the spring vernal pool
season by the Commission or its Agent, or a detailed written analysis
by an independent appropriately qualified wetlands professional based
on a documented field examination in the spring during vernal pool
season. The credible evidence referred to in this provision may include
sworn testimony of or affidavit provided under pains and penalties
of perjury from one or more abutters or persons familiar with the
site.
K.
Buffer Zone. Natural vegetation within wetland Buffer Zones contributes
to the protection of wetland interests within the adjacent resource
areas by providing soil stabilization, wildlife habitat cover, shading
and other measures. In order to prevent impacts to Wetland Resource
Areas and associated loss of value of those wetlands from proposed
projects within the Buffer Zone, the following restrictions shall
apply to work in the Buffer Zone.
Permanent markers - all lines beyond which no disturbance will
be permitted within the project site and shall be shown on a plan
to be recorded and shall be marked on location by permanent markers
as specified by the Conservation Commission and such bound markers
as specified by the Commission.
(1)
Tree Filter Zone. In no case shall more than 50% of the tree cover
be removed for any 100-foot section of Buffer Zone, except in cases
of hardship where the applicant can demonstrate that no reasonable
alternative exists. Tree cover is measured for purposes of this section
as the basal area of trees with a four-inch or greater diameter four
feet off the ground.
(2)
Setbacks. This chapter presumes that work in close proximity to a Vegetated Wetland, Bank or Vernal Pool has a high likelihood of causing direct or indirect alterations to those resource areas. Therefore, any project proposing work in the Buffer Zone must maintain certain setbacks from the resource areas. These setbacks, summarized in Table 3, include both structure setbacks and disturbance setbacks. In the event that the applicant can demonstrate that no reasonable alternative exists and proposes to take all necessary measures to prevent both short- and long-term impacts to the wetland, the Commission may, at its discretion, modify or waive this provision. The terms "structure" and "disturbance" are defined within § 263-6 of this chapter and summarized below.
a.
"Structure" is defined as: Any building, foundation, road, driveway,
wall, fence or other man-made article placed either permanently or
semi- permanently in or on the ground.
b.
"Disturbance" is defined as the placement or excavation of soil,
grading, passage of heavy equipment, cutting or removal of vegetation
or other activity which might result in the loosening of surface soils.
Disturbance includes the application or discharge of any pesticide,
herbicide, fertilizer, or chemical agent of any kind. Activities conducted
by work parties working on foot and with hand tools only, associated
with normal surveying practices or the installation and maintenance
of erosion control fencing and haybales within a Buffer Zone, shall
not be considered a "disturbance."
c.
Dumping is defined as disturbance by the placement of debris including
but not limited to leaves, grass clippings, and wood chips.
(3)
Herbicides, pesticides and fertilizers.
(a)
A permanent restriction prohibiting the use of herbicides, pesticides
and fertilizers or chemical agents of any kind shall be placed upon
all property within all resource area(s).
(b)
A permanent restriction prohibiting the use of herbicides, pesticides
and fertilizers or chemical agents of any kind shall be placed upon
all property within the disturbance setback for all resource area(s).
(c)
Under special circumstances, in particular for the control of
invasive wetland and upland plant species, a variance may be granted
by the Commission for the limited and supervised use of approved herbicides.
NOTE: Outside all buffer zones for lawns, a slow release nitrogen
fertilizer may be applied as follows: One-half pound of 80% or more
slow release nitrogen fertilizer application in spring and fall for
every 1,000 square foot of lawn.
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Minimum Setbacks from Wetland Resources Areas
Jurisdictional Setbacks
| ||
|---|---|---|
|
Structure Setback
(feet)
|
Disturbance Setback
(feet)
|
Vernal Pool Setback
(feet)
|
|
70
|
50
|
100 As Resource Area
|
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NOTE: An exception to the structure setback may be granted in
instances where the Commission determines that a fence or wall serves
to protect the Interests of the Bylaw. Where appropriate this may
include split rail fencing or loose fieldstone walls. Any proposal
for an exception to the structure setbacks in Table 3 shall include
detailed construction materials and methods. In evaluating whether
to grant such an exception the Commission shall consider all of the
Interests of the Bylaw and shall ensure that any proposed fence or
wall that does not meet the above setback requirements serves to maintain
or enhance wildlife habitat and not substantially alter the hydrology
of the area. The Commission shall also consider the potential merits
of permanent demarcation that may result from the granting of such
an exception.
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L.
Waivers.
Strict compliance with the Commission's rules and regulations
may be waived when, in the judgment of the Commission:
|
(a)
|
Such action would contribute to an overriding public purpose;
|
|
(b)
|
Such action is required for compliance with the Massachusetts
Contingency Plan (MCP), 310 CMR 40 et al.;
|
|
(c)
|
Strict compliance would result in severe economic hardship greater
in magnitude than the public purpose to be served; or
|
|
(d)
|
A credible expert has demonstrated that the Resource Area does
not protect the public purpose.
|
|
No waiver shall be granted unless the Commission determines
that:
|
|
(a)
|
There are no practicable alternatives to the proposed action;
|
|
(b)
|
Alteration of the resource area has been minimized to the greatest
extent practicable; and
|
|
(c)
|
Applicant agrees to take compensatory and/or mitigating measures
to protect the public purpose in the protected Resource Area to be
removed, filled, dredged, built upon, or altered. Removal of existing
lawn and restoration of the fifty-foot and/or seventy-foot Buffer
Zone to natural vegetative conditions is strongly encouraged. Compensatory
and or mitigating measures may be taken at an off-site location, provided
there are no available mitigation or compensation measures available
on-site.
|
|
The burden of proof shall be on the Applicant to demonstrate
that the proposed project meets the waiver standards defined in this
Section.
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M.
Subdivisions and large lot developments.
(1)
Preamble.
(a)
The experience of the Dover Conservation Commission, as supported
by the general experience of the members and consideration of situations
in neighboring towns, indicates that the development of large parcels
of land, whether wetland, upland or mixed, even if in technical compliance
with the other provisions and performance standards of this chapter,
has an adverse effect on neighboring resource areas. The clearing
of large blocks of forested or otherwise natural undeveloped land
and the substitution of house, driveway and associated and typically
less diverse landscaping often renders the area unsatisfactory for
wildlife habitat. A roadway itself can act as a knife, cutting one
resource area from another or plunging into the center of an otherwise
undeveloped resource area or buffer, in either event with extreme
and irrevocable adverse impacts to interests protected under the Bylaw.
(b)
Roadway location may appear satisfactory in itself, but may
force lots to be developed perilously close to resource areas with
adverse impacts to those resource areas. The Commission has repeatedly
been presented with instances where an area was developed, and houses
built in the Buffer Zone as close to a resource area in their backyard
as aggressive but allowable development practice would permit. Thereafter,
the homeowner seeks to expand his backyard for a swimming pool, additional
play area or other uses which appear in themselves relatively harmless,
but because of the initial siting of the house, driven in part by
the siting of the roadway, the backyard project, if completed, would
cause adverse results to the resource area. Homeowners must understand
the responsibility of living on the edge of a resource area and must
obtain this understanding prior to acquiring a subject property.
(c)
The importance of forested buffers for the protection of waterways,
water bodies and associated wetlands from upslope impacts has been
well documented. Forested buffers act to minimize nutrient and other
pollutant impacts, maintain stable ecosystems which provide wildlife
corridors and other benefits, serve to shade wetland areas, thereby
moderating summer temperature increases, and provide other benefits.
The effectiveness of such forested buffers is generally related to
their width, as well as other factors. It is therefore the intent
of this chapter that, to the fullest extent possible, naturally vegetated
buffers will be permanently maintained around all Wetland Resource
Areas protected by the Bylaw and regulations.
(d)
It has further been the experience of the Commission that wetland
replication projects are generally unsuccessful, particularly where
those projects involve relatively small or narrow areas. Because one
of the important functions of a resource area is to retain and filter
water, mere planting of wetland species is not sufficient replication.
Typically, topography, hydrology and soils must be replicated in order
to improve the likelihood of success.
(2)
Applicability. This Subsection M applies when either of the following two criteria are met:
(a)
All projects on all parcels of land resulting from the subdivision
of land under the Massachusetts Subdivision Control Law[1] pursuant to filings made with the Dover Planning Board or other applicable authority after the effective date of this Subsection M (6-19-1996), which projects are otherwise subject to the jurisdiction of the Commission or the Bylaw; or
[1]
Editor's Note: See MGL c. 41, §§ 81K through
81GG.]
(3)
Conceptual plans. All persons intending to file a subdivision plan with the Planning Board or intending to develop a large parcel subject to this Subsection M are encouraged but not required to meet with the Conservation Commission as early as possible in the development stage and, prior to submission of any plan, to help the parties identify wetland issues early in the development process. All discussions and comments are not binding on either the Commission or the project proponents. Prior to the filing of a Notice of Intent or Request for Determination of Applicability or any other application, no application or filing fee is required.
(4)
Vernal Pools. All applicants shall certify to the existence and location
or nonexistence of any Vernal Pools on the project site. Any area
which any credible evidence suggests may be a Vernal Pool shall be
presumed to be a Vernal Pool and afforded all the protections thereto,
unless and until the Commission explicitly finds that such area is
not a Vernal Pool based on field examination(s) in the spring vernal
pool season by the Commission or its Consultant Agent, or a detailed
written analysis by an independent appropriately qualified wetlands
professional based on a documented field examination in the spring
during vernal pool season. The credible evidence referred to in this
provision may include testimony of one or more abutters or persons
familiar with the site.
(5)
Setbacks. Due to increased traffic and associated pollutant load,
the minimum setbacks for roadways shall be twice those set forth in
Table 3 above. In the event that the applicant demonstrates that no
reasonable alternative exists and proposes to take all necessary measures
to prevent short- and long-term impacts on the wetlands, the Commission
may, at its discretion, modify or waive this provision.
(6)
Roadways. For the purpose of this Subsection M, "roadway" means the impervious surface of any road, parking lot or other way intended for public use, or driveway.
(7)
Tree Filter Zone. Because of the adverse effects of a large reduction
in tree cover typically associated with the construction of any roadway
or the development of a subdivision, the applicant shall preserve
80% of the tree cover in the entire Buffer Zone of each resource area
located within the subject parcel, except where the applicant demonstrates
that no reasonable alternative exists. Where a stand of relatively
mature trees exists on a site, for ease of calculation, tree cover
may be measured for purposes of this section as the basal area of
trees with a four-inch or greater diameter four feet off the ground.
Within areas where the majority of tree specimens have not reached
a diameter of four inches, tree cover under the pre- and post-development
conditions shall be measured as percent of canopy closure.
(8)
Structures. All houses and other structures other than drainage structures
and utilities shall be kept on the upland side of any road unless
the applicant demonstrates that no reasonable alternative exists.
(9)
Herbicides, pesticides and fertilizers.
(a)
A permanent restriction prohibiting the use of herbicides, pesticides
and fertilizers or chemical agents of any kind shall be placed upon
all property within all resource area(s).
(b)
A permanent deed restriction prohibiting the use of herbicides,
pesticides and fertilizers or chemical agents of any kind shall be
placed upon all property within the disturbance setback for all resource
area(s) (see Table 3).
(c)
Under special circumstances, in particular for the control of
invasive wetland and upland plant species, a variance may be granted
by the Commission for the limited and supervised use of approved herbicides.
(10)
Restrictive Covenants. The applicant shall identify on the Definitive
Subdivision Plan or other project plans a permanent No Disturbance
Zone consistent with requirements of this section, reference to which
shall be made in the first deed of transfer of each lot, specifically
referencing and granting to the Commission such covenant restriction
and any other permanent restrictions of the Order of Conditions. No
Certificate of Compliance shall issue for any lot until evidence of
such deed restriction satisfactory to the Commission has or will be
made.
(11)
Permanent markers. All lines beyond which no disturbance will
be permitted within the project site shall be shown on a plan to be
recorded and shall be marked on location by permanent markers and
such bound markers as the Commission may reasonably require.
(12)
Replication. Replication areas, when permitted as part of a
required planting plan, must be large enough and have sufficient depth
and breadth to be self sustaining. It shall be presumed, subject to
rebuttal by the applicant, that unless a replication area is at least
three times the area of the resource area lost, a minimum of 5,000
square feet; with a general width not greater than two times its general
length; surrounded by natural buffer areas or resource area; and has
a hydrology that is contiguous with existing resource areas; it will
not be self sustaining. A specific grading, soil establishment, and
planting plan must be submitted to and approved by the Conservation
Commission.
(13)
Plant species. In order to curb the spread of invasive and nonindigenous
plant species, planting within any Resource Area or Buffer Zone, when
permitted, must not include any invasive or nonindigenous plants.
Further, the Commission discourages the planting of such species in
any area, whether a Resource Area, Buffer Zone or otherwise. Before
any planting may take place within a Resource Area or Buffer Zone,
a specific plan must be submitted to and approved by the Conservation
Commission.
The following definitions shall apply in the interpretation
and implementation of this chapter. For terms not defined herein,
the definitions of the MA Wetland Regs at 310 CMR 10.00 et seq, as
amended, shall apply:
Includes, without limitation, the following actions when
undertaken within 150 feet of any Resource Areas subject to this chapter:
Removal, excavation or dredging of soil, sand, gravel or aggregate
materials of any kind:
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns or flood-retention
characteristics.
Modification of drainage or other disturbance of water level
or water table.
Dumping, discharging or filling with any material which may
degrade water quality or composition, including all pesticide or herbicide
applications and dumping of leaves, grass or wood chips.
Driving of piles, erection of buildings or structures of any
kind.
Placing of obstructions whether or not they interfere with the
flow of water.
Destruction of plant life, including cutting of trees.
Changing of water temperature, biochemical oxygen demand or
other physical or chemical characteristics of the water.
That part of land adjoining any body of water which confines
the water. The upper boundary of a Bank is the mean annual high-water
level or first significant break in slope, whichever is lower. The
lower boundary of a Bank is the mean annual low-water level. For perennial
streams, the length of Bank which is proposed to be altered shall
be measured on both sides of the stream, while for intermittent streams,
the length of Bank shall be measured on one side of the stream.
An area of unvegetated unconsolidated organic or mineral
soil adjacent to a Bank or Land Under Water. A Beach extends from
the upper boundary of the adjacent Bank or Land Under Water to the
point where the predominant surface substrate changes to bedrock or
primarily vegetated soil.
The area within 150 feet measured horizontally from any Beach,
Bank, Vegetated Wetland (Bordering or Isolated), or Land Subject To
Flooding or Vernal Pool.
The Conservation Commission of the Town of Dover.
The placement or excavation of soil, leaves, grass, wood
chips, or grading, passage of heavy equipment, cutting or removal
of vegetation or other activity which might result in the loosening
of surface soils. Disturbance includes the application or discharge
of any pesticide, herbicide, fertilizer, or chemical agent of any
kind. Activities conducted by work parties working on foot and with
hand tools only, associated with normal surveying practices or the
installation and maintenance of erosion control fencing and haybales
within a Buffer Zone, shall not be considered a "disturbance."
WP, GW-1 and GW-2 are the designated Groundwater Protection
Districts which are shown on the most recent map of said zoning district
available from the Town of Dover.
Land in Agricultural use is defined by the Bylaw as any qualifying
wetland within a farm which is qualified or eligible to be qualified
under the Farmland Assessment Act, MGL c.61A, §§ 1
through 5.
BORDERING LAND SUBJECT TO FLOODINGAn area which floods from a rise in a bordering water body or waterway. Bordering Land Subject to Flooding extends from the upper boundary of a Bank or Vegetated Wetland to the elevation of a 100-year frequency flood. Where detailed flood studies have been completed, the flood elevation and boundaries shown on the most recent National Flood Insurance Program Flood Insurance Rate Maps shall be presumed to be correct, unless credible evidence to the contrary is presented. In the absence of such maps, the extent of Bordering Land Subject to Flooding shall be determined through appropriate calculations conducted by a registered professional engineer or other person whose qualifications are deemed appropriate by the Commission.
ISOLATED LAND SUBJECT TO FLOODINGAn isolated depression or closed basin without an inlet or an outlet. It is an area which at least once a year confines standing water to a volume of at least one-sixth-acre-foot and an average depth of at least six inches. The boundary of Isolated Land Subject to Flooding is the perimeter of the area which would be inundated during a 100-year frequency storm event, or the maximum extent of flooding observed or recorded in said area, whichever is larger. If drainage calculations are utilized in an effort to determine if a depression qualifies as Isolated Land Subject to Flooding, and/or to establish the boundary, said calculations shall consider groundwater as well as surface water runoff and must be performed by a registered professional engineer or other person whose qualifications are deemed acceptable by the Commission.
That portion of a water body or waterway which is located
below the plane of mean annual low water.
This term is defined in the Bylaw. For further clarification,
refer to 310 CMR 10.04. The term shall include:
Tilling practices customarily employed in the raising of crops.
Pasturing of animals, including such fences and protective structures
as may be required.
Use of fertilizers, pesticides, herbicides and similar materials
subject to Board of Health proceedings, including preapplication review,
and other Town, state and federal regulations covering their use.
Grading or restoring of field ditches, subsurface drains, grass
waterways, culverts, access roads and similar practices to improve
drainage, prevent erosion, provide more effective use of rainfall
or improve equipment operation and efficiency when conducted in order
to improve conditions for the growing of crops.
Includes 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 agencies, public or quasi-public corporations
or bodies, the Town of Dover and any other legal entity, its legal
representatives, agents or assigns.
Inland fresh water lakes, ponds, streams, and areas which
are seasonally flooded basins or flats or inland swamps, marshes or
wet meadows.
A slope less than 33%. For purposes of this definition, the
"pitch" of a slope shall be measured as the vertical change between
the average elevation of the wetland and the average elevation at
the outer edge of the portion of the Buffer Zone where work is proposed,
divided by the average horizontal distance between the wetland boundary
and the outer edge of the proposed work zone within that area of Buffer
Zone.
A slope greater than 33%. For purposes of this definition,
the "pitch" of a slope shall be measured as the vertical change between
the average elevation of the wetland and the average elevation at
the outer edge of the portion of the Buffer Zone where work is proposed,
divided by the average horizontal distance between the wetland boundary
and the outer edge of the proposed work zone within that area of Buffer
Zone.
Any building, foundation, road, driveway, wall, fence or
other man-made article placed either permanently or semi-permanently
in or on the ground.
Includes swamps, marshes, bogs and wet meadows. They are
areas where the soils are annually saturated by surface or ground
water for a significant portion of every growing season (i.e., wetland
hydrology exists) and where there is a predominance of plant species
adapted to these conditions. Evidence of wetland hydrology includes
but is not limited to hydric soils, oxidized rhizospheres, pore linings,
drift lines, drainage patterns, and free water or saturation within
12 inches of the soil surface for a prolonged period during the growing
season. The boundary of Vegetated Wetlands is defined below.
"Bordering Vegetated Wetlands" are those Vegetated Wetlands
which border on and/or have a hydrologic outlet during a one-year
frequency storm event to a stream, lake or pond. The presence of a
defined channel, culvert, storm drain or other natural or man-made
structure or feature which serves to channel water within or away
from a Vegetated Wetland shall be deemed sufficient evidence that
the area should be designated a Bordering Vegetated Wetland. In the
lack of clear evidence regarding the presence of a hydrologic connection,
the Commission may, at its discretion, rely on drainage calculations
of the likely extent of surface water inundation, and therefore the
presence of a hydrologic outlet, to determine whether a Vegetated
Wetland is Bordering or Isolated. Said calculations shall consider
groundwater as well as surface water runoff and must be performed
by a registered professional engineer or other person whose qualifications
are deemed acceptable by the Commission.
"Isolated Vegetated Wetlands" are those Vegetated Wetlands which
do not border a stream, lake or pond. Some Isolated Vegetated Wetlands
exist in a topographic depression, either natural or man-made, which
prevents water from leaving the depression except by infiltration
or by overflow of surface water during rainfall events of a magnitude
greater than a one-year frequency storm, Other Isolated Vegetated
Wetlands exist on areas that may be flat or sloping, and have wetland
hydrology that is the result of shallow groundwater and/or surface
water.
The boundary of a Vegetated Wetland is the line below which
50% or more of the vegetational community consists of wetland plant
species. For purposes of this definition, all species listed as facultative
or wetter on the most recent applicable United States Fish and Wildlife
Service Wetland Plant List, as amended, or individual plants which
exhibit growth forms or adaptations indicative of saturated soils,
are presumed to be wetland plant species. This presumption may be
overcome by a clear showing to the contrary. In the event of cutting
of vegetation, filling, excavation, or other disturbance to a site
which makes the above boundary delineation criterion impractical,
the Commission may, at its discretion, utilize or allow the use of
topography, indicators of hydrology, plant community composition in
nearby unaltered areas, and soil characteristics in determining the
boundary of a Vegetated Wetland that likely would have existed in
the absence of the disturbance.
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For an area to qualify as a Vegetated Wetland, one or more indicators
of wetland hydrology must be present over at least part of the area.
For an Isolated (non-bordering) wetland to qualify as Isolated Vegetated
Wetland, it must encompass an area of at least 400 square feet based
upon the delineation criterion above. Alternatively, one or more isolated
wetlands that exist in an ecologically related cluster and have an
aggregate area of 1,000 square feet or greater, collectively qualify
as Isolated Vegetated Wetland.
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A confined basin depression which, at least in most years,
holds water for a minimum of 2 continuous months during the spring
and/or summer, and which is free of adult fish populations. The Commission
may rely on past, observations, engineering calculations or other
factors in determining the existence or extent of a Vernal Pool. A
Vernal Pool may be any size. The boundary of a Vernal Pool shall be
the annual average high-water level determined from available evidence,
or engineering calculations, if required in the Commission's
discretion. All Vernal Pools shall be protected as part of the resource
area with a 100 feet no disturb setback within the 150 feet buffer
zone.
Those uses and facilities which require direct access to,
or location in, inland waters and which therefore cannot be located
away from said waters, including but not limited to: marinas, public
recreational uses, navigational and commercial fishing and boating
facilities, water-based recreational uses, navigation aids, basins,
and channels, industrial uses dependent upon waterborne transportation
or requiring large volumes of cooling or process water which cannot
reasonably be located or operated at an upland site, crossings over
or under water bodies or waterways (but limited to railroad and public
roadway bridges, tunnels, culverts, as well as railroad tracks and
public roadways connecting thereto which are generally perpendicular
to the water body or waterway), and any other uses and facilities
as may further hereafter be defined as water-dependent in 310 CMR
9.00.
Includes any Bank, Beach, Land Under Water, Land Subject
to Flooding (Bordering or Isolated), Vegetated Wetland (Bordering
or Isolated) or Vernal Pool within the Town of Dover. Definitions
of the various Wetland Resource Areas are provided within this chapter,
or in 310 CMR 10.00, if not provided herein.
