Town of Townsend, MA Conservation Commission

These rules and regulations are promulgated under the Town of Townsend Wetlands Bylaw to create a uniformity of process and to clarify and define the provisions of the Wetlands Bylaw.[1] All filings made under MGL c. 131, § 40 in Townsend are also subject to the Wetlands Bylaw, Town of Townsend. Some projects in or near isolated wetlands may be subject only to the constraints of the Wetlands Bylaw, Town of Townsend.

[1]

Editor's Note: See Ch. 138, Wetlands.

§ 150-2 General provisions.

Wetlands shall be defined by vegetation, soils, and hydrology, or a combination of at least two out of three, and shall include intermittent wet areas, ponds, and streams.

All work shall be done in such a manner as to prevent eutrophication, sedimentation, erosion or any other significant negative impact on wetlands or public and private water supplies. Any intent to alter these resources shall require a permit from the Conservation Commission.

Protection of recreational and scenic areas will not constitute sole grounds for denial. However, these values will be considered, and applicants may be required to discuss the impact of their projects upon such areas. The Commission may impose restrictions to lessen the impact of the project on these and other inherent wetland values.

The Conservation Commission may not regulate the design of septic systems but may, under the Wetlands Bylaw, Town of Townsend, regulate construction details and location in order to protect wetland values. To minimize post-application redesigning and maximize efficiency in the project review and to minimize delay in the permitting process, it is recommended, where there is any question as to the delineation of the wetland where a septic system is concerned, that the applicant file with the Conservation Commission before requesting a permit from the Board of Health.

The Conservation Commission may, at its discretion, regulate the type of equipment to be used within a resource area or its respective buffer.

Projects involving the application of herbicides, de-icers, dust controllers or fertilizers shall supply trade name, constituents, application rates and frequencies. In order to protect wildlife and water supplies, the Commission may regulate the above procedures in accordance with label requirements and/or other official recommendations. The Commission may also require substitution of other substances or procedures.

For all projects, including construction of any sort, a written statement describing construction methodology, including type of machinery to be used, accessway to project site, proposed timetables, etc., is required.

Any hearing held under the Wetlands Bylaw, Town of Townsend, may be continued with the applicant's consent for a reasonable time in order to allow the applicant sufficient time to produce information which the Commission deems necessary to make a decision on the impact of the project. As an alternative to continuance or after failure or refusal by the applicant to produce additional information as requested, the Commission may deny the project.

Plans, drawings, sketches and calculations shall be stamped and signed by the person(s) responsible for their preparation. Plans and drawings involving the practice of surveying or engineering shall be stamped and signed by the appropriate design professional, who shall be registered in the Commonwealth of Massachusetts.

The Wetlands Bylaw, Town of Townsend, requires consideration of fisheries and wildlife. A discussion of the effect of the proposed project on these areas must be included.

The following information is to be shown on notice of intent plans unless deemed unnecessary or waived by the Townsend Conservation Commission:

(1)

Sheet size: maximum 30 inches by 42 inches.

(2)

Scale: as needed to show all necessary details, but at a ratio no greater than 1:480 (e.g., one inch equals 40 feet).

(3)

Title block: located at lower right-hand corner with:

(a)

Name of the owner of record, applicant, PLS/RPE (if involved).

(b)

Lot number, street number, street, Tax Assessor's Map, block and parcel/lot numbers.

(c)

Original date.

(d)

Revision area for dates and nature of revisions.

Scale.

North arrow.

Locus map.

Nearest utility pole number, if applicable.

(7)

Reference benchmark (vertical datum used).

(8)

Legend depicting all natural resources and significant site features.

(9)

All resource areas.

(10)

Wetland boundaries indicated by numbered points corresponding to flags placed in the field.

(11)

100- and 500-year flood elevations.

(12)

Limit of disturbance.

(13)

High water mark for all water bodies from best available data or observation with source noted.

(14)

All existing and approved aboveground structures, roadways, accessways, contours, stormwater features, and other visible physical alterations proposed.

(15)

All below-ground alterations and structures, including utility lines, drainage structures, on-site septic systems, wells and storage tanks.

(16)

Vegetated buffer of naturally occurring plant material: minimum 35 feet wide along all wetlands and water bodies to not be disturbed and labeled as such.

(17)

Location of temporary and permanent erosion control.

(18)

Location of stockpiled materials, if any.

(19)

For any project other than alterations to, or associated with, those for a single residential lot, the drainage basin in which the site is located shall be delineated on the locus plan, as well as any municipal water supply within that drainage basin.

(20)

All wetlands, water bodies, ditches capable of carrying water and water supply within that drainage basin.

(21)

Calculations shall be supplied for ten- and 100-year interval storms. Methodology and information sources shall be supplied. Calculations should show predevelopment conditions and post-development conditions for comparative purposes.

(22)

Buffer zone boundary lines as defined within § 138-7A(6), with the addition of:

(a)

Thirty-five and 50 feet from banks, freshwater wetlands, marshes, bogs, wet meadows, swamps, intermittent creeks, intermittent streams, vernal pools, isolated wetlands, and ponds/lakes not granted a 200-foot buffer.

(b)

Thirty-five and 100 feet from rivers, perennial streams, and ponds/lakes which are granted 200-foot buffers.

(23)

All existing topography and proposed contours at a contour interval no greater than two feet.

(24)

Cross sections.

(25)

All proposed or completed alterations.

(26)

Replication areas.

(27)

All discharge points and culverts, including those in the public way.

(28)

Property boundaries, rights-of-way, easements, restrictions.

(29)

Record the person(s) and firm that delineated the resource areas.

(30)

Stamp and signature of a registered professional engineer. In circumstances where the Commission determines that no survey is required, the stamp and signature of a registered sanitarian may be acceptable.

(31)

Note indicating the source of fill if there will be more than 2,000 cubic yards brought from offsite.

Fees.

Purpose. As provided by MGL c. 44 § 53G, the Townsend Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services. Such services shall be deemed necessary by the Commission to come to a final decision on an application submitted to the Conservation Commission pursuant to the requirements of: the Wetlands Protection Act (MGL c. 131 § 40), the Townsend General Wetlands Bylaw (Ch. 138), Conservation Commission Act (MGL c. 40 § 8C), or any other state or municipal statute, bylaw or regulation, as they may be amended or enacted from time to time. The Conservation Commission may also impose fees for other consultant services, related to application review, or permit conditioning or monitoring, under any of the above-referenced laws or regulations.

Special account. Funds received pursuant to these rules shall be deposited with the Town Treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Conservation Commission without further appropriation as provided in MGL c. 44 § 53G. Expenditures from this account shall be made only in connection with a specific project or projects for which a consultant fee has been collected from the applicant. Expenditures of accrued interest may also be made for these purposes.

Consultant services. Specific consultant services may include, but are not limited to, resource area survey and delineation, analysis of resource area values, hydrogeologic and drainage analysis, impacts on municipal conservation lands, and environmental or land use law. Services may also include on-site monitoring during construction, or other services related to the project deemed necessary by the Commission. The consultant shall be chosen by, and report only to, the Commission and/or its administrator.

Notice. The Conservation Commission shall give written notice to the applicant of the selection of an outside consultant. Such notice shall state the identity of the consultant, the amount of the fee to be charged to the applicant, and a request for payment of said fee in its entirety. Such notice shall be deemed to have been given on the date it is delivered. No such costs or expenses shall be incurred by the applicant if the application or request is withdrawn within five days of the date notice is given.

Payment of fee. The fee must be received prior to the initiation of consulting services. The Commission may request additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new information requires additional consultant services. Failure by the applicant to pay the consultant fee specified by the Commission within 10 business days of the request for payment, or refusal of payment, shall be cause for the Commission to deny the application based on lack of sufficient information to evaluate whether the project meets applicable performance standards in 310 CMR 10.00 and the Townsend General Wetlands Bylaw or its regulations. An appeal stops the clock on the above deadline; the countdown resumes on the first business day after the appeal is either denied or upheld. A denial for lack of information may be based solely on the lack of the third-party consultant review identified as necessary by the Commission. The Commission shall specify in its denial the nature of the information lacking which its chosen consultant would provide, e.g., the questions it needs answered.

Appeals. The applicant may appeal the selection of the outside consultant to the Board of Selectmen, which may only disqualify the outside consultant selected on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree or three or more years of practice in the field at issue or a related field. Such an appeal must be in writing and received by the Board of Selectmen and a copy received by the Conservation Commission, so as to be received within 10 days of the date consultant fees were requested by the Conservation Commission. The required time limits for action upon the application shall be extended by the duration of the administrative appeal.

Return of unspent fees. When the Commission's review of a project is completed and an order of condition issued, any balance in the special account attributable to that project shall be returned within 30 days. The excess amount, including interest, shall be repaid to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Commission with appropriate documentation. A final report of said account shall be made available to the applicant or applicant's successor in interest.

Projects exceeding certain disturbance thresholds as defined in Chapter 85 of the Townsend General Bylaws and § 175-44 of the Townsend Regulations are separately required to file for a stormwater management permit.

§ 150-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ABUTTER

Those property owners whose land abuts the subject land described in a plan subject to Townsend Conservation Commission review for a notice of intent or a abbreviated notice of resource area delineation. It shall also mean those property owners across a street or road, river, stream, brook, creek or other wetland from the subject land.

AESTHETICS

The beauty of wetland-related open space.

AGRICULTURAL USE/LAND IN AGRICULTURAL USE

Normal maintenance of land in agricultural use means the following activities:

(1)

All tilling and harvesting practices customarily employed to enhance existing conditions on land which is already in active agricultural use.

(2)

Pasturing of animals, including the construction and maintenance of such fences and protective structures as may be required, not to include buildings such as barns, stables and sheds.

(3)

The use of fertilizers, pesticides, herbicides and other related materials, subject to all state, local and federal laws and regulations governing their use when applied outside wetland resource areas, including floodplains.

(4)

The maintenance of field ditches, subsurface drains, grass waterways, access roads and similar projects to prevent erosion, provide more effective use of rainfall and to improve equipment operation efficiently, all in order to improve conditions for the growing of crops.

(5)

The cutting and removal of trees or any products derived therefrom, when carried out in the following manner:

(a)

Every reasonable effort shall be made to avoid or minimize access through areas subject to the protection of the Bylaw.

(b)

Where access through areas subject to the protection of the Bylaw is necessary, every reasonable effort shall be made to gain such access without constructing new accessways. Such efforts shall include, but not be limited to, maintaining and improving (but not substantially enlarging) existing accessways and conducting operations when the soil is frozen, dry or otherwise stable.

Improvement of land in agricultural use may also include more extensive practices such as the building of ponds, dams, structures for water control and sediment basins and related activities but only where a plan for such activity approved by the Conservation District of the Natural Resources Conservation Service is furnished to the Townsend Conservation Commission prior to the commencement of said work. All activity shall subsequently be carried out in accordance with said plan. In the event that the work is not carried out in accordance with the required plan, the Conservation Commission may place a stop order on said work and have recourse to such measures as if the plan were an order of conditions.

ALTER

As defined in § 138-7 of the Wetlands Bylaw.

APPLICANT

As defined in § 138-7 of the Wetlands Bylaw.

AQUIFER

Those areas as shown in the Town of Townsend Water Supply Protection Plan and Groundwater Flow Maps.

BUFFER ZONE

The area described in § 138-7 of the Wetlands Bylaw.

BUILD

Any form of construction, reconstruction, repair or expansion of any building, structure, road or other way or alteration which has the potential to alter as that term is defined in § 138-7 of the Bylaw.

COMPENSATORY STORAGE

A volume of fill required to be removed from the edge of a floodplain to offset placement of an equal or lesser volume of fill at the same elevation within the floodplain. The location of the compensatory storage shall be contiguous to, but not within, the floodplain. The intent is to not adversely affect the flood storage capacity of the floodplain.

CONES OF INFLUENCE

Those areas as shown in the Town of Townsend water supply.

CONSERVATION COMMISSION

For the purposes of the Bylaw, a Mayor or Board of Selectmen, where no Conservation Commission exists under MGL c. 40, § 8C.

CREEK

Any small stream or any intermittent tributary to any brook, river, stream or wetland resource, whether it interconnects two such sources or not.

DREDGE

To clean, deepen, widen or excavate, either temporarily or permanently.

EROSION CONTROL

The prevention or reduction of the detachment or movement of soils or rock fragments by water, rain, wind, ice, melt and/or gravity.

FILL

To deposit or place any materials so as to raise an elevation, either temporarily or permanently.

FISHERIES

All species of freshwater fish and shellfish.

FLOOD CONTROL

The prevention or reduction of flooding.

FLOODING

Local and/or temporary rise in the surface of a body of water such that it covers land not usually under water.

FLOODPLAIN

As defined in § 138-7 of the Wetlands Bylaw.

GROUNDWATER

Water below the earth's surface as shown by core drilling and/or analysis. If deemed necessary by the Commission, determination of groundwater level may be required by the Conservation Commission to be done when high water tables are prevalent.

INUNDATION

See definition of "flooding."

LAKE

Any body of fresh water with a surface area of 10 acres or more, either natural or man-made, continuous or intermittent.

PERSON

As defined in § 138-7 of the Wetlands Bylaw.

PLANS

Such data, maps, engineering drawings, calculations, specifications, schedules and other materials deemed necessary by the Conservation Commission to describe the site and/or work, to determine the applicability of the Bylaw or to determine the impact of the proposed work upon the interests identified in the Bylaw. The Townsend Conservation Commission requires the submission of a plan showing numbered flags corresponding to the same numbered flags delineating the edge of wetland in the field. The wetland delineation shall be done by a wetland scientist or a landscape architect; however, the final delineation of any wetland area shall be determined, ultimately, by the Townsend Conservation Commission.

POLLUTION

The contamination or degradation of physical, chemical or biological characteristics of surface or ground water.

POND

Any body of water with a surface area less than 10 acres, either natural or man-made, continuous or intermittent.

PREVENTION OF POLLUTION

The prevention or reduction of contamination, degradation or change in the physical, chemical or biological characteristics of an area of land or water.

PUBLIC WATER SUPPLY

Any source or volume of water available, or demonstrated to have potential for availability, for public use as a designated water supply, whether surface or ground water.

REMOVE

The act or process of taking away or moving any type of materials thereby changing the elevation of land or waters, either temporarily or permanently.

RIVER

A natural stream or water that empties into any lake, pond or other river, stream or body of water and has continuous or intermittent flow.

SEDIMENTATION CONTROL

A method capable of arresting and containing waterborne materials while allowing water to flow unimpeded.

SELECTIVE CUTTING

The cutting of no more than 50% of tree cover or 50 cords harvested within a jurisdictional conservation area, whichever is less, which shall occur only during those periods when the ground is sufficiently frozen, dry or otherwise stable to support the equipment used. The applicant shall file a statement with the Commission as to the number of cords to be harvested. Selective cutting of trees shall not include filling, excavation, removal of stumps, or other change in the existing topography. All timber slash handing, i.e., branches, chips, bark, etc., shall conform to the State Timber Slash Law, MGL c. 48, §§ 16 and 16A.

SIGNIFICANT EFFECT

Includes (but is not limited to):

Any actual or potential contamination to public, private or ground water supply, including aquifers or cones of influence, land containing fisheries or wildlife, including the biological life necessary to support a freshwater ecosystem.

Any reduction of the flood storage capacity of a freshwater wetland, river, stream or creek, including isolated lands subject to flooding.

Any alteration of a river, stream or creek that results in any increase in the volume or velocity of water which may cause flooding.

Any action which fills, removes, dredges, alters or builds upon any area described in § 138-1 of the Bylaw.

STORM DAMAGE PREVENTION

The elimination or reduction of any damage caused by a storm.

STREAM

A body of running water, including brooks and creeks, whether continuous or intermittent, moving in a definitive channel on the ground, whether it interconnects two wetland resources or not.

WATER POLLUTION PREVENTION

The prevention or reduction of contamination or degradation of physical, chemical or biological characteristics of surface or ground waters.

WET MEADOWS

An area consisting of "very poorly drained soil" as described by the National Cooperative Soils Survey of the United States Department of Agriculture, Soil Conservation Service.

WETLAND RESOURCE AREA

As described in § 138-1B of the Bylaw.

WILDLIFE

Living things that are neither human nor domesticated, whose survival is either directly or indirectly dependent on wetland resource areas.

§ 150-4 Procedures.

Determination of applicability.

(1)

"Determination of applicability" shall mean any review and written finding by the Conservation Commission as to whether a site or the work proposed thereon is subject to the jurisdiction of the Bylaw. It shall be in the form marked "B" in the Appendix.

(2)

Any person who desires a determination as to whether the Bylaw applies to an area, or work to be performed on said area, shall submit a written request to the Commission. Such request for determination of applicability shall be in the form marked "A" in the Appendix and should be sent by certified mail or hand delivered. The Conservation Commission may require that additional information be submitted to aid in evaluation. The Commission's determination shall, as noted above, be in the form marked "B" in the Appendix and shall state whether or not a filing of a notice of intent shall be required.

Notice of intent. Any person who desires a review of a notice of intent, the form marked "C" in the Appendix, shall file with the Commission plans and specifications as required under MGL c. 131, § 40, and with accompanying plans as defined in these rules and regulations. A public hearing will not be held on a notice of intent deemed incomplete by the Commission. Filing and hearing procedures are as defined in the Bylaw.

Order of conditions (permit).

(1)

See § 138-2A of the Bylaw.

(2)

Change in submitted plans. If at any time after a notice of intent or request for determination of applicability has been submitted to the Commission for review there is any change in the proposed activity, the applicant must notify the Commission in writing or in person of these changes. No changes shall be done until the Commission has reviewed the changes. The Commission shall review these changes and determine if a new notice of intent or request for determination of applicability must be filed. The applicant shall be notified of the decision of the Commission within 21 days of the date notification of the changes is received. The Commission's order of conditions or permits shall use the form marked "D" in the Appendix.

Certificate of compliance. A certificate of compliance shall be requested by the applicant in writing and may be issued by the Commission following site inspection. This certificate shall be issued in the form marked "E" in the Appendix and shall be valid only when approved by a majority of the Commission. If after a site inspection the Commission determines that the order of conditions has not been satisfactorily complied with, the request for a certificate shall be denied.

Security. See § 138-8 of the Bylaw.

(1)

The amount of any bond required under § 138-8 of the Bylaw shall be determined by the Commission and any other professional party consulted by the Conservation Commission knowledgeable of such matters. This bond shall be approved and filed with the Commission prior to commencement of any activity so regulated under the Bylaw. The applicant may submit a bond estimate to the Commission for its consideration. Such estimate should reflect the cost for the Town of Townsend to complete the work and any additional consultation fees.

(2)

The bond shall be released by the Conservation Commission only on satisfactory completion of an order of conditions and issuance of a certificate of compliance, if applicable.

Date of receipt shall be the date of delivery to an office or residence or usual place of business, whether by mail or by hand delivery.

Emergency: as defined in § 138-3 of the Bylaw. If necessary, a resident or firm can request an emergency certification from the Commission.

Plans are data, maps, engineering drawings, calculations, specifications, schedules or other means deemed necessary by the Commission to describe the site and/or work, to determine the applicability of the Bylaw or to determine the impact of the proposed work on the protected interests of the Bylaw.

Quorum is a majority of the members of the Commission then in office.

Enforcement Order.

(1)

Enforcement order shall be in the form marked "F" in the Appendix. Such enforcement order may be issued to any person who, as determined by one or more members of the Commission upon inspection, violates any provision of the Bylaw. The enforcement order may be issued by one or more members of the Commission. This action must be ratified by the Commission at its next posted meeting.

(2)

A violation of the Bylaw includes all work and/or activities being done without an order of conditions (permit), in violation of an order of conditions (permit), after an order of conditions (permit) has expired or in violation of a determination of applicability. A fine may be issued, as provided for in § 138-9 of the Bylaw.

Administrative approval.

(1)

A project that is proposed within a resource area or its buffer, however has no anticipated alteration to the functions or values of the resource area or its buffer, may qualify for administrative approval. A person requesting such approval shall submit, in writing, a description of the proposed project, a map of the project location, and reasons as to why or how the project will not result in resource or buffer alteration. Following review of the request, approved Conservation staff may issue, on behalf of the Conservation Commission, administrative approval of the work.

(2)

The Conservation Commission has the authority in determining approved Conservation staff.

§ 150-5 Validity.

The invalidity of any section or provision of the rules and regulations of the Bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any order of conditions which has previously become final.

APPENDIX
1.	Forms:
	A.	Request for determination of applicability (same form as MGL c. 131, § 40).
	B.	Determination of applicability.
	C.	Notice of intent (same form as MGL c. 131, § 40).
	D.	Order of conditions (permit).
	E.	Certificate of compliance.
	F.	Enforcement order.