[HISTORY: Adopted by the Town Meeting of the Town of Plainville 6-6-2011 ATM by Art. 26. Amendments noted where applicable.]
The purpose of this bylaw is to protect the floodplains and wetlands of the Town of Plainville by controlling activities deemed to have a significant effect upon wetland values, including but not limited to the following: public and private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention, water quality, fish, wildlife.
Any person desiring to know whether or not a proposed activity or an area is subject to this bylaw may request a determination from the Conservation Commission in writing. The Conservation Commission shall issue its determination, in writing, within 21 days from the receipt of such request.
No person shall remove, fill, dredge, alter or build upon or within 100 feet of any bank, freshwater wetland, flat, marsh, meadow, bog, swamp or lands bordering on any creek, river, stream, pond or lake, or upon or within 100 feet of any land under said waters, any land subject to flooding or inundation, or the one-hundred-year storm line, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, sanitary sewer, storm drainage, public roadway, telephone, telegraph or other telecommunications services without filing written notice with the Conservation Commission of his intention to so remove, fill, dredge or alter, including such plans as may be necessary to describe such proposed activity and its effect on the environment and without receiving and complying with an order of conditions, and provided all appeal periods have elapsed.
The notice of intention which must be filed with the Conservation Commission under and in accordance with the provisions of MGL c. 131, § 40, shall constitute the notice of intention which is required under § 472-3 of this bylaw; provided, however, that the plans submitted therewith describing the proposed activity and its effect on the environment shall include information on percolation rates and environmental impact data on erosion, sedimentation, wildlife, and aesthetics and such other information as the Conservation Commission may from time to time require. Each such filing as listed below shall be accompanied by a filing fee payable to the Town of Plainville. The fee is in addition to that required by the Wetlands Protection Act and Regulations.
The public hearing which the Conservation Commission is required to hold under the provisions of said MGL c. 131, § 40, on any such notice of intention shall also constitute the public hearing with respect to any proposed activity which requires the Conservation Commission's approval under this bylaw. The definitions, time frames and procedures, insofar as they are applicable, set forth in said MGL c. 131, § 40, and in the regulations promulgated thereunder by the Massachusetts Department of Environmental Protection, are hereby made a part of this bylaw.
As used in this bylaw, the following words shall have the meanings indicated:
- Any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth whenever it is subject to Town bylaw, any political subdivision of the commonwealth whenever it is subject to Town bylaw, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents or assigns.
The Conservation Commission and its agents, officers and employees may enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this bylaw and may make or cause to be made such examination or survey as deemed necessary.
The Conservation Commission is empowered to deny permission for any removal, dredging, filling or altering of subject lands within the Town if, in its judgment, such denial is necessary for the protection of all wetland values as described in § 472-1 of this bylaw.
The Conservation Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribute to the protection and preservation of the subject lands in accordance with the purposes of this bylaw.
The Conservation Commission may require the posting of a bond with surety, running to the Town and sufficient as to form and surety in the opinion of the Commission's legal counsel to secure faithful and satisfactory performance of the work required by any order of conditions in such sum and upon such conditions as the Commission may require. Other evidence of financial responsibility which is satisfactory to the Commission may be accepted in lieu of bonding. Notwithstanding the above, the amount of such bond or other security shall not exceed the estimated cost of the work required or the restoration of affected lands and properties if the work is not performed as required, whichever is greater. Forfeiture of any such bond or other security shall be recoverable at the suit of the Town in Superior Court. Such bond or other security shall be released upon issuance of a certificate of compliance.
The notice of intent required by § 472-3 of this bylaw shall not apply to emergency projects necessary for the protection of the health and safety of the citizens of the Town and to be performed or ordered to be performed by an administrative agency of the commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environmental Protection and the Conservation Commissioner if this bylaw and said MGL c. 131, § 40, are both applicable, or by the Conservation Commission if only this bylaw is applicable. In no case shall any removal, filling, dredging or altering authorized by such certification extend beyond the time necessary to abate the emergency.
The provisions of this bylaw shall not apply to any mosquito control work done under the provisions of MGL c. 40, § 5, Clause 36, or under any special act, and shall not apply to any work performed for normal maintenance or improvement of land in agricultural use as of the effective date of this bylaw.
The Conservation Commission, after due notice and public hearing, may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.
Any person who violates any provision of this bylaw or of any condition of a permit issued pursuant to it shall be punished by a fine of $200. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This bylaw may be enforced by a Town police officer or other officer having police powers pursuant to the provisions of MGL c. 40, § 21D, and Chapter 277, Article II of the Town bylaws. Upon request of the Commission and the Board of Selectmen, Town Counsel shall take such legal action as may be necessary to enforce this bylaw and permits issued pursuant to it.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.