Bylaw Regulations Revisions - Introduction to Revisions Submitted for Review Page 13

Bylaw Regulations Revisions - Introduction to Revisions Submitted for Review – Page 13

MEMO

TO: Leon Gaumond, Town Administrator,
Sturbridge Board of Selectmen
Sturbridge Town Counsel

FROM: Sturbridge Conservation Commission

DATE: August 28, 2018

REGARDING: Submission of Proposed Revisions of
Sturbridge Wetlands Bylaw Regulations for Review
by Board of Selectmen and Town Counsel

The Sturbridge Conservation Commission has been working on a review and update to the Sturbridge Wetlands Regulations, which were last revised in February 2004, over thirteen years ago. The Conservation Commission felt that a thorough review and update of the document would be helpful. One primary focus was to make the content shorter, less dense, and understandable to the general public.

The Conservation Commission went through the Regulations section by section. Each section was reviewed and edited to create a “plain English” document that could be understood by a typical resident. Long, wordy definitions were condensed, and references were given for individuals requiring more in depth information. Formatting in the original document was corrected so each chapter or section was presented in the same style.

While the majority of the Regulations remain unchanged the Commission reviewed and updated the fees and fines in Chapter 4. The Commission differentiated between buffer zone violations and violation within wetlands. The act of filling or working in a wetland is viewed by the Commission as a much more serious violation than activity in the buffer zone, and the new fine structure reflects that with more substantial fines for violations in wetland resource areas. The Commission also established a schedule of fines for the amount of illegal filling of wetlands. That can be found in Chapter 4.16.

The Commonwealth recently changed the requirements for notification to abutters, which now allows use of Certificates of Mailing vs. the old requirement of Certified Mail, Return Receipt. That change, along with local procedures for placing legal notices and notifying abutters was incorporated into Chapter 4.4.

Many of the changes to the Regulations are minor in nature and are noted below:

Chapter 1 - Introduction

1.1 Areas Subject to Protection

Minor wording changes for clarity

1.3 Significant Impacts

Change title to Adverse Impacts. Wording adjusted for clarity and consistency with the Wetlands Protection Act (WPA).

1.4 Buffer Zones

Clarification of buffer zones to Riverfront Resource Areas and Vernal Pools.

Chapter 2 – Definitions

Reviewed chapter for general readability. Updated some definitions for consistency with WPA.

Chapter 3 – General Provisions

3.3 Minor Activities

Added bullet points for clarity. Re-worded for better understanding.

3.4 Letter Permits

This section renamed “Bylaw and Tree Removal Permits. Re-worded to differentiate between Tree Removal and Wetland Bylaw.

3.5 Limited Projects

Remove “cranberries” from list of limited projects. Cranberries are listed in the WPA, but not relevant to this area of the state.

3.9 Consultation

Reword. Change “Concom shall require a peer review”, to “may require”.

Chapter 4 – Procedures

4.3 Grandfathering

New section added with dates of various regulations.

4.4 Public Hearing Notification

Minor changes.

Applicant responsible for legal notice in newspaper.

Certificate of Mailing allowed for abutter notification.

4.5 Request for Determination of Applicability

Re-wording for clarity.

4.6 Determination of Applicability

Condensed. Eliminated unnecessary verbiage.

4.7 Notice of Intent

New requirement for digital files to be submitted with applications in addition to paper copies.

Reduce verbiage.

4.8 Order of Conditions

Reduce language.

4.10 Site Visit Requirements

Bullet points added for requirements.

Condense section.

4.11 Extension Permits

Reduce verbiage. Add numbering.

4.12 Certificate of Compliance

Re-word. Add bullet points.

4.13 Waivers

Re-wording for clarity.

4.14 Emergencies

Reduce Veriage.

Add bullet points for clarity.

4.15 Appeals

Clarification of process to appeal decisions of Conservation Commission on local and state regulations. DEP vs. Superior Court

4.16 Enforcement

Re-word for clarity.

Add bullet points.

Changed monetary amounts for fines.

Added fines for violations in resource areas.

Added fines for filling in resource areas.

4.17 Fees

Add fee for Certificate of Compliance.

4.18 & 4.19 Severability and Effective Dates of Regulations

These two sections were eliminated as redundant information.

Re-number the remainder of Chapter 4

Chapter 5 – Resource Areas

Chapter 5 was reduced from 16pp to 11pp. To reduce the size of the chapter the Commission used references to the WPA Regulations for the Preamble, Definitions, Presumptions, and General Performance Standards. Readers are directed to the specific chapter in the WPA Regulations that deal with a particular wetland area. Example: Bordering Vegetated Wetland information would be found in WPA Regulation 310 CMR 10.55. Basic information is found within the local regulations. A person needing more in depth information may reference the WPA.

Throughout Chapter 5 we have used bullet points and numbering to highlight important information and requirements.

The format of Chapter 5 now mimics the WPA Regulations. Sections for each type of resource area (Bank, Bordering Vegetated Wetlands, Land Under Water, Stream, etc) are divided into a Preamble, Definition, Presumption of Significance, and Performance Standards.

Chapter 6 – Additional Regulations

6.1 8% Slopes

Added reference to Zoning Bylaw section 4.04.

6.3 Docks

Clarify permitting authorities for various dock scenarios.

Chapter 7 – Application Requirements

The Conservation Commission did a thorough review of requirements for submittals. The Commission added a requirement of digital files as part of the application submittal for Notice of Intent and Request for Determination of Applicability.

Added bullet points to highlight requirements.

7.3 Notification to Abutters was revised to allow for Certificates of Mailing, no return receipt required.

Chapter 8 – Replication Requirements

8.1 General Performance Standards

Change format for better readability.

8.2 Riverfront Resource Area Restoration and Mitigation

Use of bullet points for clarity.

Chapter 9 – Forestry

The Conservation Commission did a complete re-work of this chapter for better understanding and added reference to the Sturbridge Bylaw and BOS recommendation.

Chapter 10 – Post Hearing Requirements

Use of bullet points to highlight requirements.

EXAMPLE OF revisions done to correct dense writing style
and make information more “user friendly”

2004 VERSION SECTION 4.13 EMERGENCIES

(FIRST SENTENCE IS all one sentence: )
The permit and application required by this bylaw regulation shall not apply to emergency projects necessary for the protection of the health and safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or the Town of Sturbridge, provided that notice, oral or written, is provided to the Conservation Commission prior to commencement of work or within 24 hours after commencement, provided that the Conservation Commission certifies the work as an emergency project, and provided that the work is performed only for the time and place certified by the Conservation Commission for the limited purposes necessary to abate the emergency, and provided that protective measures required by the Conservation Commission are complied with, and as determined necessary within 21 days of the commencement of an emergency project, a permit application shall be filed with the Commission for review as provided by this bylaw. (See Section 1.3 of these regulations). Such notice shall state the name of the person performing the work, the name of the property owner (if different), the property and the location on the property where the work is to be performed, the exact nature of the emergency and of the work which is to be performed, and when the work was begun and when it is expected to be completed. The Commission may, at its discretion, conduct a site visit to view the work being performed under such notice and to confirm that the information in the notice is correct.

2017 REVISION: The permit and application process required by this bylaw regulation shall not apply to emergency projects necessary for the protection of the health and safety of the public, provided that Notice, oral or written, is provided to the Conservation Commission prior to commencement of the work or within 24 hours after commencement. Such notice shall state the name of the person performing the work, the name of the property owner (if different), the property and the location on the property where the work is to be performed, the exact nature of the emergency and the work to be performed, when the work was begun and expected completion.

· Work is to be performed by (or has been ordered to be performed by) an agency of the Commonwealth or the Town of Sturbridge

· The Conservation Commission must certify the work as an emergency project

· Work will be performed only for the time and place certified by the Conservation Commission for the limited purposes necessary to abate the emergency

· Protective measures required by the Conservation Commission must be complied with

· A permit application must be filed with the Commission within 21 days of the commencement of the emergency project. (See Section 1.3 of these regulations).

· The Commission may, at its discretion, conduct a site visit to view the work being performed and to confirm that the information in the notice is correct.

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2004 VERSION: 4.12 CERTIFICATES OF COMPLIANCE

Upon completion of the work described in a Final Order of Conditions, the applicant shall request in writing the issuance of a Certificate of Compliance stating that the work has been satisfactorily completed. Upon written request by the applicant, a review of the request for a Certificate of Compliance shall be held during public meeting by the Commission within 21 days of receipt thereof. A Certificate of Compliance or a letter of Non-Compliance shall be issued within 45 days of receipt and shall certify that the activity or portions thereof described in the Notice of Intent and plans has been completed in compliance with the Order. The Certificate of Compliance shall be signed by a majority of the Commission. A copy of the Certificate of Compliance shall be sent to the DEP.

Prior to the issuance of a Certificate of Compliance, a site inspection shall be made by the issuing authority. If the issuing authority determines, after review and inspection, that the work has not been done in compliance with the Order, it may refuse to issue a Certificate of Compliance. Such refusal shall be issued within 45 days of receipt of a request for a Certificate of Compliance, shall be in writing and shall specify the reasons for denial.

A copy of the final plans approved in the Order shall accompany the request for a Certificate of Compliance. The final plans accompanying a Certificate of Compliance request must be signed and dated by the party that prepared the plan stating that the as-built site is the same as that shown in the final approved plan.

Certificates of Compliance will not be issued for any site on which there is a replication area for a minimum of 5 years. The five year period has been based established based on the Commission’s previous experience with local replication areas.

The Certificate of Compliance shall specify which, if any, of such conditions shall continue. The Certificate shall also specify to what portions of the work it applies, if it does not apply to all the work regulated by the Order.

The Certificate of Compliance shall be recorded in the Land Court or Registry of Deeds, whichever is appropriate. Certification of recording shall be sent to the Commission.

2017 REVISION: 4.12 CERTIFICATES OF COMPLIANCE

In order to review a Request for Certificate of Compliance, the Commission will need the following information:

· Completed Request for Certificate of Compliance Form

· Proof of substantial compliance to the plan approved by SCC;

a. A written statement from an appropriate registered professional, certifying substantial compliance to the approved plan and the order of conditions; OR

b. An “As Built” plan, also signed and stamped by above named professional showing all features in their “As Built” location.

Upon receipt of a complete request, the Commission or its Agent will conduct a site visit verifying compliance with the plan and stability of the site. The Commission has a period of 21 days within which to hold a review of the request for a Certificate of Compliance during public meeting. A Certificate of Compliance shall be issued within 21 days of receipt of the Request and shall certify that the activity or portions thereof described in the Order of Conditions and plans has been completed insubstantial compliance with the Order. The Certificate of Compliance shall indicate any on-going condition required by the Order of Conditions. The Certificate of Compliance shall be signed by a majority of the Commission.

If the issuing authority determines, after review and inspection, that the work has not been done in compliance with the Order, it may refuse to issue a Certificate of Compliance. Notification of denial shall be issued within 21 days of receipt of a Request for a Certificate of Compliance, it shall be in writing and it shall specify the reasons for denial.

The Commission will decline to issue a Certificate of Compliance until the project site is fully stabilized and any replication or restoration areas are deemed successful by the Commission. The Certificate of Compliance shall specify any ongoing conditions.

2004 VERSION: 4.16 ENFORCEMENT AND CEASE AND DESIST ORDERS

When the Commission, the DEP or the Division of Law Enforcement of the Department of Fisheries, Wildlife and Environmental Law Enforcement (DFWELE) determines that an activity is in violation of M.G.L. c. 131, § 40, 310 CMR 10.00, the Town of Sturbridge Wetlands bylaw or regulations or a Final Order, the Conservation Commission may issue an Enforcement or Cease and Desist Order. Violations include, but are not limited to:

1. Conducting activities regulated by the Town of Sturbridge Wetland bylaw with in a buffer to a resource area without a permit;