[3/4/91 J. Rhoads - This set of typical conditions was prepared based on the Hamilton Conservations Commission's existing list with the addition of some language that might be useful in most of the Orders to which it would be applicable. See also the attached supplemental list for some conditions for special situations]
12-
A. Special conditions include the following conditions 12-B through 12- on the attached pages 5-3B through 5-3*, herewith declared to be part of this Order, and which must be registered with it at the Essex County Registry of Deeds.12-
A. Town Bylaw Permit Provisions. This Order of Conditions issued under the Massachusetts Wetlands Protection Act also constitutes a Permit issued under the Town of Hamilton Bylaws Chapter 16 (Wetlands Protection Bylaw). Appeal to the Mass. Department of Environmental Protection pursuant to G.L. Chapter 131, Section 40 shall not operate to terminate or affect any of the provisions of said Permit.12- . Notice Required Before Start of Construction. Notice shall be given to the Commission not more than two (2) weeks nor less than two (2) days prior to the commencement of work.
12- . Certificate of Compliance Must Be Applied For. Upon completion of the project the applicant must apply for a Certificate of Compliance. This Order and Permit will not be considered complied with until the Certificate of Compliance has been requested, granted, and recorded at the Essex County Registry of Deeds.
12- . Requirements Binding on Applicant, Employees and Successors. The provisions of this Order and Permit shall apply to and be binding upon the applicant, applicant's employees, and all successors and assigns in interest or control. The Conservation Commission shall be notified in writing at the time of all transfers of title on this property prior to the issuance of the Certificate of Compliance. In conjunction with the sale of property subject to this Order or any part of the subject property containing a resource area or a portion of the buffer zone, the applicant shall submit to the Commission a signed statement by the buyer that he is aware of an outstanding Order of Conditions and Permit and any Conditions in Perpetuity connected to this property.
12- . Documents Must Be Available On Site. A copy of this Order of Conditions and Permit, including all referenced documents and plans and all other approvals and directives issued by the Commission, shall be available for inspection or reference at the site during the construction period.
12- . Applicant Must Require Compliance. Any contractor retained by applicant for work at the site shall be given a copy of this Order and associated plans and documents, and full compliance with the Order shall be made a condition of any contract for work to be done at the site. The applicant shall notify the Commission in writing the name(s), address(es) and business and home telephone number(s) of the on-site construction supervisor(s) authorized to coordinate construction during work on the site and to ensure compliance with all of the conditions of this Order and Permit relating to construction.
12- . Commission May Inspect. The applicant as a condition of this Order grants to the Commission members and agents of the Hamilton Conservation Commission the right to enter, inspect and sample the premises to evaluate compliance with the conditions and performance standards stated in this Order, the Act, and 310 CMR 10.00, and the Town of Hamilton Chapter XVI bylaw, and may require the submittal of any data deemed necessary by the Commission for that evaluation.
12- . Construction Operations Must Protect Wetlands. All facilities and equipment shall be continuously operated and maintained so as to comply with the conditions and the Act. The applicant shall make adequate provision for all such supervision, and shall have full legal responsibility for any failure to comply. Use of heavy equipment shall be confined to inside the limit of work as shown on the Plan of Record. All work shall be accomplished from the upland side of the limit of work line. The fording of streams with equipment is prohibited. No haul roads or temporary access roads shall be within any wetland resource area. No fuelling or lubricating operations, or storage of petroleum products shall take place within 100 feet of a wetland.Equipment must be maintained to prevent leakage or discharge of pollutants. Overnight storage of equipment must be a minimum of fifty feet from the wetland boundary.
12- . No deviations from plans permitted. All work must conform to the plan submitted, referenced on page 5-3A and the Notice of Intent and Application for Permit under the By-law. Any additional new construction, grade changes or alterations within the Wetland, Floodplain or 100 foot Buffer Zone, or any other deviations, additions, modifications or revisions made or intended to be made from the plans submitted shall require the filing of a new Notice of Intent and Application for Permit under the By-law, or to inquire of the Commission in writing by certified mail, whether the change is substantial enough to require a new filing and application.
12- . Construction envelopes may not change. The envelopes for construction of driveways, subsurface sewage systems, dwellings and other structures as shown on the plans are controlled by this Order and Permit. Any change in these envelopes will require filing a Request for Determination of Applicability.
12- . Septic System Requirements. All on-site subsurface disposal systems shall be in full compliance with the Massachusetts Environmental Code, Title 5, and the requirements of the Hamilton Board of Health. Prior to the initiation of construction, written verification that the subsurface sewage disposal plan has been approved by the Board of Health, and any Variances to Title V have been approved by the D.E.Q.E. Div. of Water Pollution Control shall be submitted to the Commission.
12- . Erosion Control Requirements. Prior to commencement of any earth moving activity, a haybale barrier shall be placed between the limits of the work and the Bordering Vegetated Wetlands as shown in the Plan of Record and/or specified in the Notice of Intent. The haybales shall be tightly butted together, firmly anchored with stakes and entrenched 4 to 6 inches in depth. Trench materials shall be deposited on the upgradient side of the haybale barrier. The haybales shall be inspected daily and those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. After such stabilization, the haybales (and siltation fence) and any trapped sediment shall be removed and disposed of properly.
12- . Erosion Control Failures Must be Corrected. Should any erosion or sedimentation control measure fail, immediate attention will be given by the applicant or his representative to correcting the failure and to rectifying any adverse impact from the failure, for example, by the removal of any silt or debris that may have bypassed the control measure. The Commission must be notified within 24 hours after the failure.
12- . Proper Disposal of Trees Required. Any trees removed during construction shall be either disposed of offsite, or burned (with proper Town permits), or used as firewood. No disposal of trees, brush, leaves or other vegetation in wetlands resource areas.
12- . Proper Disposal of Debris Required. All debris generated from all aspects of this project shall be removed from the site and properly disposed of. No spoils of construction, construction materials, or equipment shall be stored, placed or operated in the wetland areas.
12- . Clean Fill Required. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing.
12- . Driveway Fill Requirements. Any fill placed for driveway construction shall consist of clean sand and gravel, crushed stone or other mineral soil, substantially free of clay and silt and containing no deleterious materials.
12- . Wetlands Vegetation May Not be Destroyed. The protection of vegetation is important to allow slow percolation of rain water into the ground, to reduce erosion, to remove pollutants from the water and protect the statutory interests of the Wetlands Protection Act, therefore cutting or destruction of vegetation in the resource areas is permanently prohibited without Permits under M.G.L. c.131 Sec. 40 and the Conservation Bylaw.
12- . Ongoing Conditions After Project Completion. Certain conditions are ongoing and do not expire upon the completion of the project or issuance of a Certificate of Compliance. In particular, the applicants, owners, and their successors and assigns shall maintain all culverts, collection basins, traps, retention and detention ponds, outlet structures, and other elements of the drainage system in order to avoid blockages and siltation which might cause failure of the system and/ or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of the vegetative cover on the site.
12- . As-built Plan and Engineer's Certification Required. Upon the completion of all proposed and permitted alterations to the wetlands and the buffer zone on the locus, the applicant shall comply with condition 11 by requesting a Certificate of Compliance, and accompanying such request shall be a certification of a registered engineer that the work complies with that as shown and permitted on the original plans. Any variation must be noted and explained. "As built" shall include but not be limited to: "as built" locations of subsurface disposal systems, and all structures, roadways, drainage ways, headwalls, culverts, elevations and grade changes in the resource areas and buffer zone.