Hamilton Conservation Bylaw Regulations

GENERAL PROVISIONS
1. Authority
2. These Regulations are promulgated under the authority of the Home Rule Amendment Article LXXXIX (89), of the amendments of the Constitution of Massachusetts, 1966 as amended from time to time, and in accordance with the Hamilton Conservation Bylaw and shall be effective upon fulfillment of all legal requirements for their effectiveness.
3. Purpose
4. The purpose of the Hamilton Conservation Bylaw (hereafter referred to as the "Bylaw") is clearly stated in the Bylaw. Wetlands contribute to a number of public interests such as the prevention of pollution of surface water and groundwater, private and public water supply, wildlife habitat, protection of fisheries, and stormwater damage prevention, and are therefore protected by the Bylaw. The Bylaw identifies additional public interests not recognized by the Act. These are: "prevention of erosion and sedimentation", "wildlife" and "recreation".
  Any permit issued under the Bylaw and Regulations must therefore contribute to these public interests. These Regulations are promulgated to ensure fairness, to create a uniformity of process and to clarify and define the provisions of the Bylaw, administered by the Hamilton Conservation Commission, hereafter called the "Commission".
  
  Wetlands contribute to a number of public interests and are therefore protected by the Bylaw. The Bylaw identifies three additional public interests not recognized by the Act. These are: "prevention of erosion and sedimentation", "wildlife" and "recreation". Any permit issued under the Bylaw and Regulations must therefore contribute to these public interests.
5. Jurisdiction
6. The areas subject to protection under the Bylaw differ from those protected by the Act in that additional areas are protected by this Bylaw. The additional areas subject to protection under the Bylaw include smaller ponds, vernal pools and certain freshwater wetlands that may not meet the definition of bordering vegetated wetland under the Act.
  1. Vernal pools
  2. Such areas are presumed to be significant to the 'wildlife' and 'wildlife habitat' interests of the Bylaw. This presumption of significance can exist in the absence of Certification by the MA Division of Fisheries and Wildlife and whether or not the vernal pool is located outside a wetlands. Such areas can be regulated by the Bylaw since these areas protect the public interests identified in the Bylaw. See Section II Definitions for more detail.
  3. Freshwater Wetland
  Certain land may not meet the definition of a bordering vegetated wetland under the Act but still provide identified, important wetland functions and values. Such areas are significant to all of the interests of the Bylaw. Such areas are regulated by the Bylaw since these areas protect the public interests identified in the Bylaw. See Section II Definitions for more detail.
7. Fee Schedule
8. 1. Permit fees are payable at the time of application to the "Town of Hamilton".
  2. Fees shall be charged by the Commission as on the attached schedule.
  
  (a) Requests for Determination of Applicability shall be charged $25.00. If at the time of filing, or after the Commission's review, the Freshwater Wetland line is found to be greater than 100 ft. in length, an additional fee of $25.00 shall be charged for each 100 linear ft. of wetland line (or any portion thereof). The total fee for an addition to an existing structure shall be $25.00. The total fee for a new single family home or accessory structure shall not exceed $50.00.
  
  (b) Notices of Intent submitted under both the Act and Bylaw shall be subject to the filing fees mandated by State Regulation. Notices of Intent filed only under the Bylaw shall be subject to the Town's portion of the filing fee.
  
  (c) $50.00 shall be charged for each requested or required Modification or Amendment of an Order of Conditions. This shall not apply to Modifications or Amendments required by the Commission's Order of Conditions or required by another Town Board.
  
  (d) $50.00 shall be charged for each request for a Certificate of Compliance request after the first such request has been denied.
  
  (e) $50.00 shall be charged for each request to extend an Order of Conditions.
  
  (f) $50.00 shall be charged for an Emergency certification. This fee shall be applied to a Notice of Intent filing fee if required.
  
  (g) $100.00 shall be charged for each Enforcement Order issued to allow work to be completed under an expired Order when the work is substantially complete and the applicant is seeking a Certificate of Compliance.
9. Waivers from Regulations
10. Strict compliance with these Regulations may be waived when, in the judgment of the Commission, such action is consistent with the intent and purpose of the Bylaws and these Regulations. The applicant shall have the burden of proof that the granting of the waiver is consistent with the intent and purpose of the Bylaws and these Regulations, and are expected to show specific documented evidence that site specific conditions of slope, soil type, and water sources taken together with the applicant’s proposed plan are consistent with maintaining resource area quality and function.. The Commission shall act on the request and shall provide to the applicant, either by certified mail or hand delivery, its written decision. See Appendix 2 for a Waiver Request Form.
11. Officers and members

Officers
There shall be a Chair and Vice-Chair, who shall be elected by a majority vote of the eligible Commission members. The term of office commences and ends each year shall be one year, commencing and ending with the second regular Commission meeting following the adjournment of the annual Town meeting. In the event of a vacancy, the Vice-Chair shall succeed to the position of Chair, and a new Vice-Chair shall be elected by the eligible Commission members.
Members
1. A quorum consists of a majority of the Commission members who are serving in office at the time a vote is taken by the Commission. A majority vote of a quorum of the Commission shall constitute the decision of the Commission.
2. The members have such powers as are vested in them by any law or regulation, custom and practice.
Committees
There shall be such committees as the Commission may decide are necessary for the efficient execution of its duties.
Consultants
The Commission may, by vote at any meeting, appoint consultants or associate members to the Commission as allowed in Section 9 of the Bylaw and in MGL Ch.40 S.8C. Such consultants or associate members shall not have the right to vote, nor to represent themselves as official members of the Commission, but shall have the right to participate in meetings and activities of the Commission, as the Chair (or Vice-Chair) may designate upon the advice and consent of the Commission.
Associate Members
Associate members may be appointed by the Selectmen, in concert with the Conservation Commission and shall be designated as consultants in accordance with Section 9 of the Bylaw and MGL Ch.40 S,8C. These Associate Members shall not vote on any matter before the Commission. The Commission shall offer its views to the Selectmen on the qualifications and suitability of potential candidates.

DEFINITIONS

Massachusetts General Laws, Chapter 40 Section 8C and Chapter 131, Section 40 (hereafter referred to as the "Act"), as well as 310 CMR 10.00 Wetlands Regulations are hereby incorporated by reference and made a part hereof, except as otherwise modified by the Hamilton Conservation Bylaw and the Regulations promulgated herein and any subsequent amendments. References to government bodies shall be taken as references to those government bodies or to their sucessors in the relevant governmental role (e.g. references to the USDA Soil Conservation Service currently apply to the US Natural Resources Conservation Service, or to the Department of Environmental Quality Engineering apply to the Department of Environmental Protection).

The definitions provided in the State regulations 310 CMR 1l0O.0O4 shall apply to the Bylaw and Regulations except for those detailed below:

The term "adjoining land areas" means the buffer zone measured 100 feet horizontally from the boundary of any wetland as defined by the Act or the Bylaw.
The term "alter" shall include without limitation, the following actions when undertaken in areas subject to the Bylaw:
1. changing of pre-existing drainage characteristics, sedimentation patterns, flow patterns or flood retention characteristics;
2. placement of fill, excavation or regrading;
3. destruction of vegetationplant life, including cutting and removing of ground cover, shrubs or live or dead trees or shrubs;
4. changing water temperature, biochemical oxygen demand or other physical or chemical characteristics of water, including but not limited to the application of herbicides, pesticides, deicing agents, fertilizers, or oils for insect control;
5. any activities, changes or work which pollute or cause displacement of any body of water or groundwater;
6. any activities, changes or work which cause alteration of wildlife habitat.
The term "burden of proof" means the applicant shall have the burden of proving by a preponderance of credible evidence that the work proposed in the application taking place anywhere within a resource area or withing the 100 ft. buffer zone shall not have an unacceptable significant and/or cumulative effect upon the wetland values protected by this Bylaw. Failure to provide adequate evidence that the work proposed in the application shall not have an unacceptable significant and/or cumulative effect upon the wetland values protected by this Bylaw shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.
The term "freshwater wetland" under the Bylaw shall mean an isolated or previously disturbed area that meets the criteria of the currently applicable procedures under 310 CMR 10.00 or meets at least 2 of the following 3 criteria:
1. the vegetational community consists of at least 50% wetland plant species (listed as OBL, FACW, FAC by US Fish and Wildlife ServiceFWS)
2. hydric soils as listed by the US Natural Resources Conservation Service are present
3. hydrology or field indicators of hydrology according to the procedures of the 1987 Federal Method for Wetlands Delineation (US Environmental Protection Agency) are present
A "freshwater wetland" as described in these regulations that does not meet the definition of a bordering vegetated wetland under the Act must be a minimum of 1000 sq. ft. in surface area to be protected.
one "growing season" is considered the entire period from approximately March 15 to October 15.
The terms "land..subject to storm flowage" and "land...subject to inundation" can include vernal pools.
The term "permits" shall collectively refer to Oorders of Conditions and/or Determinations of Applicability.
The term "pond" shall mean any open body of fresh water, either natural occurring or man-made, with a surface area observed or recorded within the last ten (10) years of at least 5,000 square feet, and which is never without standing water due to natural causes, except during periods of extended drought. For purposes of this definition, extended drought shall mean any period of four (4) or more months during which the average rainfall for each month is 50 % or less of the (10) year average for that same month. Basins or lagoons which are part of waste water treatment plants shall not be considered ponds, nor shall swimming pools or other impervious man-made retention basins.
The term "stream" shall mean a body of flowing water, including brooks and creeks, which moves in a channel in the ground due to a hydraulic gradient, and which flows within, into or out of an area subject to pProtection uUnder the Act or Bylaw. A portion of a stream may flow through a culvert or beneath a bridge. Such a body of running water which does not flow throughout the year (i.e., which is intermittent) is also considered a stream unless it is upgradient of all freshwater wetlands.
Vernal pools are a temporary freshwater bodies that annually hold water for a minimum of 2 consecutive months during the spring and/or summer and which are free of adult fish populations. Vernal pools can provide critical habitat for specific rare, threatened or endangered wildlife. This wildlife includes, but is not limited to, wood frogs and mole salamanders. In the absence of certification by the MA Division of Fisheries and Wildlife a "vernal pool" as described in this section must meet both of the following criteria to be protected:
1. It must be minimum of 200 sq.ft. in surface area as defined by the -greatest limit of flooding observed or determined by field indicators of hydrology.
2. There must be some evidence of endangered, rare, threatened wildlife, "species of special concern" or obligate vernal pool breeders as listed by the MA Natural Heritage Program.
"Wetland Resource Areas", "Resource Areas" or "Wetlands" are those areas subject to protection under the Bylaw and Regulations, as stated in Section 2 of the Bylaw.

NO-DISTURBANCE AND NO-BUILD ZONES
When proposing alterations of land within 100 feet50' of a wetland, the applicant must overcome a strong presumption of adverse impact on the adjacent wetlands and their functions and values. The commission will likely require a 25 foot' no-disturbance zone extending from the edge of all wetland resource areas and a 50 foot' no-build zone. No contruction activity or removal of vegetative cover is allowed in the no-disturbance zone. Building construction of any kind is prohibited in the no-building zone. This includes, but is not limited to, home construction, porches, decks, additions, and sheds. Driveways and fences may be allowed in the no-build zone.
The imposition of these additional zones is established since, in the considerable body of experience of the Commission, alteration of land immediately adjacent to a wetland invariably results in the alteration of the wetland itself. Such wetland alterations have been observed during construction such as siltation, overgrading or depositing construction debris. Such alterations have been observed after construction from improper land use such as unregulated filling, cutting of vegetation, extension of lawns or the depositing of yard waste. Such alterations have been observed resulting in increased runoff, siltation and temperature or nutrient loading resulting from the change in land use immediately adjacent to the wetlands. These subsequent alterations cannot be regulated without the imposition of the restricted zones detailed above. Since the commission cannot allow unregulated alterations of wetlands, these restricted zones will likely be imposed on all projects. Due to the highly sensitive nature of Lake Cochichewick and its watershed, the size of restricted zones in the watershed will be increased to the amount needed to protect the wetlands and receiving water bodies from degradation. The exact size of those zones will be made on a case-by-case basis.

Such findings have compelled the Commission to engage in research into the literature and regulations concerning the function and necessity of such zones. See the Comission’s separate policy statement on buffer zones.
DETERMINATION OF APPLICABILITY
1. General
2. Any person or persons who desire a Determination as to whether this Bylaw applies to an area, or work to be performed in an area, shall submit a written request to the Commission in accordance with Section 4 of the Bylaw.
3. Filing Procedures
4. Two copies of a Request for a Determination and accompanying plans, along with a check for the appropriate filing fee shall be mailed at least 129 days prior to the hearing by certified mail, return receipt requested, or shall be hand delivered to the Conservation Office. This submittal shall be in accordance with the Bylaw. The Commission may, at its discretion, accept less detailed plans for a Determination than are generally required for a Notice of Intent. Plans submitted shall clearly and accurately show the present conditions and proposed work. Plans shall show the location of water bodies, wetlands and be signed/dated by the person who prepared them.
5. Public MeetingHearing
The Commission shall hold a public meetinghearing on the Request for Determination and shall issue a written determination within twenty-one days after receipt of the Request. Prior to making a determination, the Commission may require the submission of additional data deemed pertinent to the determination. The meetinghearing may be continued and the determination issued after 21 days with the permission of the applicant.
NOTICE OF INTENT
1. General
2. Any person who desires review of a Notice of Intent shall file with the Commission plans and specifications as required under MGL Chapter 131, Section 40, and as further defined below.
3. Filing Procedures
4. Two copies of the Notice of Intent application, accompanying plans and appurtenant data, and the appropriate filing fee, payable to the "Town of Hamilton", shall be sent by certified mail, or hand delivered, to the Hamilton Conservation Commission, Box 429, Hamilton, MA 01982, no later than 12 noon at least 129 days prior to a scheduled hearing. The applicant shall provide, as part of the application, a list of abutters (certified by the Assessor) within 300 feet of the property on which the work is proposed, accompanied by mailing labels to be used by the Commission in mailing notifications to whom notice has been sent, in accordance with the Section 5 of the Bylaw. The notice to abutters shall include the legal notice ofall information pertinent to the public hearing. No later than the date of the public hearing, the applicant shall provide copies of proof of mailing to abutters.
5. Incomplete Application
6. An application shall include, at a minimum, a properly executed Notice of Intent form issued by DEP and the items required in these Regulations. If the Commission determines that an application is incomplete or improper, it shall notify the applicant within 21 days of the date of receipt. The Commission may, at its discretion:
  1. Return the entire application, in which case all required time periods for processing the application shall become invalid.
  
  2. Require that additional information or materials be submitted within a specified period of time.
7. Public Hearing
The Commission shall hold a public hearing on the Notice of Intent and shall issue a written decision within twenty-one days after the close of the public hearing. Prior to the close of a public hearing all data deemed pertinent to the decision must be submitted and reviewed by the Commission. If additional data, or time to review data, is needed the Commission may vote to continue the public hearing. at the applicant's expense. to a timefor a period to be determined by the Commission.
PLANS
All applications shall include two copies of plans. Technical data should be submitted to describe the plans and shall be in narrative form with calculations submitted as necessary to substantiate the designs proposed.
1. Filing regulations: Plan requirements for small projects

To aid applicants in knowing what is needed from them and to help the state and local wetlands review and permitting procedures to run smoothly, the Hamilton Conservation Commission issues the following regulations.

These small project guidelines apply to small additions to a single family house within one hundred feet of a wetland area, minor landscaping projects near, but not in, wetland areas, small detached structures, and similar projects. Such projects may be reviewed by the Commission on the basis of a Request for Determination of Applicability form and an attached plan prepared by the owner. In general, more extensive projects require professionally prepared plans (see the following section on larger projects). Professional civil engineers registered to practice in Massachusetts are generally quite familiar with state and local wetlands regulations and can be very helpful in planning your project to avoid adverse environmental impacts.

DEFINITIONS

These definitions are informal aids to understanding this document, and they do not supercede the more formal and detailed definitions in the full Regulations for the Hamilton Conservation By-law.

Resource area. A wetland (a pond, river, stream, marsh, wet meadow, or an area subject to flooding (whether adjacent to la water course, or isolated)

Buffer zone. An area within 100 feet of a resource area, within which projects must be reviewed because they may have adverse impacts on the resource area. Under the state Wetlands Protection Act, areas subject to flooding do not have a buffer zone, but under the By-law, they do.

A project is considered a small project only if it does not involve work within a resource area.

NARRATIVE REQUIRED ON FORM

The description must specifically identify all work to be done, the area affected by the work including any removal of trees or other vegetation, the steps that will be followed in doing the work, and the measures that will be taken to avoid affecting resource areas (such as a silt barrier of haybales or silt fence fabric) and to restore the work areas after the work as finished, such as loaming and planting grass.

It is often helpful, and may be required, to place a row of haybales downslope from the work to serve as a limit of work and to catch as much as possible of the silt that will wash off excavated and bare earth areas associated with your work. To be effective, the haybales must be installed in a shallow trench the width of the bales and about four inches deep, the bales must be tightly butted end to end, and each haybale must be anchored firmly to the ground by two stakes, one near each end. Commericial fabric silt fence may be used, but it must be properly installed with the bottom appropriately anchored. A representative of the Commission may inspect the installation to make sure it is effective and order corrective action as he or she deems necessary.

PLAN REQUIRED

A detailed sketch map or plan shall be provided on an 8.5 x 11 inch sheet attached to the form. It must be drawn carefully, preferably but not necessarily to scale, with:

A title giving the street address, owner's name, date prepared, map and lot number (from the Assessor's records), and type of project (e.g. "House addition", "New Shed")

Location of the proposed work, with measured distance to the nearest point of the wetlands

Location of wetlands within 100 feet of the work.

Any trees within 100 feet of a resource area larger than 6 inches in diameter at a height of 4.5 feet above the ground should be individually shown including a dotted line showing the maximum extent of the crown ("drip line"), and allany trees to be removed must be specifically marked on the plan, and also the trees themselves must be marked with flagging tape. The owner is responsible for ensuring that no trees not so marked are removed or damaged in the course of the work, on penalty of a fine of up to $300.

Location of other structures within 100 ft of the wetland or the work, including:

dwellings and other buildings,
roadways and driveways
street drains, culverts, and catch basins
roof drains,
septic systems
underground utility services
wells, whether or not currently used for drinking water

The narrative and plan are a legal obligationpromise on applicant’s part to do the work in the way specified. Changes in the location, size or type of work are not permitted without the written approval of the Commission.

Following the plans and guidelines (including preserving all trees the plan does not specifically show as needing to be removed) or making sure the contractor follows the plans and guidelines is the applicant’s responsibility and the structure may be required to be removed and/or the applicant may be fined up to $300 for the applicant’s failure or the contractor's failure to do so.

1. PLAN REQUIREMENTS FOR LARGER PROJECTS
2. To aid applicants in knowing what is needed from them and to help the state and local wetlands review and permitting procedures to run smoothly, the Hamilton Conservation Commission issues the following guidelines. Applicants with small projects such as minor additions to a single family house, or minor landscaping projects, should see the precedingforegoing section on small projects. All other projects, including repairs to existing septic systems, shall conform to these guidelines applicable tofor larger projects unless the Commission has found by majority vote that some other procedure satisfactorily protects the interests of the Bylaw. Nothing here should be taken to rule out innovative practices to promote the interests of the Act and By-law, but applicants will be expected to provide evidence and documentation to support any contention that some other method is superior to methods referenced here.
  General Standards. All work shall be done so as to minimize eutrophication, erosion, sedimentation or any other significant negative impact on wetlands. Due consideration shall be given to the factors of soil types and their infiltration rates, slope, and degree of vegetative cover in determining possible impacts.
  
  The "no.
  
  Designs should seek minimum practicable increase in peak runoff rate and volume of runoff.
  
  Drainage should use infiltrative techniques such as leaching catch basins, retention basins and detention basins wherever practicable.
  
  Driveways and parking areas should make maximum use of porous materials.
  
  All projects involving the use of herbicides, de-icers, or fertilizers shall specify the trade name, components, application rates and frequencies. In order to protect resource areas, wildlife, and water quality Commission may regulate the above procedures in accordance with label requirements and current EPA or other official recommendations. The Commission may also require the substitution of other substances or procedures.
  1. FILLING OUT THE FORM AND SUPPLEMENTARY WRITTEN MATERIAL
  Written responses to the questions on the forms, and narratives explaining in detail how the proposed project protects the interests identified in the Act and the By-law receive close attention from the Commission. Though you may feel it is all clearly implied by the plans, these text materials are an important part of the record and you should not stint on using this opportunity to show the merit of your project.
  
  Start with a background section briefly outlining the characteristics of the site: its topography, geologic origin, soil characteristics, and relation to regional drainage, current land use and vegetational cover, and describe wetland resource areas and their current condition.
  
  For each resource area type show how your design minimizes the adverse impact on the specific interests mentioned in the Act and By-law (Public and private water supply, prevention of storm damage, surface and groundwater quality, etc.)
  
  Supporting Documentation. Document the basis in the engineering or scientific literature for your statements, interpretations and proposed management practices, providing full bibliographic citations. If a publication is particularly important to your argument, provide a photocopy of it or of the relevant sections.
  
  Erosion and sedimentation control plan. Provide a narrative of an adequate erosion and sedimentation control plan for sequencing the work to minimize impact, and consistent in all ways with current USDA Natural Resources Conservation Service guidelines, available from the Commission at Town Hall.
  
  Mitigation and Replication plan. If wetlands replication or compensatory storage is planned, give a detailed plan including procedures and timetables for preparation, planting, and evaluation.
  
  Sequencing. Sequences and timetables should be given. The Commission normally requires all mitigation, replication, easements, open space amenities and the like to be completed before any other construction is allowed. Any applicant requesting a different sequence shall show why such a procedure is necessary, and propose a method such as a performance bond by which the public interest in such mitigation, etc., may be protected.
  
  Calculations. Stormwater maximum flow estimates and hydrographs shall be prepared by accepted standard methods sanctioned by 310 CMR 10.00, such as embodied in USDA Natural Resources Conservation Service Technical Reports 55 and 20. Applicant shall state the assumptions used in the analyses, and justify the appropriateness of the assumptions to the situation being modeled. Full details including vendor and version number shall be provided for all computer programs used. Document the sources of all input data, including maps and tables of areas for drainage catchments, land cover types, and soil types.
  
  Long Term Maintenance Plan. Methods and timetables for long term maintenance of surface drainage channels, pipes, culverts and related structures shall be specified.
  
  PLAN SPECIFICATIONS
  
  Scale of main plan. Scale of the map should be suitable for detailed study and measurement of the proposed work, not more than 50 feet to the inch. Existing and proposed contours at an interval of not more than two feet should be shown. Each plan shall show both a numerical indication of scale and a graphical scale.
  
  Supplementary plans. More than a single plan may be necessary toof clearly and legibly represent all the relevant information. Supplementary maps particularly likely to be needed are: total watershed including the site and offsite areas draining intoover the any part of the site, subwatersheds, soil and cover. Where the information on such supplementary plans can be presented legibly on a reduced-size plan at a scale of more than 50 feet per inch, such reduced plans may be submitted in lieu of full size plans, but the main plan must meet the stated scale requirement.
  
  Specific Data Required On Plans. The following are minimum data requirements for all filings and drawings -- drawings failing to provide all applicable data from this list may cause your filing to be considered incomplete. Incomplete filings may be returned by the Commission and the 21 day period for scheduling of the public hearing will be considered not to have started. Additional site-specific data requirements may be imposed by the Commission if it finds they are needed to evaluate the impact of the proposed project on the interests mentioned in the Act and by-law, and these data requirements are in addition to those requested in the guidelines issued from time to time by the Department of Environmental Protection Wetlands Division.
  
  Title Block. Title block at lower right of drawing giving purpose of survey, owner's name, street address if applicable, map and lot number, date of submission of plan
  
  Revision Block. All drawings shall have a revision block with provision for dates and explanations for all change. Revision information shall be kept current and complete.
  
  North point
  
  Scale statement. The scale shall be shown both by a statement of scale and a graphical scale. If insets have a different scale than the main plan, this must be clearly indicated.
  
  Identifying Information. Stamp and signature of Rregistered Pprofessional Engineer responsible for the plan. When property line locations are material to the Commission's deliberations, they must by attested to by a Registered Land Surveyor (consult the Commission). When wetlands lines are shown, the name of the person making the delineation shall be included on the plan.
  
  Notes and legend. Notes shall be included giving the source of all information on the plan, including the names of any professionals contributing data to the plan (e.g. wetlands botanist). The vertical datum and benchmarks used shall be clearly stated.
  
  Legend. A legend shall show the meaning of all line types and symbols used on the plan.
  
  Locus map. The main plan shall contain a small inset locus map (this is in addition to any locus map that may be attached to the application).
  
  Wetlands flag locations. Each wetlands flag shall be individually identified on the plan with a unique identifying number or other designation from a consistent numbering system applied over the whole project. The wetlands flag itself shall be marked in the field with a number matching the number on the map and the initials of the botanist. Wetlands flags shall be distinguishable by color or markings from all other flags used at the site.
  
  Location of existing and proposed structures. Locations of all existing and proposed dwellings, other buildings, roadways, driveways, parking areas underground utilities, pipes, and sewage disposal facilities and other structures. Proposed paving material must be specified for driveways, roadways and parking areas. Approximate or provisional locations are not acceptable -- a "footprint" on the plan is considered to be a commitment that no part of the final structure will be outside the line shown.
  
  Surface water. Locations of all water bodies and permanent and intermittent water coursessurface water shall be shown.
  
  Stockpiling areas. Any areas to be used for stockpiling of fill or excavated materials within the buffer zone, or a statement that all stockpiling will be outside the buffer zone will be included on the plan.
  
  Areas Subject to Flooding. Because jurisdiction under the Hamilton Conservation By-law in connection with areas subject to flooding exceeds the jurisdiction under the Act, estimated maximum extent of flooding in the 100 year statistical storm for both bordering and isolated areas subject to flooding shall be shown on the plan. Until such time as detailed FEMA flood profile information become available for the town of Hamilton, rough estimates of maximum extent of flooding based on maximum observed extent of flooding or informed judgment, rather than calculation, may be accepted by the Commission, but at its discretion the Commission may require the preparation of flood estimates by the methods specified in the Wetlands Protection Act Regulations. Isolated areas subject to flooding which may serve as vernal pools must be specifically indicated.
  
  Subsurface sewage disposal systems. Location, elevation, and type of all subsurface sewage disposal systems within 100 feet of the limit of work shall be shown.
  
  Wells. All existing or proposed wells within 100 feet of the site shall be shown, and details of any actual or potential public water supply in the watershed shall be given.
  
  Point Source Discharges. All point source discharges into the buffer zone shall be shown, with information on their sources, water quality characteristics, and estimated maximum flows. An artificial surface channel or swale entering the buffer zone shall be considered a point source for this purpose.
  
  Drainage structures. Locations, dimensions, elevations of inverts and slopes of all proposed, and all relevant existing, drainage and flood control structures, ditches, swales, pipes and culverts
  
  Easements. All existing and proposed rights of way, trails, easements, and restrictions shall be shown.
  
  Grading Tolerances. The plan shall specify that the final grades will be within USDA Natural Resources Conservation Services grading specifications:within two-tenths of a foot of the elevations shown on the plan. Where the final as-built survey shows this specification has been deviated from, the Commission shall require the applicant to regrade.
  
  Vegetation Types and Trees. Plans shall characterize the existing vegetative cover, including showing an indication of the tree line where there are wooded areas on the site. All trees exceeding 6 inches diameter at a height of 4.5 feet above the groundbreast height within the buffer zonethe area of work, and in the buffer zone between the work and the resource area shall be individually shown on the plan shown individually on the plan, including stem location and the line of maximum extent of crown coverage ("drip line"). Trees to be removed must be clearly marked on the plan, and flagged in the field. No trees other than those so marked may be removed without prior written consent of the Commission. Persons removing or damaging other trees will be subject to fine under the By-law.
  
  No changes in plans without written authorization. No change may be made in a structure, location or elevation on a submitted plan without prior written approval of the Commission. The Commission may require a new filing and public review if the proposed change is found likely to represent a changcre in the wetlands impact of the project.
  
  Failure to adhere to the plan puts the applicant and any other persons responsible at risk of fmines of up to $300 under the Bylaw as well asand additional penalties under the Act and the By-law.
3. General

The applicant, upon submission of a Notice of Intent, shall comply with the requirements of Sections 4 and 5 of the Bylaw, and provide the following:

All drawings shall be drawn with the title designating the name of the project, location and the names of the persons(s) preparing the drawings, and the date prepared, including the latest revision date. Drawings shall be stamped and signed by a duly Qualified Registered Professional Engineer or Registered Land Surveyor of the Commonwealth of Massachusetts. For certain projects, including but not limited to additions to existing structures, the Commission may accept plans not drawn by a Surveyor or civil engineer when these plans utilize a stamped plan as a basemap. In this case, the basemap shall also be submitted or referenced.
Plans depicting proposed drainage systems must be stamped by a Registered Professional Civil Engineer or hydrologist.
An 8 1/2 x 11 inch photo copy of the USGS topographic quadrangle, showing the location of the proposed activity and the outline of the area in which the activity is located.
Detailed, professional narrative reports should accompany the Notice of Intent.
Source material for any plan submitted will be referenced on the new plan.

1. Site Plans
2. In order to demonstratefull compliance with this Hamilton Bylaw and these Regulations, the applicant has the burden of proof to completely describe the site, the work, and its effect on wetlands and the interests they protect. The applicant is obligated to demonstrate that the work subject to regulation under this Bylaw and Regulations can be performed in a manner that meets all applicable performance standards and results in an impact on the wetland resource areas.
  Applicants are urged to retain the services of qualified, experienced, professional consultants when filing a Notice of Intent, Submission of incomplete or inadequate information or a failure to meet the burden of proof may result in extensive delays and continuations in the review and approval procedure. Failure to supply adequate and credible documentation describing the impact of the project on resource areas may result in the issuance of a decision prohibiting the work.
3. Existing Conditions Site Plans

The following standards and design specifications are intended to provide the Commission with the minimum amount of data needed to determine the impact of the project on wetland resource area and its functions and values. The Hamilton Conservation. Commission may from time to time adopt and publish additional guidelines and minimum technical standards for plans, calculations, and environmental impact report submitted with an application for a permit. The Commission may find it necessary to request additional site-specific information to adequately determine the effect of the work on resource areas.

Property boundaries and abutters from the most recent information on record at the Assessor's office.
Watershed Protection District boundaries, if applicable.
Existing contours at two foot intervals and the source for any datum used to establish these contours.
All existing natural and man-made features including tree lines, rock outcrops, stone walls, fence lines, cart roads, foot paths, overhead and underground utilities, and drainage structures.
The location of all surface water supplies, wells, and septic systems on the property, and on abutting properties, within 100' of proposed work.
Elevations of all natural and man-made drainage structures, waterways, and wetlands (as defined by the Act and Bylaw).
100 year flood elevations of all natural and man-made waterways and water bodies as determined from the FEMA Flood Insurance Rate Maps and Flood Boundary and Floodway Maps. Where the floodplain of wetlands and water bodies have not been mapped by FEMA, hydrologic and calculations may be required, prepared by a registered professional engineer to determine the boundary of the mean annual, 10, and 100-year floodplain, Watershed modeling, hydrograph routing, and backwater analysis shall be performed using the nationally recognized modeling techniques developed by the USDA, Soil Conservation Service. The SCS Type III, 24-hour storm shall be used in the drainage calculations. Calculations based on a Rational Method analysis shall not be accepted.
Hydrologic calculations showing the full-flow capacity and velocity of all water courses, open and only sometimes closed channels, and storm drains flowing into, on and out of the property,
Site plan shall be submitted at a scale of not more than 1" = 40'. Additional plans with greater or lesser detail may also be required if such plans would provide valuable information to the Commission in its review.
The Commission may require the submittal of a plan showing the final wetland delineation at the same scale as the Town wetland maps.

1. Developed Conditions Site Plans

All proposed man-made features including roads, driveways, parking areas, structures, building, overhead and underground utilities.'
Subsurface sewage disposal systems.
Proposed grading and changes in elevation shown with two foot contours and spot. grades.
All surface and subsurface drainage structures including the location, cross-section, slope, and surface treatment of all drainage channels and the inverts, slope, pipe materials, catch basins, manholes, and end treatment of all storm drains discharging within 100 feet of any wetlands
The location and detail of all temporary erosion control devices, diversions, terraces, silt fences, hay bale barriers, and sedimentation basins.
The location and nature of all proposed alterations to wetland resource areas and the buffer zone.

PERFORMANCE STANDARDS AND SUPPLEMENTAL DOCUMENTATION
1. Flood Control
2. Engineering calculations shall be submitted to fully support the design of compensating flood storage areas for alterations that affect bordering land subject to flooding and isolated land subject to flooding. The calculations shall detail the existing incremental flood storage volumes and the proposed incremental flood storage volumes up to 100-year flood elevation. There shall be no net loss of flood storage volume at any elevation. There shall be no net increase in the rate of runoff as a result of any project.
3. Wildlife Habitat

Applicants shall include a description of valuable and/or unique wildlife habitat characteristics observed on the subject property. This includes wildlife habitat in wetlands and the upland portion of the buffer zone. Valuable upland habitat shall, to the fullest extent possible, not be used to locate wetland replacement areas.
Where alterations exceed the maximum allowable thresholds described in the State regulations 310 CMR 10.00 for bank, land under a water body, or bordering land subject to flooding, or where the alteration of a habitat of rare species is involved, or where a vernal pool would be altered, a habitat study shall be performed by a qualified wildlife biologist. The habitat study and the design of a compensating wetland/wildlife habitat shall be performed in accordance with the DEQE Wetlands Program Policy 88-1 and Wetlands Wildlife Advisory #2 dated March 4, 1988, including any subsequent amendments to these DEP policy guidelines. Projects resulting in the loss of critical habitat, or causing negative impacts on critical habitat, of rare, threatened, endangered species or species of special concern shall not be permitted.

1. Stormwater Management

Where new point source discharges are proposed within 100 feet of a wetland resource area, either open channels or closed subsurface systems, a comprehensive stormwater management system shall be designed that will not degrade value and function of the receiving or downstream water courses, wetlands, surface and ground water supplies, Such stormwater management systems shall employ Best Management Practices. Existing wetlands shall not be used for the storage or treatment of stormwater.
The design of the proposed stormwater management system shall be based on a comparative analysis of both the quantity and quality of existing and developed hydrologic conditions. The baseline hydrologic conditions of the resource areas shall be used to determine the design criteria for the proposed stormwater management system. The analysis shall include calculation of peak flow rates, time of peak flow, volume of runoff, and quality of runoff.
The hydrologic analysis shall be based on a reasonable estimate of developed conditions within the entire watershed tributary to the nhew point source discharge. Calculations and watershed modeling shall be performed using a hydrograph analysis based on the techniques developed by the US Natural ResourcesDA, Soil Conservation Service. Calculations shall be made that show the impact of the proposed alterations for the mean annual, 10, and 100-year storms using the USDA Natural Resources Conservation Service Type III, 24-hour rainfall. Calculations based on the Rational Method will not be accepted.
Mmitigation of impacts for alterations of the quantity and quality of runoff water shall be required to meet appropriate performance standards for new point-source discharges. Applicants are encouraged to use the most feasible and best available stormwater runoff control strategies to reduce project impacts. Detention basins, infiltration basins, leaching catch basins, drainage dry wells, upland discharge of storm flows, and the use of other innovative and creative runoff control strategies are recommended.
Detention or retention basins shall be designed to meet the following standards:
1. The applicant shall be responsible for securing by way of a covenant, easement, deed restriction, or other legal instrument a perpetual mechanism or fund for the maintenance or repair of the basin by the heirs and assigns of the property on which the basin is located.
2. The detention basin outlet works shall, to the fullest extent possible, be designed to be maintenance free, self-cleaning, and to deter acts of vandalism.
3. The detention basin inlet and outlet works shall be designed to avoid scour and erosion of the basin bottom and discharge channel.
4. Storage capacities shall be based on the volume of active storage above the maximum seasonal ground water level. Test pits will normally be required to determine the maximum groundwater level, determining coverage.
5. If the conditions of (d) above are not met within 2 growing seasons the applicant must take corrective steps at the approval of the Commission. These may include regrading, planting additional vegetation, seeding or other steps as necessary.
6. No wetland replacement area will be certified-to be in compliance unless it has survived for at least two calendar years.
7. A combination of natural re-seeding, transplanting and new plantings should be used to re-establish a similar vegetational community and structural diversity.
8. Replaced wetlands shall be monitored on an ongoing basis and written reports shall be submitted to the Conservation Commission at least twice each year.
9. As-bBuilt plans of the replication area will be prepared by a Registered Engineer or Land Surveyor and submitted to the Commission within 30 days after finish grading.
The Commission may permit the construction and maintenance of a new roadway or driveway of minimum legal and practical width acceptable to Planning Board Dimensional standards, where no alternative means of access from an existing public or private way to an upland area of the same owner is available. Replication of altered wetlands resources may be required by the Commission to minimize adverse impacts and to protect the interests identified in the Bylaw.
Wetlands alterations intended to make lands buildable, as by fulfilling septic system setback requirements, flood elevation requirements, or other minimum construction setback requirements, or to achieve minimum lot area requirements, are prohibited. Wetland alterations required to access Upland parcels will be not be allowed if that landowner landlocked the parcel by selling upland access. The Commission may require the filing of a request for a waiver of certain Planning Board requirements in order to minimize wetland impacts.

PUBLIC HEARINGS
Public hearings on applications filed pursuant to the Bylaw and Regulations may be conducted simultaneously with public hearings held pursuant to MGL Chapter 131, Section 40, as amended. If the Public Hearing is continued beyond one month, it must be readvertised at the Applicant's expense.
PERMITS AND DECISIONS
1. DECISIONS

As part of a permit issued pursuant to this Bylaw, the Conservation Commission shall impose such conditions as are necessary to protect the values of wetlands and buffer zones under its jurisdiction. If the Commission deems that the interests stated in the Bylaw are not adequately protected under the terms of the applicant's proposal, the Commission may refuse to issue a permit. When the Commission votes to deny a permit, it shall issue a written decision.

Permits approved pursuant to this Bylaw may be:

Combined and released within an Order of Conditions which may be issued pursuant to MGL Chapter 131, Section 40, as amended; or
Issued separately.

1. EXTENSIONS
2. The Commission may issue an Extension Permit for a period of one year provided that a written request for an extension is filed at least thirty (30) days prior to the expiration date of the permit. Not more than 2 Extension Permits may be granted for a particular Order of Conditions.
3. REVOCATIONS, MODIFICATIONS, AMENDMENTS

The Commission may revoke, modify or amend a permit issued under Bylaw and Regulations if any of the following circumstances occur:
1. The applicant and/or his successors fail(s) to comply with the terms of the permit;
2. New information relating to the project is obtained which indicates that previous information presented to Commission was inaccurate.
The applicant may request, and/or the Commission may grant, a modification to an existing Order if the proposed change is considered minor or insignificant by the Commission. If the commission issues a decision that requires a plan revision, a copy of that revision shall be sent to the commission and accepted as a modification.
The applicant may request, and/or the Commission may grant, an amendment to an existing Order if that change can adequately be addressed by amending the existing Order. An amendment requires a reopening of the public hearing.

1. CERTIFICATE OF COMPLIANCE

Upon completion of the project, the applicant shall request in writing from the Commission a Certificate of Compliance. As-Built plans may also be required as noted in the Order of Cconditions issued on the project.

The applicant or his representative must attend the scheduled meeting to answer any questions the Commission may have. Failure to appear shall result in a denial of the request. If the Commission determines that the requirements of the Order have not been met, the request for a Certificate of Compliance will be denied. The reasons for the denial shall be forwarded to the applicant within 21 days of the receipt of the request.

The Commission may specify on the Certificate that certain condition of the permit, such as maintenance of waterways and catch basins, and erosion control measures, are imposed perpetually and do not expire with the issuance of the Certificate. The person to whom the Certificate is issued shall forthwith record it in the Registry of Deeds or Land Court in the chain of title of the affected property and shall notify the Commission in writing that said recording occurred by sending a copy of the stamped recorded instrument to the Commission.

PRE-CONSTRUCTION REQUIREMENTS
Prior to commencement of site alteration, the applicant shall provide to the Commission receipted proof that the permit has been recorded in the chain of title of the subject property at the Registry of Deeds or Land Court.
Prior to commencement of site alteration, the required bond must be posted.

Prior to commencement of site alteration, the applicant shall display at the entrance of the site a sign identifying the permit for the work. If the DEP number is posted as required by an Order of Conditions, it will be sufficient. Otherwise the local permit number must be shown on a sign at least 2' x 2' and no larger than 3' x 3', giving the Conservation Bylaw file number assigned to the project as follows:

"HAMILTON CONSERVATION BYLAW FILE NO. __"

The sign shall be displayed at all times and shall not be removed until a final Certificate of Compliance has been issued by the Commission. The DEP File number, if issued, shall be sufficient.
PERFORMANCE GUARANTEE
1. Bonds or Surety
2. The Commission may require the applicant to file a performance bond or a deposit of money in an amount determined by the Commission to be sufficient to cover the cost of all or any part of the site alterations specified in the Permit and/or shown on the plans approved by the Commission. Bond amounts will be set so that funds will be adequate to comply with the Order of Conditions, repair damage to wetlands and to permanently stabilize the work site and all soils. Bonds shall be determined on a site-by-site basis using these general guidelines:
  Project Range of Bond
  
  Single Family Home $3,000 to $10,000
  
  Commercial/Industrial Facility $5,000 to $15,000
  
  Subdivision $10,000 or more
3. Covenant
4. The Commission may require the applicant to secure the performance and observance of conditions imposed on the project, by a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of the Town whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed.
5. Reduction of Bond or Surety
6. The penal sum of any required bond, or the amount of any deposit held hereunder may, from time to time, be reduced by the Commission and the obligations of their parties thereto released by the Commission in whole or in part.
7. Release of Performance Guarantee
Upon completion of site alterations required in the permit, security for the performance of which was given by bond, deposit or covenant, or upon the complete performance of the covenants with respect to the site, the applicant may request and agree on terms of release with the Commission.

If the Commission determines that said alterations have been completed in compliance with the conditions of the permits, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished same, or release the covenant, if appropriate. If the Commission determines that said alterations have not been completed in compliance with the permit, it shall, within 45 days, specify to the applicant, in writing, the details wherein said alterations fail to comply with the permit.
AVAILABILITY OF REGULATIONS
Copies of these Regulations and the Bylaw shall be made available for purchase from the Hamilton Conservation Commission, Box 429, Hamilton, MA 01982, for the price of $10.00 in the form of a check payable to'the Town of Hamilton.
AMENDMENTS
These Regulations may be amended from time to time by a majority vote of the Conservation Commission. Prior to taking a vote on amendment, the Conservation Commission shall have held a public hearing on the proposed change(s).
POLICIES
These Regulations may be supported by policy statements issued by the Commission. These Policies will be made available to any individual upon request. Persons seeking permits under the Bylaw and Regulations should review the Policy Statements available in the Conservation Office.
EFFECTIVE DATE
An advertised public hearing was held on these Regulations on April 5, 1995 and continued to April 12, 1995_______. The Commission voted to adopt these regulations on April 12, 1995, _________ effective immediately. All other amendments shall be effective upon their adoption by the Commission following a public hearing and filing with the Town Clerk.
SEVERABILITY
If any provision of these Regulations or the application thereof is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or the application of any part of these Regulations not specifically held invalid, nor shall it invalidate any Order, Permit, or Determination which previously had been issued, and to this end the provisions of these Regulations are declared to be severable.
ENFORCEMENT

The Commission may enforce these Regulations, or an Order, Permit, or Determination issued thereunder, in any manner consistent with Section 10 of the Bylaw and all other laws.

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