2014 ATM & STM AG BYLAW Approval

Browse Search

'iR1,11E COPY A'T TST TOWN CLERK'S CERTIFICATE LA&M& TOWN C RK I,Donna M.Hooper,Clerk of the Town of Lexington,Massachusetts,hereby certify that at the adjourned sesshMGeTION,MA 20 t4 Annual Town Meeting held on April 9,2014,the following motion was adopted under ARTICLE 26. ARTICLE 26: AMEND GENERAL BYLAWS—\4'ETLAND PROTECTION MOTION: That the General Bylaws of the Town,Chapter 130 of the Code of the Town of Lexington, Wetland Protection,be amended as set forth in the motion attached to the report of the Conservation Commission on this article,a copy of which is on file with the Town Clerk and the Conservation Commission,and further that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. MOTION from Conservation Commission-ARTICLE 26 That the Wetland Protection Bylaw,Chapter 130 of the Code of the Town of Lexington,be amended by deleting in their entirety Sections 130-2, 130-3, 130-7, 130-8,and 130-11 and replacing them with new Sections 130-2, 130-3, 130-7, 130-8 and 130.11,so that the amended Bylaw will now read as follows, except that the underlined portions and the interlineations in the text below are shown to indicate additions and deletions,respectively,to the current Bylaw text for illustrative purposes only and will not appear as underlining or interlineations in the Bylaw, as amended by this motion,and further that the Town Clerk be authorized to make non-substantive changes to the numbering of this Bylaw in order to make numbering conform to the numbering format of the Code of the Town of Lexington. Chapter 130,Wetland Protection § 130-1.Purpose. [Added 3-26-1997 ATM by Art.251 The purpose of this by-law is to preserve and protect the wetland resource areas and buffer zones of the Town of Lexington by regulation of,and control of,activities deemed by the Conservation Commission to have significant or cumulatively detrimental effect upon the following interests and values,including but not limited to: public or private water supply; groundwater supply;the prevention and control of flooding,erosion or sedimentation,storm damage,other water damage and/or pollution;the protection of surrounding land and other homes or buildings,aquatic life or wildlife,streams,ponds or other bodies of water,and recreation. § 130-2 Notice of Intent;Request for Determination of Minor Activity; Request for Determination of Applicability;Permit Required. (Amended 3-25-1985 ATM by Art.9; 3-26-1997 ATM by Art. 25;3-24-1999 ATM by Art. 15] A. No person shall remove, fill,dredge,build upon or alter any bank, freshwater wetland,marsh,bog,wet meadow,swamp,creek, river,stream, pond,lake,vernal pool habitat, land under water bodies, land subject to flooding,or any land bordering thereon as hereinafter defined,or riverfront area 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,telephone,telegraph or other telecommunication services without first filing written notice of intent to so remove,fill, dredge, alter or build upon,including such plans as may be necessary to fully describe such proposed activity and its effect on the environment,and without receiving and complying with a permit issued by the Conservation Commission. B. If the proposed activity is in"land bordering thereon"but outside any other areaspecified in this section and consists only of minor activities as hereinafter defined the applicant may file a re uest for determination of a licabili and of minor activi r in lieu of the required notice of intent. In such a case the Conservation Commission will determine 1)whether this byla%v is applicable to the proposed activity,2 if so whether the activity constitutes"minor activities"under this b slaw• or 3 whether a notice of intent is required under this bylaw, If the bylaw is.inapRlicable to the proposed activi no further action is re wired. If the bylaw is applicable to the proposed activity,but constitutes minor activities,the Conservation Commission will consider whether the proposed activity,with or without conditions will have significant adverse impact on any of the interests and values set forth in Section 130-1 of this by-law. If the Conservation Commission determines that it will not have such impact,the Conservation Commission will issue a determination of minor activity and order of conditions imposing such conditions as are reasonably necessaKy for the protection of those interests and values as described in Section 130-3(A)of this by-law. If the Conservation Commission determines that the proposed activity will have significant adverse impact on any interests and values set forth in Section 130-1 of this by-law,the Conservation Commission will require a Notice of Intent to be filed. C. To establish the extent of bordering vegetated wetland and other areas specified in this by-law, an applicant may an abbreviated notice of resource area delineation for the confirmation of a delineated boundary of those areas on the site prior to filing a request for determination of applicability and of minor activi a request for determination of applicability or a notice of intent for pronosed work. Alternatively,such boundary may be determined through the filing of a notice of intent,as set forth above.. DB-. Any request for determination of applicability and of minor activi request for determination of applicability or notice of intent for ro osp r_edwork Said notice shall be sent by certified mail to the Conservation Commission or filed at the Conservation Office in accordance with the general filing procedures.Each such notice or request shall be accompanied by a filing fee to be determined in accordance with a fee schedule adopted by the Conservation Commission payable to the Town of Lexington. Such notice or request may be sent before any or all permits,variances and approvals required by the Zoning By-Law or by the Subdivision Control Law and the regulations of the Planning Board thereunder have been obtained.