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Z#t E111Pmise, Falmouth,Mass.,Friday,April 18,1986 Page Fifteen
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<br /> t Section 4.3.9 Defintions Section 4.3.11 Enforcement
<br /> The following definitions shall apply in The Commission, its agents, officers, and
<br /> the interpretation and implementation of - - employees shall have the authority to enter
<br /> this bylaw. upon privately owned land for the purpose
<br /> of performing their duties under this bylaw
<br /> and may make or cause to be made such exam-
<br /> inations, surveys or .sampling as. the
<br /> Commission deems necessary.
<br /> The term "person" shall include any _
<br /> individual , group of individuals, - The Commission shall have the authority to,
<br /> association, partnership, corpora- enforce this bylaw, its regulations, and
<br /> tion, company, business organization, permits issued' thereunder -by violation
<br /> trust, estate, the. Commonwealth or notices, administrative orders, and civil
<br /> political subdivision thereof to the and criminal court actions.
<br /> extent subject to town bylaws, ad-
<br /> ministrative agency, public or quasi- Upon request of the Commission, the Town-
<br /> .. public corporation or body, this mu- Counsel/Board of Selectmen shall take legal
<br /> nicipality, and any other legal entity, - action for the enforcement under civil law.
<br /> FF - its legal representatives, agents or Upon request of the Commission, the Chief
<br />{.� assigns. - of Police shall take legal action for the
<br />!tlp enforcement under criminal law.
<br /> The term "alter" shall include, with-
<br /> out limitation, the following activi- Municipal boards and officers, including any
<br /> ti-es when undertaken to, upon, within police officers or other officer having
<br /> or affecting resource areas protected police powers, shall have authority to .
<br /> by this bylaw: assist the Commission in. enforcement.
<br /> - Any person who violates any provision of
<br /> this bylaw, regulations thereunder, or
<br /> (a) Removal , excavation or dredging permits issued thereunder, shall be pun-
<br /> ished by a fine of not more than $300.00.
<br /> of soil , sand, gravel , or aggre- Each day or portion thereof during which a -
<br /> gate materials of any Kind; violation continues shall constitute a
<br /> • (b) Changing of preexisting drainage separate offense, and each provision of
<br /> characteristics, flushing charge- the bylaw, regulations, or permit violated
<br />-� - shall constitute a separate offense.
<br /> teristics-, salinity distribution,
<br />` sedimentation patterns, `flow
<br />�r patterns, or flood retention
<br /> characterists; Section 4.3.12 Burden of Proof
<br /> (c) Drainage or other disturbance The applicant for a. permit shall have the _
<br /> of water level or water table; , - burden of proving by a preponderance of
<br /> credible evidence that the work proposed
<br /> (d) Dumping, discharging or filling _ in the application will not have unaccept-
<br /> with any other material which may able significant or cumulative effect upon
<br /> degrade water quality; the wetland values protected by- this bylaw.
<br /> Failure to provide evidence to the Commis-
<br /> (e) Placing of fill , or removal of - sion supporting this burden shall be
<br /> material , which would 'alter ele- \ sufficient cause for the Commission to deny
<br /> vation; - a permit or grant a permit with conditions.
<br /> (f) Driving of piles, erection or -
<br /> repair ofbuildings, or struc-
<br /> tures of any Kind; Section 4.3. 13 Relation to the .Wetlands Protection Act
<br /> (g) - Placing of. obstructions or objects This bylaw is adopted under the Home Rule
<br /> in water;. Amendment of the Massachusetts Constitution
<br /> and the Home Rule Statutes, independent of
<br /> Ch) Destruction of plant life includ-
<br /> ing cutting of trees; the Wetlands Protection Act,. G.L. c.131
<br /> - - Section 40, and regulations thereunder.
<br /> ( i ) Changing water temperature, bio-
<br /> .chemical characteristics of water;
<br /> Section 4.3. 14 Severability
<br /> (j) Any activities, changes or work
<br /> -which may cause or tend to con tr i- The invalidity of any section or provision
<br /> bute to pollution of any body of of this bylaw.`shall not invalidate any
<br /> water or groundwater; other sectionior provision thereof.
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<br /> (k) Application of pesticides or her- Submitted by'the Conservation Commission
<br /> bicides;
<br /> except as otherwise. provided in regulations
<br /> promulgated by the Commission, all other -
<br /> definitions shall be as set forth in G.L.
<br /> Section 4.3.10 Security -
<br /> As part of a-permit issued under this bylaw, ARTICLE 90: To see if the Town will vote to amend the Town
<br /> in addition to any security required by any BY-Law by adding the fallowing section, or take any other
<br /> other municipal or state board, agency or action thereon.
<br /> official ,. the Commission may require that
<br /> the performance and observance of, the con-
<br /> ditions imposed hereunder be secured wholly Section 4.10,7 Blockage of Public Ways
<br /> or in part by one or more ofthemethods
<br /> described below: a. The term "way" as used in this- section means any way
<br /> (a) By a proper bond or deposit of money which has become, by town action, by its status as a
<br /> ornegotiablesecurities or ether - legal "ancient way" or by prescriptive use apublic
<br /> undertaking of financial responsibility way (not including any way under the control of the -
<br /> sufficient in the opinion of the Com- Commonwealth of Massachusetts or the United States
<br /> mission to secure compliance with the of America) . Unless proof to the contrary can be
<br /> orders of condition. The bond or given to the Board of Selectmen, ways shown as public
<br /> deposit shall be released upon issuance wayson a map entitled "Public and Historic Ways in
<br /> of, a certificate of compliance unless the Town of Mashpee, January, 1986" , shall be pre-
<br /> the project is of a continuing nature. sumed to be public ways for the purposes of this
<br /> section. Where the determination of the status of
<br /> (b) By a conservation restriction, easement a way as a public way underthis section is required,
<br /> or other covenant enforceable in a such determination shall be made by the Board of
<br /> court of law, executed and duly record- Selectmen at a properly advertised public hearing
<br /> ed -by the owner of record, running with and the Board's determination shall be recorded in
<br /> theland to the benefit of this_ munici- written form and. transmitted to the Town Clerk.
<br /> paIity whereby the permit conditions
<br /> shall be performed and observed before b. No building, road, structure, fence , pole, trash, fill .
<br /> any lot may be conveyed other than by curb or other similar object may be located on, or in
<br /> mortgage deed. such a manner as to interfere with public access to, '
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