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Amended copy as follows or swamp; bank, beach, dune or flat; river, pond, <br /> Amended Article 16 stream, estuary, or the ocean; and land under said <br /> Section 4.1.5 Sewage Disposal Review. Prior to the is- waters; or any land subject to flooding or inunda- <br /> suance of a disposal works construction permit by the tion by groundwater, surface water, tidal action, <br /> Board of Health for the installation of a sewage disposal or coastal flowage. <br /> system, and independent registered civil or sanitary <br /> engineer may be retained by the Board of Health to con- Section 4.3.3 Exceptions <br /> duct a review of the planned sewage disposal system and The permit and application required by this bylaw <br /> related hydrologic data regarding the impact of the pro- shall not be required for maintaining, repairing, or <br /> posed discharge on ground and surface waters. To off- replacing,but not substantially changing or enlarg- <br /> set the cost of this review to the Town,the applicant will ing, and existing and lawfully located structure or <br /> be assessed a fee to be paid to the Board of Health at facility used in the service of the public to provide <br /> the time of the application in accordance with the follow- electric, gas, water, telephone, telegraph or other <br /> ing schedule: 15° per gallon per day for the first 20,000 communication services, provided that written <br /> gallons of flow; 10"per gallon per day for the next 20,000 notice has been given to the Commission prior to <br /> gallons of flow; and 5` per gallon per day for all in ex- commencement of work, and provided that the <br /> cess of 40,000 gallons. The fee will be based upon the work conforms to performance standards in regula- <br /> cumulative flow total for the entire project with the total tions adopted by the Commission. <br /> of the proposed systems considered in their entirety and <br /> will not be based upon any project phasing by the The permit and application required by this bylaw shall <br /> applicant. not be required for work performed for normal <br /> maintenance or improvement of land in agricultural use <br /> or in aquacultural use, provided that written notice has <br /> ARTICLE 17. To see if the Town will vote to authorize been given to the Commission prior to the application <br /> the Town to reserve for future appropriation at special of any agricultural chemical, and provided that the work <br /> or annual town meetings all receipts from Sewage conforms to the performance standards in regulations <br /> Disposal System Review Fees assessed by the Board of adopted by the Commission. <br /> Health pursuant to Section 4.1.16 of the Town By-Laws, <br /> retroactive to December 21, 1987 The permit and application required by this bylaw shall <br /> Motion to amend to read Section 4.1.5 of the Town not apply to emergency projects necessary for the pro- <br /> By-Laws tection of the health of safety of the public,provided that <br /> Motion carries — 8:05 PM the work is to be performed by or has been ordered to <br /> be performed by an agency of the Commonwealth or a <br /> ARTICLE 18. To see if the Town will vote to delete Ar- <br /> political subdivision thereof, provided: <br /> ticle 4.3 Rules and Regulations Regarding Wetlands of a. That advance notice, oral or written, has been <br /> the Town By-laws and insert a new Article 4.3 entitled given to the Commission prior to the Commence- <br /> " Wetlands Protection" as follows: ment of work or within 24 hours after <br /> Article 4.3 Wetland's Protection commencement; <br /> Section 4.3.1 Purpose b. That the Conservation Commission or its agent <br /> The purpose of this bylaw is to protect the wetlands, certifies the work as an emergency project; <br /> related water resources, and adjoining land areas c.That the work is performed only for the time and <br /> in this municipality by prior review and control of place certified by the Conservation Commission for <br /> j activities deemed by the Conservation Commission the limited purposes necessary to abate the emergen- <br /> likely to have significant or cumulative effect upon cy; and <br /> wetland values, including but not limited to the <br /> following: public or private water supply, ground- d. That a permit application shall be filed with the <br /> Commission for review as provided in this bylaw. <br /> water, flood control, erosion and sedimentation <br /> control, storm damage prevention,water pollution, Upon failure to meet these and other requirements of <br /> I fisheries, shellfish, wildlife habitat, recreation the Commission, the Commission may order all such <br /> agriculture, and aquacultural values (collectively, work stopped and after notice and a public hearing, <br /> "the wetland values protected by this bylaw"). revoke or modify an emergency project approval and <br /> order restoration and mitigation measures. <br /> Section 4.3.2 Jurisdiction Other than as stated in this Section the exceptions pro- <br /> Except as permitted by the Conservation Commis- vided in the Wetlands Projection Act, Massachusetts <br /> sion or as provided in this bylaw, no person shall General Laws, Chapter 131, Section 40, shall not <br /> remove fill, dredge,build upon,or alter land within apply. <br /> 100 feet of the following resource area: freshwater <br /> wetland, coastal wetland, march,wet meadow, bog, <br /> a <br /> - 34 - <br />