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Unless a Certificate of Compliane is issued, a permit a. Removal, excavation or dredging of soil, sand,
<br /> shall expire three years fro the date of issuance. Not- gravel, or aggregate materials of any kind;
<br /> withstanding the above, the Commission in its discretion b. Changing of pre-existing drainage characteristics,
<br /> may issue a permit expiring five years from the date of flushing characteristics, salinity distribution, sedimen-
<br /> issuance for recurring or continuous maintenance work, tation patterns, flow patterns, or flood retention
<br /> provided that annual notification of time and location characteristics.
<br /> of work is given to the commission. Any permit may be c. Change of drainage or other disturbance of water
<br /> renewed once for an additional one year period, or in the level or water table;
<br /> Commission's discretion a longer period of time,provided
<br /> that a request for renewal is received in writing by the d. Dumping, discharging or filling with any material
<br /> Commission prior to expiration. which may degrade water quality;
<br /> For good cause the Commission may revoke or
<br /> e. Driving of piles, erection or exterior repair of
<br /> modify a permit issued under this bylaw after public buildings, or structures of any kind;
<br /> notice and public hearing and notice to the holder of f. Placing of fill;
<br /> the permit. The time requirements specified in Section g. Placing of obstructions or objects in water;
<br /> 4.3.5. shall be applicable. h. Destruction of plant life,including cutting of trees;
<br /> The Commission in an appropriate case may com- i. Changing water temperature, biochemical oxygen
<br /> bine the permit or other action on an application demand, or other physical or chemical characteristics
<br /> isssued under this bylaw with the order of conditions of water;
<br /> issued under the Wetlands Protection Act. j. Any activities, changes or work which may cause
<br /> No work proposed in any application shall be or tend to contribute to pollution of any body of water
<br /> undertaken until the permit issued by the Commission or groundwater; and
<br /> with respect to such work has been recorded in the k. Application of pesticides or herbicides.
<br /> Registry of Deeds, or, if the land affected thereby be
<br /> registered land,in the registry district of the land court Except as otherwise provided in regulations pro-
<br /> for the district wherein the land lies and until the holder mulgated by the Commission, all other definitions shall
<br /> of the permit certifies in writing to the Commission be as set forth in General Laws, Chapter 131, Section 40,
<br /> that the permit has been so recorded. and in Wetlands Protection Act Regulations Promulgated
<br /> by D.E.Q.E. quality engineering pursuant to Chapter
<br /> Section 4.3.8. Regulations 131, Section 40.
<br /> After a public notice and public hearing the Com- Section 4.3.10 Security
<br /> mission shall promulgate rules and regulations to ef-
<br /> fectuate the purposes of this bylaw and may from time As part of a permit issued under this bylaw, in addi-
<br /> to time amend them. Failure by the Commission to tion to any security required by any other municipal or
<br /> promulgate such rules and regulations or a legal state board, agency or official, the Commission may re-
<br /> declaration of their invalidity by a court of law shall quire that the performance and observance of the condi-
<br /> not act to suspend or invalidate the effect of this tions imposed hereunder by secured wholly or in part by
<br /> bylaw. one or more of the methods described below;
<br /> a.By a proper bond with sureties satisfactory to
<br /> Section 4.3.9. Definitions the Commission payable to the Town or deposit
<br /> The following definitions shall apply in the inter- of money or negotiable securities to be held by
<br /> pretation and implementation of this bylaw the Town Treasurer or other undertaking of
<br /> The term "Person" shall include any
<br /> individual financial responsibility sufficient in the opinion
<br /> group of individuals, association, partnership, cor- of the Commission to secure compliance with the
<br /> poration, company, business organization, trust, order of conditions. Such bond or deposit shall
<br /> estate, the Commonwealth of political subdivision be released upon issuance of a certificate of com-
<br /> thereof to the extent subject to Town bylaws, ad- pliance; or
<br /> ministrative agency, public or quasipublic corporation
<br /> b. By a conservation restriction, easement or
<br /> or body,this municipality,and any other legal entity, other covenant enforceable in a court of law,ex-
<br /> its legal representatives, agents and assigns. ecuted and duly recorded by the owner of record,
<br /> The term"Alter"shall include,without limitation, running with the land to the benefit of this
<br /> the following activities when undertaken to, upon, municipality whereby the permit conditions shall
<br /> within or affecting resource areas protected by this be performed and observed before any lot may
<br /> bylaw, as a defined Section 4.3.2: be conveyed other than by mortgage deed.A cer-
<br /> tificate of compliance may extinguish any such
<br /> restriction, easement or other convenant.
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