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it Ian.,iiriil r r
<br />ct.'lining' v.al!. lo
<br />raMi' (»r short* of
<br />Us*.* permii i'sUft!
<br />15 'Uhjf.t
<br />[ these ordirsano*"
<br />linanres of other
<br />H* accompanied by
<br />urxeyor or otitcr
<br />n of the projinsed
<br />[(• the amount of
<br />Hied, stored, filled,
<br />a.s the council may
<br />f* shall be filed with
<br />t accompanied by a
<br />are not intended to
<br />injt in the area of an
<br />g. nr the grailing of
<br />Such grading and
<br />i> building inspector
<br />g permit, provitling
<br />i> and pn»tcclion of
<br />tied. Any unusual
<br />be referred by the
<br />amission and village
<br />this ordinance.
<br />.ANDS
<br />iVetlands Conserva*
<br />lUbdivision purposes
<br />isions) of this code,
<br />be granted by the
<br />,\vo years fr<»m its
<br />me the council shall
<br />dies of the planiiirtg
<br />nances of other
<br />ence to the i>olicies
<br />ind the council shall
<br />* provisions of thi
<br />h its purposes.
<br />.suliii Mtirl e\iil»*tuv f»>r th»* Hoard of .*\ppeals tt» clearly
<br />tielitmine that the i.im! in c|uesti<m should not he suhject
<br />to the provisiiiiis of this Section.
<br />no.N 'VATKIISIIKD PltOTKC-
<br />The purpose of this district is: to preserve and protect
<br />(he .streams and other water rour.se.s in the town of
<br />Dai (mouth and their adjoining lands; to protect the health
<br />and safety of persons atul properly again.st the hazards of
<br />noodmg and contamination: to pre.serve and maintain the
<br />ground water table and water recharge areas for water
<br />supply purposes; to protect the community against the
<br />detrimental use and development of lands adjoining such
<br />water courses; to conserve th»* watershed areas of the
<br />town of Dartmouth for the health, .safety, and welfare of
<br />the public; to assure the continuation of the natural flow
<br />patt<*rn of the water courses providing safe and adequate
<br />floodwater storage and runoff capacity.
<br />DKFINITION OP DISTRICT
<br />The Inland Wethinds and Watershed Protection
<br />District is superimposed over any other district
<br />e.stuhlishod by this bylaw.
<br />AH lands in Dartmouth which ha.e been identified as
<br />being fresh marsh, deep marsh, shrub swamp, wooded
<br />swamps, cranberry bog. and ponds are included in the
<br />Inland \\etlands and Watershed Protection District and
<br />are indicated on the Natural Resource Map.
<br />All land area along the rivers and brooks for a horizontal
<br />distance of ,*>0 feet from the center line thereof are included
<br />in the Inland Wetlands and Waterehed Protection District
<br />ami are indicated on the Natural Resources Map. The
<br />names of the rivers and brooks included in the district are
<br />as follows: Shingle 1.stand River. Copicul River,
<br />Destruction Hrook. and Paskamansett River.
<br />PKRMn Ti:i) II.SK
<br />Municipal use, such as waterworks, pumping stations,
<br />es.senlial serv’ices, and parks, is permitted under this
<br />seciion. Land in the Inland Wetlands and Watershed
<br />Protection District may be used for any purpose otherwise
<br />permitted in the underlying district except that:
<br />No structure intended for human occupancy or use on a
<br />|M*rmanenl basis having water and sewerage facilities and
<br />no other building, wall, dam or structure (except
<br />flagfvilcs. signs and the like) intended for permanent u.se
<br />shall be erected, constructed, altered, enlarged or
<br />otherwise created or moved tor any purpose unle.ss a
<br />Special Permit from the Board is issued. However,
<br />without a Special Permit, a structure existing at the time
<br />this bylaw becomes effective may be reconstructed or re-
<br />pairi*d after a fire, hurricane, flood, or other casualty or
<br />natural disaster, and a dwelling or building accessory to a
<br />dwelling e.xisting at the time this bylaw becomes effective
<br />may he altered or enlarged provided no other provisions of
<br />these bylaws are violated.
<br />Dumping, filling, e.xcavuting, or transferring of any
<br />earth material within the District is prohibited unle.ss ‘a
<br />Special Permit from the Hoard is issueil. However, this
<br />paragraph do*?s not prohibit ordinary gardening activities
<br />in law n or garden areas w hich arc used for such purpo.ses
<br />128
<br />at the time tlii.s bylaw beco.’nes cfiecti\e.
<br />•No poiul.N or pools .shall be created or other chan::cs in
<br />wall*! four.se.s. for swimming, fi.shini;or other r<‘*:re.s:ior.al
<br />ns«*s. agricultural u.scs. scenic features, or drainage
<br />improvements or jiny other use.s unless a .Special
<br />from tlu* Hoard is issued.
<br />Perniil and Procedure
<br />Any tiersoids) desiring such a permit shall submit an
<br />applicati.m to the Hoard of Appeals which shall tompiv
<br />with the conditions ami submittal requirement a.s listed in
<br />the following subsections. (.Such conditions .shall include
<br />where applieahle. approval l,y the Conservatiorl
<br />Commission, the Massachusetts Department of Natural
<br />Resources, and the Massachusetts Department of Public
<br />\\orks under Chapter 131 of the General Laws. Acts
<br />Relating to the Protection of the Inland Wetlands of the
<br />Commoinu.alih.) The application procwhire shall be the
<br />-same ns for .special permits. Copies of the application for
<br />special permit to the Hoard with accompanying plans shall
<br />also he sent to the Building Inspector. Hoard of Health,
<br />the Conservation Comnii.s.sion, and the Planning Hoard for
<br />their recommendations (« the Hoard, as to their approval,
<br />disapproval, or appropriate recommendations.
<br />Kcqiiircd Submittals
<br />Submission of a location plan at a scale of 1*’ = 1,000*
<br />showing the lot(s) lines within which the development is
<br />proposed, and the tie-in to the nearest road inlersc-clion
<br />A site plan at a .scale I" = 40' shall he prejiared l,y a
<br />regosteied professional engineer. 'J'he site plan shall be
<br />submitleci to the Boar<l and shall .show at least the
<br />following:
<br />(1) The location boundaries and dimeii.*don of each lot
<br />in question.
<br />12) Two fool eontour.sof the existing and proposed land
<br />surface.
<br />(.1) 'I'he locations of existing and pn,posed structures
<br />watercourses, and drainage easements, mean.s of access
<br />dramage. and sewage dispo.sal facilities.
<br />(4) 'The elevation of the hasetnenl and first floor.
<br />(*h) The area and location of h*achiiig fields.
<br />Devciupiiieiit Conditions
<br />Wetlands
<br />and Wnl.rshad l*roUtli„n Districl. the WImvint.
<br />conditions shall apply:
<br />T' «r anmdiMdual well .supply may be dcweif.ped.
<br />thr h.n' -sewerage .system,the following eonditioiis snail apply:
<br />of liLu ton minimum depth
<br />of eight feca shall be taken; three of which shall be w ithin
<br />the area of the proposed structure and three within 25 fcx*t
<br />of the* outside walls of the structure, hut not closer than 10
<br />fei t. A report h> a .soil .scientist or qualified enginc-er shall
<br />accompany the lest data.
<br />(2) The floor level of areas to be occupied hv human
<br />bungs as living or work space shall he four feet above the
<br />fkmding ' ’
<br />(.'b If the lia.M inem Hour level is below tlie seasonal high
<br />ly has
<br />rcciiix
<br />tt>rlfc;
<br />coniiiK
<br />tum.s r
<br />fore, n
<br />tion he
<br />Thai
<br />l'>(.D.
<br />he COIT
<br />cause
<br />tnict, o
<br />plied."
<br />Acco
<br />six yea
<br />inent w
<br />overrul.
<br />tion con
<br />Whil.
<br />that at]
<br />lure of
<br />is suhjc
<br />propriat
<br />satisfice
<br />which t
<br />interest.
<br />^ TTr m L ’
<br />Dcfc
<br />where
<br />out of
<br />conijiar
<br />compn>
<br />0(1 of ti
<br />portion;
<br />tortfeas
<br />of this
<br />could l<(
<br />cr the (1
<br />Ihc 1
<br />ptiMic ii
<br />ill protc
<br />late to c
<br />dictate ;
<br />nicnt of
<br />deriving
<br />We invi
<br />projuiscd
<br />Tortfeas
<br />201
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