When an applicant is required to file either a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI) with the Town of Duxbury Conservation Commission, the applicant need only use the Wetlands Protection Act (WPA) forms. The Town of Duxbury does not have separate application forms under its Town Wetland Bylaw.
APPLICATION FILING DEADLINE: In order to get on the agenda for a particular meeting a new application must be submitted to the Conservation Department by noon on the Tuesday, two weeks in advance of a scheduled meeting. For any continued public hearing, additional information requested by the Conservation Commission must be submitted to the Conservation Department by noon on the Tuesday before the Conservation Commission meeting.
Request for Determination of Applicability (RDA) are used for small projects outside wetland areas where the applicant requests the Conservation Commission to determine if the Massachusetts Wetlands Protection Act or the Town Wetland Bylaw is applicable to the proposed work activity. Prior to altering existing conditions or conducting work within any resource area a RDA should be filed. This submission shall be made on the form (WPA Form 1) and according to instructions provided by the Town of Duxbury and required by State regulation 310 CMR 10.05 (3)(a)(b), and a public meeting on requests under both Town and State regulations may be held at the same time.
Notice of Intent (NOI) must be filed for any activity proposed within a resource area, which involves expansion or change in use or significant excavation and/or alteration of existing grades, soils and vegetation. NOIs are required for large projects, such as septic repairs, house construction, and site work or vegetative cutting with machinery. The Notice shall be submitted on the form (WPA Form 3) and according to instructions provided by the Town of Duxbury Conservation Commission and required by State regulation 310 CMR 10.05(4), and a public hearing under both Town and State regulations shall be held at the same time.
Certificate of Compliance (COC) is the document an applicant or property owner receives from the Conservation Commission once all the work permitted under an Order of Conditions (OOC) has been satisfactorily completed. A Certificate of Compliance is only issued after the Conservation Commission is satisfied that all the work has been completed in accordance with the Order of Conditions and the approved plan.
To request a COC an applicant/property owner must submit in writing a request for a COC. The request should be made using the WPA form 8A (A Request for Certificate of Compliance form) This request should be accompanied by a check made out to the Town of Duxbury for the fee amount listed in the fee schedule. When the OOC specifies, the applicant must also submit an as-built plan and an engineer's certification that the work was completed in compliance with the Order of Conditions. After receipt of these items, the Conservation Administrator will conduct a site inspection. The Conservation Commission will then vote whether to issue the Certificate of Compliance at the Commission's next meeting after the site inspection. It is important to note that RECORDING A CERTIFICATE OF COMPLIANCE AT THE REGISTRY OF
DEEDS IS THE ONLY WAY AN ENCUMBRANCE PLACED ON A PROPERTY'S TITLE BY AN ORDER OF CONDITIONS CAN BE REMOVED.
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