[Ord. No. 1275, § I, 5-14-2024]
The following definitions shall apply in the interpretation
and implementation of this chapter.
Except as otherwise provided in this chapter, the definitions
of terms and the procedures in this chapter shall be as set forth
in the Massachusetts Wetlands Protection Act (MGL c. 131, § 40)
and its accompanying regulations (310 CMR 10.00).
AGRICULTURE
Shall refer to the definition as provided by MGL c. 128,
§ 1A.
ALTER
Shall include, without limitation, the following activities
when undertaken to, upon, within or affecting resource areas protected
by this chapter:
A.
Removal, excavation, or dredging of soil, sand, gravel, or aggregate
materials of any kind.
B.
Changing of preexisting drainage characteristics, flushing characteristics,
salinity distribution, sedimentation patterns, flow patterns, or flood
retention characteristics.
C.
Drainage, or other disturbance of water level or water table.
D.
Dumping, discharging, or filling with any material which may
degrade water quality.
E.
Placing of fill, or removal of material, which would alter elevation.
F.
Driving of piles, erection, expansion or repair of buildings,
or structures of any kind.
G.
Placing of obstructions or objects in water.
H.
Destruction of plant life, including cutting or trimming of
trees and shrubs.
I.
Changing temperature, biochemical oxygen demand, or other physical,
biological, or chemical characteristics of any waters.
J.
Any activities, changes, or work which may cause or tend to
contribute to pollution of any body of water or groundwater.
K.
Incremental activities which have, or may have, a cumulative
adverse impact on the resource areas protected by this chapter.
BANK
Shall include the land area which normally abuts and confines
a water body; the lower boundary being the mean annual low flow level,
and the upper boundary being the first observable break in the slope
or the mean annual flood level, whichever is higher.
CUMULATIVE EFFECTS
Activities regulated under this chapter, which may be individually
minor, but when considered in relation to other past, present or future
activities in a given area may be significant in the aggregate.
FINE
A ticket issued in response to a violation of this chapter
by the Conservation Commission (or the agent or an officer of the
Pittsfield Conservation Commission) with a prescribed dollar amount,
as set out in Chapter 4-1/2, "Fee Schedule" of this City Code.
FLOOD CONTROL
The ability of wetlands to absorb, store and slowly release
floodwaters to minimize peak flood levels. Flooding can be caused
by precipitation or a rising water table. Activities within 100 feet
of resource areas shall not alter the flood control value of wetlands
significantly.
FLOODPLAIN
The elevation established from the statistical 100-year frequency
storm that has been determined by most recently available flood profile
data prepared for the community within which the work is proposed
under the National Flood Insurance Program (NFIP, currently administered
by the Federal Emergency Management Agency, successor to the U.S.
Department of Housing and Urban Development).
GROUNDWATER
All subsurface water contained in natural geologic formations
or artificial fill, including soil water in the zone of aeration.
Activities in or within 100 feet of resource areas shall not significantly
alter the existing quality or elevation of naturally occurring groundwater.
PASSIVE RECREATION
Any leisure activity or sport taking place in, on, or within 100 feet of a resource area which is dependent on the resource area and its values directly or indirectly for its conduct and enjoyment. Recreational activities include, but are not limited to, the following: noncommercial fishing and shell fishing, hunting, boating, swimming, walking, small artistic painting, birdwatching and aesthetic enjoyment. Structures and activities in or within 100 feet of a resource area shall not have a significant effect on public recreational values. Notwithstanding this definition, new or expanded recreational activities shall not have a significant effect on other wetlands values identified in §
27-1 of this chapter.
Shall include any individual, group of individuals, association,
partnership, corporation, company, business organization, trust, estate,
the commonwealth, or political subdivision thereof to the extent subject
to City ordinances, administrative agency, public or quasi-public
corporation or body, this municipality, and any other legal entity,
its legal representatives, agents, or assigns.
POND
A naturally occurring or human-made freshwater impoundment
with a surface area observed or recorded within the last 10 years
of at least 7,500 square feet. Ponds do not include wastewater treatment
surface waters, swimming pools, gravel pits and quarries that have
been inactive for five or more years.
PRIVATE WATER SUPPLY
Any source or volume of surface water or groundwater demonstrated
to be in private use or shown to have potential for private use, including
groundwater or surface water in the zone of contribution around a
private well. Activities in or within 100 feet of a resource area
shall not have a significant effect on the quality of a private water
supply.
PUBLIC WATER SUPPLY
Any source or volume of surface water or groundwater demonstrated
to be in public use or approved for water supply pursuant to MGL c.
111, § 160, by the Department of Environmental Quality Engineering
Division of Water Supply, or demonstrated to have a potential for
public use, in addition to all surface water and groundwater in zones
of contribution. Activities within 100 feet of resource areas shall
not have a significant effect on the quality of a public water supply.
STORM DAMAGE PREVENTION
The ability of wetland soils, vegetation and physiography
to prevent damage caused by water from storms, including but not limited
to: erosion and sedimentation; damage to vegetation, property or buildings;
or damage caused by flooding, waterborne debris or waterborne ice.
Activities in or within 100 feet of a resource area shall not have
a significant effect on storm damage protection.
VERNAL POOL
Shall include any confined basin or depression not occurring
in existing lawns, gardens, landscaped areas, parking areas, and driveways
which, at least in most years, holds an average depth of at least
six inches for a minimum of two continuous months during the spring
and/or summer, during most years, is free of adult predatory fish
populations, and provides essential breeding and rearing habitat functions
for amphibian, reptile or other vernal pool community species, regardless
of whether the site has been certified by the Massachusetts Division
of Fisheries and Wildlife. The boundary of the resource area for vernal
pools shall be the mean annual high-water line defining the depression.
VIOLATION
Is used to describe any unlawful activity of this chapter
as determined by the Pittsfield Conservation Commission (or the agent
or an officer of the Pittsfield Conservation Commission). Violations
include, but are not limited to:
A.
Failure to comply with this Chapter
27;
B.
Failure to obtain an order of conditions or determination prior
to conducting an activity subject to regulation under MGL c. 131,
§ 40, as defined in 310 CMR 10.02(2);
C.
Failure to comply with an order of conditions or determination,
such as failure to observe a particular condition or time period specified
in the order of conditions;
D.
Failure to complete work described in an order of conditions
or determination when such failure causes damage to the interests
identified in MGL c. 131, § 40;
E.
Failure to obtain a valid order of conditions or extension permit
prior to conducting an activity subject to regulation under MGL c.
131, § 40, as defined in 310 CMR 10.02(2);
F.
Making any false, inaccurate, or misleading statements in any
certification filed under 310 CMR 10.00, including any certification
that the requirements of 310 CMR 10.02(2)(b)2 will be met;
G.
Failure to comply with any certification on project plans or
eligibility under 310 CMR 10.02(2)(b)2;
H.
Leaving in place unauthorized fill or otherwise failing to restore
illegally altered land to its original condition, or the continuation
of any other activity in violation of MGL c. 131, § 40.
WETLANDS
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands
are areas that in an unaltered condition have a dominance of hydrophytic
plant materials, hydric soils, and indicators of wetland hydrology.
Wetlands shall be delineated using the most current U.S. Army Corps
of Engineers wetland delineation methodology for Region 1.
WILDLIFE HABITAT
Areas that provide breeding and nesting habitats, shelter,
food and water to all plant and animal species dependent on wetlands
for any portion of their life cycles. Includes resource areas identified
as containing rare, threatened, or endangered species as listed by
the Massachusetts Natural Heritage Program. Structures and activities
in or within 100 feet of any resource area shall not have a significant
effect on wildlife habitat.