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CITY OF HOLYOKE, MASSACHUSETTS - page 2 / 43

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b)

Any land within 100’ of any of the areas set forth in I(C)(1)(a);

c)

Any lake, pond, river, stream whether intermittent or perennial, natural or manmade;

d)

Any land within 100’ of any of the areas set forth in I(C)(1)(c);

e)

Any land under any of the water bodies set forth in I(C)(1)(c);

f)

Any land subject to flooding or inundation by groundwater, surface water or storm flowage;

g)

Any land within 100’ of the areas set forth in I(C)(1)(f);

h)

Any seasonal wetland;

i)

Any land within 100’ of any seasonal wetland; and

j)

Any land within 200’ of the mean annual high water mark of a perennial stream or river as defined by the Massachusetts Rivers Protection Act and promulgated by 310 CMR 10.00.

2.

Activities Subject to Regulation under the Ordinance

a)

Any activity proposed or undertaken which constitutes removing, filling, dredging, building upon, or altering any area specified in I(C)(1) is subject to these regulations under the Ordinance and requires the filing of an Application for Permit.

b)

Any person who wishes to know whether a proposed activity or area is subject to the Ordinance may in writing request a determination from the Conservation Commission.  Such a Request for Determination of Applicability shall be submitted pursuant to Section III (D) of these regulations.

D.

Exception, Emergencies and Variances

1.

Exceptions   

a)

Utilities

(1)

The Permit or Application required by this Ordinance shall not be required for maintaining, repairing or replacing but not substantially changing or enlarging, an existing or lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, sanitary sewers, telegraphs or other telecommunication services, provided that

(a)

The structure or facility is not substantially changed or enlarged;

(b)

Written notice is given to the Commission at least fourteen (14) days prior to the commencement of the work; and

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