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CITY OF HOLYOKE, MASSACHUSETTS - page 21 / 43

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of the Commission.  Such bond or surety, if required to be filed or deposited, shall be approved, as to form and manner of execution by the City Solicitor and as to sureties by the City Treasurer, and shall be contingent upon the satisfaction of such conditions within the time frame of the permit and extension.  Such bonds shall be approved and filed with the Commission prior to the close of the public hearing.

(2)

By a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of the City of Holyoke, whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed.

D.

Extension of Permit

1.

Procedure:   The Commission may extend a Permit once for an additional one-year period.  Requests for extension shall be made to the Commission in writing at least thirty (30) days prior to the expiration of the Permit.   Wetlands Protection Form 7 may be submitted as the request for extension.

2.

Denials:   The issuing authority may deny the request for an extension and require the filing of a new Application for Permit for the remaining work in the following circumstances:

a)

Where no work has begun on the project, except where such failure is due to an unavoidable delay, such as appeals, in the obtaining of other necessary permits;

b)

Where new information not available at the time the Permit was issued has become available and indicates that the Permit is not adequate to protect the interests identified in the Ordinance;

c)

Where work is causing damage to the interests identified in the Ordinance;  or

d)

Where work has been done in violation of the Permit or these Regulations.

3.

When issued by the Conservation Commission, the Extension Permit shall be signed by a quorum of the Commission.

4.

The Extension Permit shall be recorded in the Land Court and/or the Registry of Deeds, which ever is appropriate, by the Applicant.  Certification of recording shall be sent to the issuing authority on the form provided.  If work is undertaken without the recording the Extension Permit, the Commission may issue an Enforcement Order or it may itself record the Extension Permit.

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