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CITY OF HOLYOKE, MASSACHUSETTS - page 27 / 43

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1.

The Preamble shall be the same as in the Act with the following addition: Land within 100 feet of a bank (See Section VII) is likely to be significant to the protection and maintenance of the bank, and therefore to the protection of the interests which banks serve to protect.

2.

Definition    A bank is the portion of land surface which normally abuts and confines a water body.  It occurs between a water body and a vegetated bordering wetland and adjacent flood plain, or, in the absence of these, it occurs between a water body and an upland. A bank may be partially or totally vegetated, or it may be comprised of exposed soil, gravel, stone or sand.  The physical characteristics of a bank, as well as its location are critical to the protection of the interests specified herein.  The upper boundary of a bank is the first observable break in the slope above the mean annual flood level, or whichever is higher. The lower boundary of a bank is the mean annual low flow level.  

3.

Presumption

a)

Where a proposed activity involves the removing, filling, building on, dredging or altering of a bank, or the area within 100 feet of the boundaries of the bank, the issuing authority shall presume that the area is significant to the interests specified in Section I (B)(1).  

b)

This presumption is rebuttable and may be overcome by clear and convincing evidence that the bank does not play a role in the protection of these interests.  In the event that the presumption is deemed to have been overcome, the issuing authority shall make a written determination to this effect in the Permit or Order of Conditions, setting forth its grounds.

4.

Performance Standards

a)

No activity, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of a bank, or of land within 100 feet of any bank, shall be permitted by the Conservation Commission, except for activity which is allowed under a Permit or variance from these regulations granted pursuant to Section I(D)(3).

b)

No structure of any kind shall be permitted on an eroding bank whose purpose is to protect any building or other structure built pursuant to a Permit granted after the effective date of these regulations without receipt of a subsequent permit or Order of Conditions.

c)

Any proposed work, permitted by the Commission, on a bank or within 100 feet of the upper boundary of a bank, shall not impair the following:

(1)

the physical stability of the bank;

(2)

the water carrying capacity of the existing channel within the bank;

(3)

ground or surface water quality;

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