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CITY OF HOLYOKE, MASSACHUSETTS - page 3 / 43

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(c)

The work conforms to performance standards and design specifications acceptable to the Commission.

b)

Agriculture

(1)

The Application and Permit required by this Ordinance shall not be required for work performed for the normal maintenance or improvement of agricultural lands.

c)

In the case of all exceptions under this Ordinance, the Commission shall determine the applicability of Section D(1) to a particular project or activity.

2.

Emergencies

a)

Procedure

(1)

The Application and Permit required by this Ordinance shall not apply to emergency projects necessary for the protection of the health or safety of the public, provided that the work is to be performed by or has been ordered by an agency of the Commonwealth or political subdivision thereof, provided that

(a)

Advance notice, either oral or written, has been provided to the Commission prior to the commencement of work or within twenty four (24) hours of commencement of work;

(b)

The Commission or its agent certifies the work as an emergency project;

(c)

The work is performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency;

(d)

The Commission shall conduct a site visit;

(e)

The work permitted by the emergency certification shall be completed within thirty (30) days of the date of issuance of the emergency certification; and

(f)

Within twenty-one (21) days of commencement of an emergency project a permit application shall be filed with this the Commission for review as provided for in this Ordinance.

(2)

Failure to meet the requirements of Section D(2)(a)(1), the Commission may after notice and hearing, revoke or modify an emergency project approval and order restoration or mitigation measures.

3.

Variances

a)

The Commission shall have the power, after the filing of an Application for Permit, and the conduct of a public hearing accordance with Section IV(C)

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