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CITY OF HOLYOKE, MASSACHUSETTS - page 5 / 43

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II.

Definitions

A.

Act means the Wetlands Protection Act, M.G.L. ch. 131, s. 40 and its regulations 310 CMR 10.00 et al., as amended

B.

Aesthetics means the natural scenery and appearance of any resource area as it is visually accessible to the public

C.

Alter means without limitation the following actions when under taken upon or affecting any of the areas subject to protection under the Ordinance and listed in Section I(C)(1) of these regulations:

1.

Removal, excavation, or dredging of soil, gravel, or aggregate materials of any kind;

2.

Changing the preexisting drainage characteristics, flushing characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;

3.

Drainage or other disturbance of water level or water table;

4.

Dumping, discharging or filling with any material that may degrade water quality;

5.

Placing of fill or removal of material that would otherwise alter elevation;

6.

Driving of piles or erection of buildings or structures of any kind;

7.

Placing of obstructions or objects in the water;

8.

Destruction of or significant injury to wetlands vegetation as described and listed in the National Wetlands Inventory;

9.

Changing water temperatures, biochemical oxygen demand, or other physical or chemical characteristics of water;

10.

Any activities, changes or work that may pollute any body of water or ground water.

D.

Applicant means a person giving a notice of intention by filing an application for permit to remove, fill, dredge, build upon, confirm boundaries of resource areas, or alter a resource area, or a person on whose behalf an Application is filed.

E.

Areas Subject to Protection means any area specified in Section I(C)(1) of these regulations and is synonymous with Resource Areas.

F.

Bank means the portion of the land surface which normally abuts and confines a water body.  It occurs between a water body and a vegetated wetland and adjacent floodplain or, in the absence of these, it occurs between a water body and an upland.  The upper boundary of a bank is the first observable break in slope or the mean annual flood level whichever is lower.  The lower boundary of a bank is the mean annual low flow level for a perennial water body, and the midpoint of the stream channel in the case of an intermittent stream.

G.

Commission means the Conservation Commission.

H.

Determination (of Applicability) means a written finding by the Commission of whether an area or an activity is subject to the jurisdiction of this Ordinance and / or as to whether or not an activity will alter an area subject to the jurisdiction of this Ordinance.

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