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CITY OF HOLYOKE, MASSACHUSETTS - page 8 / 43

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C.

Receipt   The date and time of receipt of a Request or Application shall be stamped or noted upon such document by the Commission or its designee.

D.

Determinations of Applicability

1.

Request for Determination of Applicability

a)

Any person who desires a Determination whether the Ordinance applies to an area or activity may submit to the Commission by certified mail or hand delivery ten (10) copies of a Request for Determination of Applicability.   The Commission may accept the Request on Wetlands Protection Form 1.   The Request for Determination of Applicability shall include such data and plans as may be required by the Commission in addition to those listed in Section IV.

b)

Any person filing a Request for Determination of Applicability with the Commission at the same time shall give written notice thereof by hand delivery or certified mail to the Department of Environmental Protection, Western Region Office. The notice shall enclose a copy of the Request with plans or shall state where copies may be examined and obtained free of charge. Any person filing a Request for Determination of Applicability shall also comply with the notice requirements of Section IV(C)(3)(b).

c)

When a person requesting a Determination is other than the property owner, the name and address of the property owner must be provided.  The Request for Determination of Applicability, the notice of the meeting, and the Determination of Applicability shall be sent by the person making the request to the owner.  Proof of owner’s receipt of these documents shall be provided to the Commission.

d)

Within twenty-one (21) days after the date of receipt of a completed Request for Determination of Applicability, the Commission shall hold a public meeting on the Request.  Notice of the time and place of the public meeting at which the Determination will be made shall be given by the Commission at the expense of the person making the Request not less than five (5) days prior to such meeting, by publication in a newspaper of general circulation in the City.  The person making the Request shall send by certified mail, return receipt requested or delivery by hand notice of the time and place of the public meeting to the owner.

e)

At the public meeting the Commission will determine:

(1)

Positively: that the area or activity is subject to the jurisdiction of the Ordinance; or

(2)

Negatively: that the area or activity is not subject to the jurisdiction of the Ordinance.

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