4.10 SITE VISIT REQUIREMENTS AND TIMING OF DELINEATIONS AND RESOURCE VERIFICATION
4.10.1 Site Visit Requirements
Subsequent to submitting an application to the Commission and before any permit will be issued, the applicant and or land owner is required to clearly flag or mark the following areas for the purpose of a site visit by the Commission or an agent or representative of the Commission: the boundary of the resource area, the project location, the corner and angle points clearly labeled, the limits of disturbance/erosion control line for the project, the 100 foot buffer and the 200 foot buffer to the resource areas (provided said buffers are on the applicants property). Said markings are to be clearly reflected on the site plans submitted. Failure to do so will be considered grounds to deny the project unless the applicant approves a reasonable time extension to the Commission to conduct additional site visits.
The reasonable time extension must take into account the volunteer status of the Commissioners, and the Commission’s conservation related work load, at the time of the public hearing in question.
After receiving a permit from the Commission and prior to the start of any work, the erosion control on the site shall be installed as agreed to on the final plan submitted and approved by the Commission. The Commission or agent or representative of the Commission shall be given 72 hours notice to inspect the erosion control and request changes. After that time period, the applicant may start work and the inspection and possible requests for changes in the erosion control will be made at the Commission’s earliest convenience.
For phased projects, the applicant shall hold pre-job briefings with the Conservation Commission and/or it’s representative prior to each major phase of work, i.e., erosion control installation, tree clearing, grading, roadway construction, etc.
4.10.2 Timing of Delineations and Resource Verification
Timing of submittal of proposed plans shall allow for seasonally appropriate resource area delineations and verification of resource areas such as stream status, vernal pool viability or mean annual high water mark for perennial streams. Failure to submit applications with seasonal verification constraints at appropriate times of the year may result in a request by the commission to continue the public hearing until the appropriate time of year for the project specific review, in a permit which requires a minimum of a 200 foot protective buffer around the resource in question, or in a denial of the proposed project.
In the case of challenges to the presumption of vernal pool habitat the Conservation Commission may require that the determination be postponed until the appropriate time period consistent with the evidence being presented. The Commission will either require its own site visits as necessary to confirm the evidence or reliance on a neutral, third-party qualified consultant at the applicant’s expense.
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In the case where precise field verification is necessary to confirm a proposed delineation, the Conservation Commission may require that the delineation be postponed until an appropriate time period where weather conditions allow verification of evidence being presented. The Commission will either require its own site visits as necessary to confirm the evidence or reliance on a neutral, third-party qualified consultant at the applicants expense.
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