4.5 REQUESTS FOR DETERMINATION OF APPLICABILITY
Any person who desires a determination as to whether Conservation Commission jurisdiction applies to land, or to work that may affect an Area Subject to Protection may submit to the Conservation Commission by certified mail or hand delivery a Request for a Determination of Applicability.
For work within riverfront areas, an applicant may submit to the Conservation Commission, by certified mail or hand delivery, a Request for Determination of Applicability to identify the Scope of Alternatives to be evaluated including sufficient information to enable the Conservation Commission to determine the applicable scope. Actual project work within the 200-foot Riverfront Resource Area requires the filing of a Notice of Intent.
Any person who proposes to perform work within the Buffer Zone shall submit to the Conservation Commission sufficient information to enable the Conservation Commission to find and view the area and to determine whether the proposed work will alter an Area Subject to Protection. (See section 6.2)
Any person who proposes to perform work under the Town of Sturbridge Wetland Bylaw only (within the 100 foot to 200 foot buffer, but not within the 100 foot buffer) shall use the Request for Determination form as the application form.
4.6 DETERMINATION OF APPLICABILITY
Within 21 days of receiving a complete Request for a Determination of Applicability, the Conservation Commission shall open a public hearing (or obtain written permission from the applicant for a time extension) with the purpose of reviewing the application, conducting a site visit to confirm the information submitted, and issuing a Determination of Applicability. The Commission shall issue a determination within 21 days of the close of the public hearing or obtain permission at the public hearing or in writing from the applicant or applicants representative for a defined time extension to issue said determination.
Upon receiving a Negative Determination of Applicability, with or without conditions, by the Commission, work may proceed before the 10 day appeal period has elapsed, at the owner’s risk even if a petition for administrative or judicial review has been filed.
Upon receiving a Positive Determination of Applicability by the Conservation Commission, work may not proceed until a Notice of Intent has been filed and a final Order has been issued and recorded and all administrative processes have been finalized and all administrative and judicial appeal periods have elapsed.
A Determination of Applicability expires after three years of issuance. No Determination shall be deemed expired when an appeal is pending.
Please refer to chapter 4.15 for information on the appeal process.
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