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HomeMy WebLinkAboutTownofNantucketEmergencies_201405230908042085TOWN OF NANTUCKET: EMERGENCIES [<http://ecode360.com/index/NA0948/E>] ADMIN. PROCEDURES § 2-3 Compliance with other laws required. This chapter shall not operate to relieve any board, commission, agency or instrumentality of the Town of Nantucket from compliance with any law regulating the adoption of regulations or requiring that regulations be approved by designated persons or bodies before becoming effective. § 2-4 Applicability; emergency regulations. Section 2-1 [“Public hearing required: manner of notice”] of this chapter shall not apply to emergency regulations. Except where otherwise provided by law, if a board, commission, agency or instrumentality finds that immediate adoption, amendment or repeal of a regulation is necessary for the preservation of the public health, safety and general welfare and that observance of the requirements of notice and public hearing would be contrary to the public interest, the board, commission, agency or instrumentality may dispense with such requirements on a temporary basis and may adopt, amend or repeal regulations as emergency regulations. This finding and a brief statement of the reasons for the finding shall be incorporated in the emergency regulation. An emergency regulation shall not remain in effect for longer than three months unless during that time the board, commission, agency or instrumentality gives notice and holds a public hearing as required by § 2-1. MGT, COASTAL PROPERTIES § 67-1 Management of coastal properties owned by Town. A. Moratorium. There shall be a temporary moratorium on the use of Town properties located along the eastern coastline of Nantucket from Great Point south to and including the Siasconset sewer beds (hereinafter "Town-owned coastal land") for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, on Town-owned coastal land such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like shall be hereafter constructed on Town-owned coastal land, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, as may be lawfully existing or permitted by the Board of Selectmen prior to April 10, 2008 for Town-owned coastal land. B. Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, on Town-owned coastal land as may be lawfully existing or permitted by the Board of Selectmen prior to April 10, 2008; provided, however, any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. C. Limited pilot projects. Nothing herein shall prohibit the licensing by the Board of Selectmen and construction during the moratorium period of a limited pilot project for the installation at private expense of new coastal engineering structures by a private licensee within Town-owned coastal land, within one single project area not longer than 400 feet, including returns, in lateral measurement roughly parallel to the coastal bank; provided that the Board of Selectmen shall find that such project will likely provide scientific data and information which will be of benefit and assistance to the Town in developing a Coastal Management Plan, and will be in the public interest; and further provided that any license for such project shall be subject to such safeguards and conditions as the Board of Selectmen shall impose, including but not limited to the posting of security by the licensee for the maintenance and removal of the structures and the obtaining by the licensee of all necessary permits and approvals under the Massachusetts Wetlands Protection Act and the Nantucket Wetlands Protection Bylaw. [Added 3-31-2012 ATM by Art. 61, approved 7-12-2012 Editor's Note: This article also redesignated former Subsection C as Subsection D. ] D. Duration of moratorium. This moratorium shall remain in effect until the earlier of December 31, 2013, or such a date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. [Amended 4-5-2010 ATM by Art. 41, approved 8-5-2010] E. Coastal land, leasing or licensing. Except as provided in Paragraph C, leasing or licensing any Town-owned coastal land for private erosion-control protection purposes shall be subject to approval by vote at an Annual or Special Town Meeting. [Added 3-31-2012 ATM by Art. 65, approved 7-12-2012] WETLANDS § 136-2 Purpose. [Amended 4-8-1996 ATM by Art. 47, approved 7-15-1996] The purpose of this chapter is to protect the wetlands of the Town of Nantucket by controlling activities deemed to have a significant or cumulative effect upon wetland values, including but not limited to the following: public or private water supply, groundwater, flood control, erosion control, storm damage prevention, water pollution, fisheries, shellfish, wildlife, rare species, including rare, threatened or endangered plant species and animals and habitats, recreation and wetland scenic views (collectively, "the interests protected by this chapter"). This chapter is intended to utilize the Home Rule Authority of this municipality to protect additional resource areas for additional values, with additional standards and procedures in addition to those of the Wetlands Protection Act, MGL c. 131, § 40, and regulations thereunder, 310 CMR 10.00. § 136-3 Permit required; procedure. A. No person shall commence to remove, fill, dredge, alter or build upon or within 100 feet of any bank, freshwater wetland, coastal wetland, beach, dune, flat, marsh, meadow, bog, swamp or upon or within 100 feet of any estuary, creek, river, stream, pond or lake or upon or within 100 feet of any land subject to tidal action, coastal storm flowage, inland or coastal flooding or inundation or within 100 feet of the hundred-year storm line or within any area located within the geographic boundaries of the resource areas listed previously that is habitat for rare/significant wildlife and/or fauna, including Department of Environmental Protection certified vernal pools, without filing written application for a permit to remove, fill, dredge, alter or build upon, including such plans as may be necessary to describe such proposed activity and its effect on the environment, and receiving and complying with the permit issued pursuant to this chapter. Said resource areas shall be protected whether or not they border surface waters. The application and permit required by this chapter shall not be required for maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services. [Amended 4-8-1996 ATM by Art. 47, approved 7-15-1996; 4-10-2000 ATM by Art. 62, approved 8-2-2000] § 136-5 Emergency projects. [Amended 4-12-2004 ATM by Art. 51, approved 9-3-2004] An emergency project is an activity in a resource area or its buffer that is necessary to protect the public health and safety, and which, because of the conditions giving rise to the emergency, to be performed effectively cannot await compliance with the notice requirements and appeal periods associated with the filing of a notice of intent or request for determination of applicability. An emergency project may proceed only upon the issuance of an emergency certification from the Conservation Commission, which shall comply with the following procedures: A. Any person requesting to undertake an emergency project shall specify why the project is necessary for the protection of the public health and safety and which agency or subagency of the Commonwealth of Massachusetts is to perform the project or has ordered the project to be performed; B. An emergency certification shall be issued only for the protection of public health or safety; C. If the project is certified to be an emergency by the Conservation Commission, the certification shall include a description of the work which is to be allowed and shall not authorize work different or more extensive than that necessary to abate the emergency which gave rise to that certification; D. An emergency permit shall be issued only following a site inspection by a member of the Conservation Commission, or an authorized representative thereof; E. All work performed pursuant to an emergency certification shall be completed within 30 days of issue; F. Within 21 days of commencement of an emergency project, a notice of intent, or, where appropriate, a request for determination of applicability, shall be filed with the Conservation Commission for review as provided by this chapter. In the event that such a filing is not timely received by the Conservation Commission, or is incomplete, or such filing is denied for any reason, the Commission may revoke or modify an emergency project certification and/or order appropriate restoration and mitigation measures. __________ DEFINITIONS: Emergency [Collins Dict.]: An unforeseen or sudden occurrence, esp. of a danger demanding immediate remedy or action. Emergency [Black’s Legal Dict.]: Situation requiring immediate attention and remedial action. Involves injury, loss of life, damage to the property, or catastrophic interference with the normal activities. A sudden, unexpected, or impending situation. Emergency Doctrine: A principle that allows individuals to take action in the face of a sudden or urgent need for aid, without being subject to normal standards of reasonable care. Also called imminent peril doctrine, or sudden peril doctrine.