BYLAW: Wetlands Protection District
MUNICIPALITY: Reading, MA
DATE ADOPTED: Unknown
FOR MORE INFORMATION ON THIS
Reading Planning Office
TEXT OF THE BYLAW:
4.5. WETLANDS PROTECTION DISTRICT
4.5.2. Uses Permitted in a Wetlands Protection District:
The Wetlands Protection District shall be considered. as overlying other districts established by this By-Law. Any uses permitted in the portion of the districts so overlaid shall be permitted except that no new building or structure shall be erected or constructed, and no dumping or filling or relocation of earth materials shall be permitted other than as specified in paragraph 18.104.22.168., 8. and 9., below, if approved by the Conservation Commission under the provision of General Laws, Chapter 131, Section 40 and Town of Reading General Bylaws, Section 5.7.
22.214.171.124. Uses directly related to the conservation of water, plants and wildlife.
126.96.36.199. Outdoor recreation activities and facilities, including unpaved play areas, nature study, boating, fishing and hunting where otherwise legally permitted.
188.8.131.52. Wildlife management areas, landings, foot, bicycle and/or horse paths and bridges, provided such uses do not affect the natural flow pattern of any water course.
184.108.40.206. Grazing and farming, including truck gardening and harvesting of crops.
220.127.116.11. Forestry and Nurseries.
4..5.2.6. Small accessory non-residential structures of less than one hundred (100) square feet of floor area used in connection with recreation or the growing, harvesting, storage or sale of crops raised on the premises.
18.104.22.168. Creation of ponds with a total water surface area at normal elevation not in excess of forty thousand (40,000) square feet.
22.214.171.124. Removal of silt and other accumulated debris from a watercourse which tends to interfere with the natural flow patterns of the watercourse.
126.96.36.199. Driveways or streets including utilities, drainage, pavements, curbs, sidewalks and other related facilities approved under the Rules and Regulations Governing the Subdivision of Land adopted by the Community Planning and Development Commission, across a stream, brook, channel or other watercourse where access is needed to service portions of a lot not otherwise accessible or where alternative means of access are impractical.
4.5.3. Uses Permitted in Wetlands Protection District (W) or Flood Plain District (F) on a Special Permit: The following uses shall be permitted in the district by Special Permit:
188.8.131.52. Any use in a Business or Industrial District where a portion of the lot is within the Wetlands Protection District (W) or Flood Plain District (F).
4.5.4. Lot Area Allowance: A lot with a dwelling existing thereon at the time of the adoption of this By-Law shall not be deemed a non-conforming lot because any portion of it lies within the Wetlands Protection District (W) or Flood Plain District (F), provided that the dwelling itself does not fie within said District.
4.5.5. Determination of Flooding and Suitability: If any land in the Wetlands Protection District (W) or, Flood Plain District (F) is proven to the satisfaction of the Board of Appeals as being in fact neither subject to flooding nor unsuitable because of drainage conditions for a use or structure which would otherwise be prohibited by this section, and the Board of Appeals determines that the use of such land for such use or structure will not interfere with the general purposes for which the District has been established, and will not be detrimental to the public health, safety and/or welfare, the Board of Appeals may grant a Special Permit for such use or structure which will comply in all respects with all other provisions of the Underlying District or Districts within which the land is located provided that any and all necessary permits, orders or approvals required by local, State or Federal law are obtained, The Board of Appeals shall refer each question to the Community Planning and Development Commission, Conservation Commission and Board of Health and shall not act until these agencies have reported recommendations or forty-five (45) days have elapsed after referral and no report has been received.