§ 407-5. Permit and conditions.

A. 

If after the public hearing, the Commission determines that the area which is the subject of the application is significant to the interest protected by this bylaw, the Commission shall, within 21 days of such hearing, issue or deny a permit for the work requested. If it issues a permit after making such determination, the Commission shall impose such conditions as it determines are necessary or desirable for protection of those interests, and all work shall be done in accordance with those conditions.

B. 

The Commission is empowered to deny a permit for failure to meet the requirements of this chapter for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, and other requirements in regulations of the Commission; for failure to avoid or prevent unacceptable significant or cumulative effects upon the wetland values protected by this chapter and where no conditions are adequate to protect those values. Due consideration shall be given to any demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.

C. 

Lands within 100 feet of the specified resource areas, and within 200 feet of rivers, streams, and creeks, are presumed important to the protection of these resources because activities undertaken in close proximity to resource areas have a high likelihood of adverse effect upon them either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, but not be limited to, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat. In order to protect such areas, there shall be a strip of continuous, undisturbed vegetative cover within 25 feet of the specified resource areas shall not be disturbed and treated as a no disturbance area. The Commission therefore may also require that the applicant maintain a strip of continuous, undisturbed vegetative cover within the aforementioned 100-foot or 200-foot area, unless the applicant convinces the Commission that the area or part of it may be disturbed without harm to the values protected by this chapter. In the case of areas within 200 feet of rivers, streams, and creeks, no permit issued hereunder shall permit any activities unless the applicant, in addition to meeting the otherwise applicable requirements of the chapter, has proved by a preponderance of the evidence that there is no practicable alternative to the proposed project with less adverse effects, and should there be no practicable alternative, that such activities, including proposed mitigation measures, will have no significant adverse impact on the areas or values protected by this chapter. The Commission shall regard as practicable an alternative which is reasonably available and capable of being done after taking into consideration the proposed property use, overall project purposes, logistics, existing technology, costs of the alternatives and overall project cost.

D. 

Permits shall expire three years from the date of issuance, unless renewed prior to expiration, and all work shall be completed prior to expiration. No proposal which has been unfavorably acted upon by the Commission shall be considered within two years after the date of such unfavorable action unless by a 4/5 vote of the Commission.