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Town of Hingham General By-Laws 21-30

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ARTICLE 21

FEES FOR BUILDING PERMITS

The following fees for building permits are hereby established and shall be paid by an applicant for a building permit, to the Building Commissioner, for use of the Town, at the time of filing an application and, in any event, prior to the issuance of permit:

Residential
New Construction
Add'n/Altn's. $10/$1000 of est. cost
Demolition or $50 minimum

Certificate of Occy. (includes Temporary) $35 per unit

Tent $35

Re-inspection fee $75

Work started w/o permit Dbl. Fee & $100

Commercial
New Construction
Add'n/Altn's. $15/$1000 of est. cost
Demolition or $50 minimum

Certificate of Occupancy (Includes Temporary) $35 per unit

Signs $3 sq. ft.or $50 minimum

Tent $35

Re-inspection fee $75

Work started w/o permit Dbl. Fee & $100

The fees set forth herein may be changed and adjusted from time to time by the Board of Selectmen.

In the case of an application for a building permit submitted by the Hingham Housing Authority, this fee may be waived at the discretion of the Board of Selectmen, but only for such projects as are developed solely by the Hingham Housing Authority or by the Hingham Housing Authority in partnership with other public sector or nonprofit organizations.

ARTICLE 22

WETLANDS PROTECTION BY-LAW

SECTION 1: PURPOSE AND PROTECTABLE RESOURCES
The purpose of this By-Law is to protect the foreshores, wetlands, and groundwater supply of the Town of Hingham by controlling activities deemed to have a significant effect on wetland and water quality values, including, but not limited to, the following:

Public or private water supply, groundwater, flood control, erosion control, storm damage, water pollution, fisheries, shellfish, wildlife, recreation and aesthetics. No person shall remove, fill, dredge, or alter any bank, freshwater wetland, coastal wetland, beach, dune, bog, flat, marsh, meadow, vernal pools or swamp, or any estuary, creek, river, stream, pond, lake, or the ocean, or the land under or bordering on said waters or wetlands, or any land subject to tidal action, coastal storm flowage, or flooding, or Riverfront Area without first filing written notice of his or her intention to so remove, fill, dredge, or alter by sending a separate letter, by certified mail, or by hand delivery to the Hingham Conservation Commission (hereinafter referred to as the "Commission") or its authorized agent, and without receiving and complying with an Order of Conditions, and provided all appeal periods have lapsed. Such Notice of Intent shall include such plans as required, from time to time, by the Commission and as may be necessary to describe such proposed activity and its effect on the environment. The same plans and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, will be accepted as fulfilling the requirements of this By-Law.

The Commission may hear any oral presentation under this By-Law at the same public hearing required to be held under the provision of said Chapter 131, Section 40 of the Massachusetts General Laws. Definitions set forth in said chapter and section of the General Laws and in the regulations issued, as amended from time to time, by the Department of Environmental Protection, or any successor thereto, are hereby made a part of this By-Law. The Commission may, from time to time, adopt such additional definitions, regulations, and performance standards as it may deem necessary to further the purpose and protect the interests of this By-Law. Said definitions shall become effective upon publication following a public hearing.

This Article 22 is intended to utilize the Home Rule authority of this municipality to protect additional resource areas, for additional values, with additional standards and procedures stricter than those of the Wetlands Protection Act, M.G.L. Chapter 131, Section 40 and regulations thereunder, 310 CMR 10.00. Activities that may not require review or permitting under the Wetlands Protection Act, the Rivers Protection Act, or other federal, state or local statutes are not assumed to be exempt from this By-Law.

SECTION 2: REGULATED ACTIVITIES
2A. Except as permitted by the Commission or as otherwise provided in this By-Law, no person shall remove, fill, dredge, alter or build upon or within one hundred (100') feet of any resource area, as outlined in Section 1 of this By-Law or within the two hundred foot (200') Riverfront Area, as defined in 310 CMR Section 40 10.58. The provisions of this By-Law shall not apply to any removing, filling, dredging, or altering necessary in the course of maintaining or 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 or telecommunication services. In no case shall any removal, filling, dredging or altering authorized by such certification extend beyond the time necessary to abate the emergency.
The provisions of this By-Law shall not apply to any mosquito control work done under the provisions of clause thirty-six (36) of section five of Chapter 40, or Chapter two hundred and fifty-two (252) or to work performed for normal maintenance or improvement of lands in agricultural use.
2B. Except as authorized by the Commission, no activity or alteration shall be permitted within a fifty (50') foot Buffer strip between any wetland resource , bordering vegetated wetland, coastal dune or bank, and/or isolated vegetated wetland and any proposed site disturbance. Prohibited activities shall include, but are not limited to, the following: (1) new construction of any buildings, decks, in-ground and above-ground swimming pools, sheds and/or driveways of any nature or type (excepting water dependent structures expressly approved by the Commission); (2) alteration, reconstruction or relocation of existing buildings, sheds and/or driveways of any nature or type; and (3) activities which involve or result in the removal, filling or altering of land within the buffer strip, including vegetation removal and grading. Nothing herein shall preclude the maintenance of an existing, lawfully constructed structure located within the BUFFER ZONE. The Commission may allow the prohibited activities upon an express determination that the applicant has made a clear and convincing showing that the proposed work in the BUFFER STRIP and its natural and consequential impact and effects will not adversely affect the wetland values of this By-Law.

2C. Except as authorized by the Commission, no activity or alteration shall be permitted within one hundred (100') feet of a vernal pool, whether it be certified or uncertified but accompanied by credible evidence of its viability as a vernal pool. The one hundred feet (100') around the defined vernal pool boundaries shall be known as "Vernal Pool Protection Zone".

Isolated Vegetated Wetlands, Isolated Land Subject to Flooding, and the adjacent 100 feet surrounding these depressions are protected under the Hingham Wetlands Protection By-Law. Vernal Pool Habitat is defined as confined basin depressions which, at least in most years, hold water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations, as well as the area within 100 feet of the mean annual boundaries of such depressions.

SECTION 3: DEFINITIONS
The term "person" as used in this By-Law shall include any individual, group of individuals, association, partnership, corporation, company, business, organization, trust, estate, the Commonwealth or political subdivision thereof, administrative agency, public or quasi public corporation or body, or any other legal entity or its legal representatives, agents or assigns.

SECTION 4A: REQUEST FOR DETERMINATION
The Commission may make a determination as to whether or not this By-Law applies to a specific situation prior to the filing of a written Notice of Intent under the provisions hereof within twenty one (21) days of the receipt of a written request by certified mail, or by hand, from any person desiring such a determination. The Commission, its agents, officers, and employees, may enter upon the land on which the proposed work is to be done in response to a Request for Determination, or for the purpose of carrying out its duties under this By-Law, and make, or cause to be made, such examination or survey as it deems necessary.

SECTION 4B: NOTICE OF INTENT
The same Notice of Intent, plans and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, will be accepted as fulfilling the filing requirements of the By-Law. Within twenty-one (21) days after receiving a Notice of Intent, the Commission shall hold a public hearing on the proposed activity. Notice of the date, time and place of said hearing shall be given by the Commission at the expense of the applicant not less than five (5) days prior to such hearing by publication in a newspaper of general circulation in the Town and by mailing a notice to the applicant by mail. The applicant may be present at said hearing and may be represented by counsel and shall be entitled to present evidence, call witnesses, and question any witnesses appearing at the hearing. The Commission shall make and keep a record of its proceedings and, upon request, shall furnish copies at reasonable cost. Said hearing shall be conducted simultaneously with the public hearing required to be held under the provisions of said Chapter 131, Section 40, and in conformity with said regulations promulgated by the Department of Environmental Protection. The Commission, its agents, officers, and employees, may enter upon the land on which the proposed work is to be done in response to a Request for Determination, or for the purpose of carrying out its duties under this By-Law, and make, or cause to be made, such examination or survey as it deems necessary.

SECTION 5: AUTHORIZATION OF COMMISSION TO DENY PROJECT
The Commission is empowered to deny permission for any removal, dredging, filling or altering on subject lands within the Town if, in its judgment, such denial is necessary to preserve the environmental quality and to protect the wetland and water quality values of either or both the subject lands and contiguous lands. Due consideration shall be given to possible effects of the proposal on all values to be protected under this By-Law and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing.

SECTION 6: ISSUANCE OF AN ORDER OF CONDITIONS
The Commission may, as an alternative to denial, impose such conditions as it deems necessary to contribute to said protection and preservation of subject and contiguous lands in accordance with the purpose of this By-Law and may issue an Order of Conditions. Any Order of Conditions issued under this By-Law shall be considered a "permit obtainable by local by-law", as defined in Massachusetts General Laws, Chapter 131, Section 40 and its regulations.

SECTION 7A: EMERGENCY WORK AND OTHER EXEMPTIONS
Notice required by Section 1 of this By-Law shall not apply to emergency projects necessary for the protection of the health or safety of the citizens of the Commonwealth and to be performed or ordered to be performed by an agency of the Commonwealth of Massachusetts or of the Town. An emergency project shall mean any project certified to be an emergency by the Commission or its authorized agent. If the Commission or its authorized agent, as the case may be, fails to act within twenty four hours of receipt of a Request for Certification of an emergency project, said project may be certified by the Hingham Board of Selectmen or its authorized agent. In no case shall any removal, filling, dredging, or altering commence prior to any emergency certification nor extend beyond the time necessary to abate the emergency.

SECTION 7B: FILING FEES:
The Commission is authorized to establish filing fees to defray costs incurred in conducting hearings under the Wetlands Protection By-Law and to adopt rules and regulations regarding the establishment and collection of such fees. Such rules and regulations may be adopted or amended at any regularly scheduled meeting of the Commission subject to the approval of the Board of Selectmen. Upon such approval they shall be published once in a newspaper of general circulation in the Town, shall thereafter be posted for seven consecutive days in five conspicuous places, and shall become effective upon the expiration of said seven (7) days.

The Commission may waive fees when an application fee for a permit, filing, or request for determination or applicability or other application is made by a government agency, municipality or not-for-profit organization.

SECTION 8: ESTABLISHMENT OF SURETY BONDS
The Commission may require the posting of security, running to the Town, including, without limitation, a letter of credit, cash, and bond with surety, in such form and amount and with such conditions as may be determined in the sole opinion of the Commission, after recommendation by its Town Counsel. Such security shall secure faithful and satisfactory performance on work required by any final "Order of Conditions", but shall not be an amount greater than the estimated cost of the work required for the restoration of affected lands and properties if the work is not performed as required.

The Commission may also consider a Conservation Restriction, easement or other covenant enforceable in a court of law as a way to secure adherence to conditions imposed by the Commission. Such covenant shall be executed and duly recorded by the owner of record, running with the land to the benefit of the Town, whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed. This method shall be used only with the consent of the applicant.

SECTION 9: ENTRY TO PROPERTY FOR REVIEW PURPOSES
The Commission, its agents, officers and employees shall have the authority to enter upon privately owned land pursuant to warrant, court procedure, or another appropriate administrative order for the purpose of performing their duties under the Bylaw and may make or cause to be made such examinations, surveys or sampling as the Commission deems necessary.

SECTION 10: BURDEN OF PROOF
The applicant for a permit shall have the burden of proving by a preponderance of credible evidence that the work proposed in the application and depicted on the plans will not have unacceptable significant or cumulative effect upon the wetland values protected by this Article 22.

SECTION 11 ESTABLISHMENT OF ENFORCEMENT AUTHORITY
SECTION 11A:
The Commission shall have the authority to enforce this By-Law, its regulations, and permits issued thereunder by enforcement orders, violation notices, administrative orders, and civil and criminal court actions. Upon request of the Commission to, and with the approval of, the Board of Selectmen, the Town Counsel may take legal action for enforcement under civil law. Upon request of the Commission, the Chief of Police may take legal action for enforcement under criminal law.

SECTION 11B: ESTABLISHMENT OF FINES
Any person including, but not limited to, the property owner, landscaper, contractors and tree cutting services, who violates any provision of this By-Law, its regulations or any conditions of a permit issued pursuant to it shall be punished by a fine which shall be set by the Commission. The fine shall be $100.00 (one hundred dollars) per violation. Each day or portion thereof during which a violation continues shall constitute a separate violation and each By-Law, regulation or permit violated shall constitute a separate offense. A Hingham police officer or the Conservation Commission or its agent may enforce this By-Law by noncriminal complaint pursuant to M.G.L. Chapter 40, Section 21D. Upon request by the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this By-Law and permits issued pursuant to it.

SECTION 11C: SHOW-CAUSE HEARINGS
The Commission may require a Wetlands By-Law violator to attend a "Show-Cause" Hearing at a scheduled time and date certain if, in the Commission's judgment, the violator has failed to respond to an Enforcement Order, cooperate with the Commission's request for remedial actions or take required steps necessary for ensuring protection of the resources and associated buffer zones in a timely manner.

SECTION 12: SEVERABILITY
Should any section or provision of this By-Law be found invalid, the validity of any other section or provision thereof shall not be affected, nor shall it invalidate any permit, approval or determination which previously has been issued.

ARTICLE 23

SEWER APPROPRIATION BY LAW

SECTION 1 Any Article in the Warrant for a regular or special town meeting which involves the expenditure or appropriation of money for the laying out, construction, making and/or maintaining a system of main drains and common sewers, within the Town of Hingham, shall include the following information in the body of the Article or in the motion under the Article, printed in the Advisory Committee report, or provided by the Advisory Committee as a printed document to be furnished voters at said regular or special town meeting:

(a) A complete list of streets, roads, ways or portions thereof in which there is to be the layout, construction or making of a system of main drains and common sewers;

(b) A financial impact statement including:

(i) The total estimated cost of the project;

(ii)The estimated property tax impact per $1000 of assessment for each and every year funds are expended or repayments are being made on borrowing for said project;

(iii) The estimated rate of the assessment upon the owners of the land abutting on that part of any street, road or way or portion thereof in which a sewer is constructed.

ARTICLE 24

PARKING FOR HANDICAPPED PERSONS

SECTION 1 REQUIREMENTS FOR HANDICAPPED PARKING SPACES

No person shall park a motor vehicle, motorcycle or like means of transportation in a designated parking space that is reserved for vehicles owned and operated by disabled veterans or by handicapped persons unless said vehicle bears a distinctive license place authorized by Section 2 of Chapter 90 of the General Laws or by similar laws of other jurisdictions.

Any person or body that has lawful control of a public or private way or of improved or enclosed property used as off street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings, or for any other place where the public has right of access as invitees or licensees shall be required to reserve parking spaces in said off street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears a distinguishing license plate authorized by Section 2 of Chapter 90 or by similar laws of other jurisdictions, according to the following formula:

If the number of parking spaces in any such area is more than fifteen (15) but not more than twenty five (25), one parking space; more than twenty five (25) but not more than forty (40), five (5%) percent of such spaces but not less than two (2); more than forty (40), but not more than one hundred (100), four (4%) percent of such spaces but not less than three (3); more than one hundred (100) but not more than two hundred (200), three (3%) percent of such spaces but not less than four (4); more than two hundred (200) but not more than five hundred (500), two (2%) percent of such spaces but not less than six (6); more than five (500) hundred but not more than one thousand (1,000), one and one half (1 1/2%) percent of such spaces but not less than ten (10); more than one thousand (1,000) but not more than two thousand (2,000), one (1%) percent of such spaces but not less than fifteen (15); more than two thousand (2,000) but less than five thousand (5,000), three fourth (3/4 of 1%) percent of such spaces but not less than twenty (20); and more than five thousand (5,000), one half of the one percent (1/2 of 1%) of such spaces but not less than thirty (30).

SECTION 2 SIGN REQUIREMENTS FOR HANDICAPPED PARKING SPACES

Parking spaces designated as reserved under the provisions hereof shall be identified by use of the above grade signs with white lettering against a blue background bearing the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles may be Removed at Owner's Expense." Said spaces shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be twelve feet wide or two eight foot side areas with four feet of cross hatch between them.

SECTION 3 REGULATION OF UNAUTHORIZED VEHICLES IN HANDICAPPED SPACES

Unauthorized vehicles shall be prohibited within parking spaces designated for use by disabled veterans or handicapped persons as authorized by this By Law, and shall be prohibited for use in such a manner as to obstruct a curb ramp designated for use by handicapped persons as a means of egress to a street or a public way.

SECTION 4 PENALTY

The penalty for violation hereof shall be as follows:

First Offense: One Hundred ($100.00) dollars

Second Offense: One Hundred ($100.00) dollars

Three or more offenses, the vehicles may be removed according to the provisions of Section 120D of Chapter 266 of the General Laws.

ARTICLE 25

WEIGHTS AND MEASURES – FEES

SECTION l Except as otherwise provided herein and as may be required by law, the following fees shall be charged by the Sealer of Weights and Measures:

a. For sealing balances and scales:

over 10,000 pounds, fifty dollars;
5,000 to 10,000 pounds, thirty dollars;
l,000 to 5,000 pounds, twenty dollars;
100 to 1,000 pounds, ten dollars;
more than ten pounds but less than 100 pounds, six dollars;
ten pounds or less, four dollars;

b. For sealing avoirdupois, metric, apothecary, or troy weights forty cents each;

c For sealing liquid measuring meters:

for oil or grease, four dollars;
for gasoline, eight dollars;
for vehicle tank pump, sixteen dollars;
for vehicle tank gravity, twenty dollars;

d. For sealing other devices:

fabric measuring, four dollars;
wire, rope, or cordage measuring, four dollars;
yard sticks, forty cents

SECTION 2 From time to time, fees herein may be established, changed, adjusted, increased, and/or deleted by the Sealer of Weights and Measures, with the approval of the Board of Selectmen.

ARTICLE 26

ON SITE WASTE WATER DISPOSAL SYSTEM INSPECTION

No person or entity shall sell or transfer any real property within the Town, having a building or structure thereon, which utilizes an on site waste water disposal system or systems, without having certified and provided the following:

(1) A written certification to the buyer that an inspection of the system or systems has been made, within the twelve month period immediately preceding the sale or transfer of said property, by a Disposal Works Installer licensed by the Town of Hingham or its subdivisions. Said certification shall disclose that the inspection was made, and the result(s) of said inspection;

(2) A scale drawing or plot plan to the Board of Health and the Board of Sewer Commissioners, containing the location, on said property, of the cover or covers for such system or systems. A copy of said drawing or plot plan shall also be provided to the buyer.

Any further action to be taken under this by law shall be in accordance with such regulations as shall be adopted by the Board of Health.

ARTICLE 27

PUBLICATION OF BUILDING PERMITS ISSUED

Each week the office of the Building Commissioner shall cause to be published, in a newspaper of general circulation in Hingham, a list of all Building Permits issued during the previous week, except those issued for interior alterations and re roofing. The list shall include the name or names of the applicant or applicants, the address of the property, the date the Permit was issued, a brief description of the proposed construction or operations and the statement; Building Permits may be appealed to the Board of Appeals. The time within which an appeal may be taken by a person aggrieved by an interpretation, order, requirement, direction or failure to act by the Building Commissioner, under the State Building code, is 45 days.

ARTICLE 28

HISTORIC DISTRICTS BY LAW

SECTION 1 AUTHORITY AND PURPOSE

This By Law shall be known and may be cited as the Historic Districts By Law of the Town of Hingham and is adopted pursuant to the provisions of Chapter 40C of the Massachusetts General Laws, as amended.

The purpose of this By Law is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the Town, or its architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith. Regulations may be promulgated by the Historic Districts Commission in accordance with the provisions of Chapter 40C of the Massachusetts General Laws, as amended, in order to fulfill the purposes of this By Law.

SECTION 2 HISTORIC DISTRICTS COMMISSION

In accordance with the provisions of Chapter 40C, Section 4, of the Massachusetts General Laws, the Historic Districts Commission appointed by the Board of Selectmen pursuant to the provisions of Chapter 502 of the Acts of 1966 shall be designated as the Historic Districts Commission under this By Law. The Commission shall consist of five citizens of the Town appointed for three year terms, with the terms of either one or two members expiring each year. Five alternate members shall be appointed in a like manner. Vacancies shall be filled in the same manner as the original appointment for an unexpired term. One regular member and one alternate member shall be appointed from each of at least three nominees submitted by the Boston Chapter of the American Institute of Architects, from at least three nominees submitted by the Hingham Historical Society, and from at least three nominees submitted by the Hingham Planning Board. One regular and one alternate member shall be appointed, where possible, from among the residents of the historic districts, and one regular and one alternate member shall be appointed at large. If within thirty days after submission of a request for nominees to an organization entitled to submit nominations for membership on the Commission no such nominations have been made, the Board of Selectmen may proceed to make the appointments to the Commission without nomination by such organization.

In case of the absence, inability or unwillingness to act of a member of the Commission, his or her place shall be taken by an alternate member designated by the chairman. Each member and alternate shall continue in office until the expiration of his or her term or until his or her successor is duly appointed and qualified. All members shall serve without compensation. The Commission shall annually elect a chairman and vice chairman from its number and a secretary from within or without its number.

SECTION 3 DEFINITIONS

As used in this By Law the word "altered" includes the word "rebuilt", "reconstructed", "restored", "removed", and "demolished" and the phrase "changed in exterior color"; the word "building" means a combination of materials forming a shelter for persons; animals or property; the word "Commission" means the Commission acting as the Historic Districts Commission; the word "constructed" includes the words "built", "erected", "installed", "enlarged", and "moved"; the words "exterior architectural feature" means such portion of the exterior of the building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint and other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures; the words "person aggrieved" mean an applicant, an owner of property adjoining the property of an applicant, an owner of property within the same historic district as the property of an applicant and within one hundred feet of said property as measured from a property line and any charitable corporation one of whose purposes is the preservation of historic structures or districts; the word "structure" means a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway.

SECTION 4 CERTIFICATE OF APPROPRIATENESS, NON APLLICABILITY
OR HARDSHIP

Except as otherwise provided in Sections 6 or 7 of this By Law, no building or structure within an historic district shall be constructed or altered in any way that affects an exterior architectural feature unless the Commission shall first have issued a certificate of appropriateness, a certificate of non applicability or a certificate of hardship with respect to such construction or alteration.

Any person who desires to obtain a certificate from the Commission shall file with the Commission an application therefor in such form as the Commission may reasonably determine, together with such plans, elevations, specifications, material or other information, including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

No building permit for construction of a building or structure or for alteration of an exterior architectural feature within an historic district and no demolition permit for demolition or removal of a building or structure within an historic district shall be issued by the Building Commissioner until the certificate required by this section has been issued by the Commission.

SECTION 5 FACTORS CONSIDERED BY COMMISSION IN MAKING DETERMINATION ON APPLICATION FOR CERTIFICATE

In passing on matters before it the Commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the Commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may in appropriate cases impose dimensional and setback requirements in addition to those required by other applicable laws or by laws. The Commission shall not consider interior arrangements or architectural features not subject to public view.

The Commission shall not make any recommendation or requirement, except for the purpose of preventing changes or developments incongruous with the historic aspects or the architectural characteristics of an historic district.

SECTION 6 EXCLUSION OF CERTAIN MATTER FROM REVIEW

The authority of the Commission shall not extend to the reconstruction, if substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year of the damage or destruction and carried forward with due diligence.

The Commission may determine from time to time after public hearing that certain categories of exterior architectural features, if the provisions of applicable laws or by laws do no limit the authority of the Commission with respect thereto, may be constructed or altered without review by the Commission without causing substantial derogation from the intent and purposes of this By Law.

Upon request the Commission shall issue a certificate of non applicability with respect to construction or alteration in any category then not subject to review by the Commission in accordance with this Section 6.

SECTION 7 ORDINARY MAINTENANCE; LANDSCAPING; CHANGES OTHERWISE PERMITTED OR REQUIRED

Nothing in this By Law shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of a requirement certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the applicable historic district by law.

SECTION 8 ADDITIONAL POWERS, FUNCTIONS AND DUTIES OF
COMMISSION

The Commission shall be a majority vote of the members thereof promulgate appropriate procedural rules and regulations for the calling of meetings, the calling and conduct of hearings, the issuance and filing of certificates and other determinations, and the keeping of records, provided that the same shall be consistent with the requirements of Chapter 40C, Sections 10 and 11, of the Massachusetts General Laws, and other provisions of this By Law.

The Commission may after public hearing set forth in such manner as it may determine various designs of certain appurtenances, such as lighting fixtures, which will meet the requirements of an historic district and a roster of certain colors of paint and roofing materials which will meet the requirements of an historic district, but no such determination shall limit the right of an applicant to present other designs or colors to the Commission for its approval.

The Commission may, where a certain construction or alteration is otherwise inappropriate, nevertheless determine that owing to conditions especially affecting the building or structure involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and that such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this By Law. If the Commission so determines, it shall cause a certificate of hardship to be issued to the applicant.

The Commission may, subject to appropriation, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work, and may accept money gifts and expend the same for such purposes.

The Commission shall have, in addition to the powers, authority and duties granted to it by this By Law, such other powers, authority and duties as may be assigned to it from time to time by Town Meeting vote.

SECTION 9 APPEALS TO AND ENFORCEMENT BY THE SUPERIOR COURT

Any person aggrieved by a determination of the Commission may, within twenty days after the filing of the notice of such determination with the Town Clerk, appeal to the superior court for Plymouth County, in accordance with the provisions of Chapter 40C, Section 12A, of the Massachusetts General Laws.

The superior court for Plymouth County may, in accordance with the provisions of Chapter 40C, Section 13, of the Massachusetts General Laws, enforce the provisions of this By Law, and any determination, ruling or regulation issued pursuant thereto, and may, upon the petition of the Commission or the Board of Selectmen, restrain by injunction violations thereof; and, without limitation, such court may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable.

Whoever violates any of the provisions of this By Law shall be punished by a fine of not less than ten dollars nor more than five hundred dollars. Each day during any portion of which a violation continues to exist shall constitute a separate offense.

SECTION 10 DISTRICTS ESTABLISHED BY SPECIAL ACTS OF THE GENERAL COURT

The Lincoln Historic District and the Glad Tidings Historic District, established pursuant to a prior Special Act of the Massachusetts General Court, shall hereafter be subject to the provisions of this By Law, notwithstanding the terms of such Special Act. The provisions of this By Law shall not affect the validity of these historic districts.

ARTICLE 29

ELECTRICAL PERMIT FEES

A All inspection requests require a permit number.
B All service related work requires a utility authorization number.
C Service alteration fees are in addition to minimum charges.
D Fees for unusual or special condition not listed on this fee schedule shall be set by the
Inspector of Wires or the Building Commissioner.
E Electrical permits must be obtained within 5 days of commencing work or a double
fee for that permit will be charged.
F All jobs must have a final inspection.

Residential
1 Base Residential Fee $35.00
2 Reinspection fee $75.00
3 Inspection(late fee) permits after staging $70.00
4 Service Change 100 to 200 AMP Residential $35/$70
5 Each Addn'l 100 AMPS or portion of (w 1 meter) $35.00
6 Temporary Service , six month limit $40.00
7 New Single Family Dwell/Complete Rehab + 50% $200.00
8 New Home complete with 200 AMP Service $225.00
9 New Home complete with 300 AMP $275.00
10 New Home complete with 400 AMP or more $325.00
11 Trenches each 100' $35.00
12 Audio Visual System $35.00
13 Major Appliances $35.00
14 Septic system wiring motor/pump $35.00
15 Alarm systems, Fire and Burgler $35.00
16 Gas or Oil Burners $35.00
17 Hot Water heater $35.00
18 Electric Heating per 10KW $35.00
19 Each addn'l 100 AMP meter or subpanel, each $35.00
20 Swimming Pools (inground) $90.00
21 Swimming Pools (above ground) $60.00
22 Hot Tubs/Spas/Hydromassage $60.00
23 Private Street Lighting, then $20 per pole $35.00
24 Heat, Vent, & A/C Units $35.00
25 Low Voltage $35.00
26 Grounding of foundation/Metal Siding/Metal Bldg. $35.00
27 Hand holes, each $35.00


TOWN OF HINGHAM
COMMERCIAL ELECTRICAL PERMIT FEE SCHEDULE

A All inspection requests require a permit number.
B All service related work requires a utility authorization number.
C Service alteration fees are in addition to minimum charges.
D Fees for unusual or special condition not listed on this fee schedule shall be set by the
Inspector of Wires or the Building Commissioner.
E Electrical permits must be obtained within 5 days of commencing work or a double
fee for that permit will be charged.
F All jobs must have a final inspection.

Commercial
1 Base Commercial Fee $50.00
2 Reinspection required $75.00
3 Inspection Fee for Off Hour Inspections (add'l fee) $200.00
4 Annual Maintenance Inspection Fee (up to 5 insp) $225.00
5 Inspection (Late fee) for permits filed after staging work $100.00
6 New Const. - fee calculated @ .10 per sq. ft. $200.00 min $200.00
7 Comm., Indust., Rehab more than 50% use new const. $200.00
8 200 AMP or less $150.00
9 201 AMP to 400 AMP $200.00
401 to 600 AMP (over 600 based on $1 per AMP) $250.00
10 Each Addn'l. Sub Panel or sub-main $50.00
11 Temporary Service , six month limit $70.00
12 Alarm System (Fire or Burglar) $50.00
13 Gas or Oil Burner $70.00
14 Cellular Tower Antenna $500.00
15 Cellular Tower Equipment Room $500.00
16 Gas Pumps (first 2, then $20 per pump) $ 50.00
17 Grounding of foundation, Metal Siding or Metal Building $50.00
18 Ground Mounted Light (up to 3, each addn'l. $20. per pole $50.00
19 Traffic light. (each addn'l. $50) $100.00
20 Trenches per 100' $35.00
21 Low Voltage (first 25 jacks) each addn'l .$1.50 $70.00
22 HVAC Air Conditioner, addn'l. $5 per ton/Max $100 $70.00
23 Tents, Concessions, Carnivals $100.00
24 Energy Management Systems $50.00
25 Hand holes, each $50.00
26 Exit Sign/Emergency Light (each) $10.00
27 Sign Lighting $25.00
28 Motion Picture Machines and Special Apparatus $50.00
29 Motors and Generators 1 HP to 8 HP $25.00
30 Motors and Generators 9 HP and over $35.00
31 Transformers 5 KVA - $250.00

ARTICLE 30

RULES AND REGULATIONS GOVERNING USE OF CONSERVATION LAND IN HINGHAM

SECTION 1 All people are welcome to use lands under the control of the Conservation Commission for passive recreation from 1/2 hour before sunrise to 1/2 hour after sunset. No person shall be allowed to use said lands at other times without the written permission of the Conservation Commission.

SECTION 2 No cars, trucks, or other powered vehicles or tools are allowed in or on said lands except authorized Town vehicles and those which may be allowed in or on said lands with the written permission of the Conservation Commission.

SECTION 3 No hunting is allowed on any lands under the control of the Conservation Commission in the Town of Hingham.

SECTION 4 No person shall cut, break, remove, deface, defile, or ill use any structure, fence, sign, stone wall, or have possession of any part thereof in or on said lands.

SECTION 5 No unauthorized person shall cut any trees, bushes, plants, or flowers in or on said lands without the written permission of the Conservation Commission.

SECTION 6 No trails shall be cut or marked, nor facilities of an enduring nature such as bridges, towers, lean tos or buildings be constructed without the written permission of the Conservation Commission.

SECTION 7 No person shall engage in business, sell or expose for sale, or give away goods, wares or circulars, upon said lands without the written permission of the Conservation Commission.

SECTION 8 Overnight camping on Conservation lands is not permitted without prior written approval from the Conservation Commission.

SECTION 9 No person shall dump or discharge any litter, trash, stumps, brush, leaves, sand, stones, or fill on any lands under the control of the Conservation Commission.

SECTION 10 No person except with written permission of the Conservation Commission under Permit, shall dig or disturb any artifact or archaeological remains.

SECTION 11 All persons 15 years of age and over, while fishing on land under control of Hingham Conservation Commission, shall possess and display a valid Massachusetts Fishing or Sporting License and comply with all other Fish & Wildlife Laws of the Commonwealth of Massachusetts. The Hingham Conservation Commission encourages a policy of "Catch and Release" of all fish taken from any waters under control of the Commission.

SECTION 12 No person shall tamper with the operation of any fish ladder or interfere with migrating adult or juvenile herring in any water courses or water bodies controlled by the Commission.

SECTION 13 Possession or consumption of alcoholic beverages is prohibited on all lands under the control of the Conservation Commission.

SECTION 14 Penalties: Any violation of the Rules and Regulations hereunder, carries with it a penalty of a fine not to exceed $200.00.

General By-Laws Continued 31-41

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