The following are the values under the Southwick
Wetlands Bylaw:
A.
Protection of public and private water supply.
B.
Protection of groundwater.
C.
Flood control.
D.
Erosion and sedimentation control.
E.
Storm damage prevention.
F.
Prevention of water pollution.
G.
Protection of fisheries.
H.
Protection of wildlife habitat.
I.
Recreation.
J.
Aesthetics.
K.
Agriculture,
L.
Aquaculture.
A.
Areas subject to jurisdiction under the bylaw. Except
as permitted by the Conservation Commission or as provided for in
this bylaw, no person shall remove, fill, dredge, build upon or alter
the following resource areas (areas subject to protection under the
bylaw), or within 100 feet of the resource areas, an area known as
the buffer zone; or within 200 feet of a perennial stream, an area
known as the Riparian Zone:
(1)
Any freshwater wetland, marsh wet meadow, bog, swamp,
including but not limited to isolated wetlands;
(2)
Any bank, beach, dune or flat;
(3)
Any pond, lake, river or stream;
(4)
Any land under said waters; or
(5)
Any land subject to flooding or inundation by groundwater,
surface water or storm flowage, including but not limited to ephemeral
ponds and vernal pools.
B.
Activities subject to regulation under the bylaw.
(1)
Activities within the resource areas. Any activity proposed or undertaken within a resource area specified in Subsection A which, in the judgment of the Commission, will remove, fill or alter an area subject to protection under the bylaw is subject to regulation under the bylaw and requires the filing of Notice of Intent (§ 450-7B).
(2)
Activities within the buffer zone. Any activity proposed or undertaken within one hundred feet of an area specified in Subsection A (herein called the buffer zone), or an area within 200 feet of the banks of a perennial stream (herein called the riparian zone) which, in the judgment of the Commission, will alter an area subject to protection under the bylaw is subject to regulation under the bylaw and requires the filing of Notice of Intent. Activities within the buffer zone which are expected not to alter an area subject to protection under the bylaw require the filing of a request for determination of applicability (§ 450-7A) to allow the Commission to determine whether resource area alteration will occur.
(3)
Activities outside the areas subject to protection
and the buffer zone. See 310 CMR 10.02 (c).
A.
Burden of proof and going forward. It is the applicant's
responsibility to note those requirements contained in these regulations
which are in addition to those set forth in 310 CMR 10.03.
B.
Incorporation. All of the procedures and requirements
set forth in the Department of Environmental Protection's (DEP's)
Wetlands Protection Regulations of 310 CMR 10.00 et seq. are hereby
incorporated in and made a part of these regulations except where
they differ from or depart from these regulations. The citation "see
310 CMR 10.__" indicates that the Commission has incorporated the
specified DEP regulations into these regulations. Where these regulations
differ from the state regulations, they shall take precedence over
the state regulations. The applicant should first address the regulations
at 310 CMR 10.00 et seq. and then supplement them with the Southwick
Wetlands Regulations.
C.
Savings. Should any portion of these regulations be
declared invalid by a decision of court, the legislature or other
body having jurisdiction, the remainder of these regulations shall
remain in full force and effect.
D.
Reservation. These regulations should not be construed
to limit the authority under the Southwick Wetlands Bylaw. The Commission
reserves the right to act in a manner consistent with the bylaw upon
any matter within its jurisdiction.
E.
Effective date. The effective date of these regulations
shall be September 16, 1996. These regulations apply to all applications
made on or after the effective date.
The definitions applicable to the Southwick
Wetlands Bylaw shall be the same as set forth in 310 CMR 10.00 et
seq. except for the following modifications to those definitions and
additional definitions:
To change the condition of any area subject to jurisdiction
under the bylaw. Examples of alterations include, but are not limited
to, the following:
Removal, excavation or dredging of soil, sand,
gravel or aggregate materials of any kind;
Changing of pre-existing drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns or flood retention characteristics;
Drainage or other disturbance of water level
or water table;
Dumping, discharging or filling with any material
which may degrade water quality;
Placing of fill, or removal of material, which
would alter elevations;
Driving of piles, erection or repair of buildings,
or structures of any kind;
Placing of obstructions or objects in water;
Destruction of plant life, including cutting
of trees;
Changing water temperature, biochemical oxygen
demand or other physical, chemical or biological characteristics of
surface and groundwater;
Excavation for the purpose of percolation or
deep hole testing or the crossing of a resource area with heavy equipment
for this purpose; or
Any activities, changes or work which may cause
or tend to contribute to pollution of surface or groundwater.
An area of land extending 100 feet horizontally outward from
the boundary of any resource area (areas subject to protection under
the bylaw) described in SWR 10.02 of the bylaw.
An isolated depression or closed basin which temporarily
confines water during periods of high water table or high input from
spring runoff, snowmelt or heavy precipitation, and is used by obligate
amphibian species for breeding purposes.
An area of at least 500 square feet where groundwater, flowing
or standing surface water supports a vegetative community composed
of at least 50% wetland plant species as included or identified in
generally accepted scientific technical publications.
Any open body of fresh water, either naturally occurring
or man-made, with a surface area observed or recorded within the last
10 years of at least 5,000 square feet and which is never without
standing water due to natural causes, except during periods of extended
drought. For the purposes of this definition, "extended drought" shall
mean any period of four or more months during which the average rainfall
for each month is 50% or less of the ten-year average for that same
month. Basins or lagoons which are part of waste-water treatment plants
shall not be considered ponds, nor shall swimming pools or other impervious
man-made retention basins.
A watercourse that flows all year during non-drought conditions,
or flows at least 361 consecutive days during a normal non-drought
year.
Any body of water, regardless of size, that is hydrologically
connected to a brook or stream (intermittent or continuous), or wetland.
A measure that is available and capable of being done after
taking into consideration cost, existing technology and logistics
in light of overall project purposes.
An area of land extending 200 feet horizontally outward from
the Mean Annual High Water Line of a perennial stream.
Any body of running water moving in a channel in the ground,
including intermittent streams and headwaters of streams above or
below the point where there are wetlands adjoining them.
A.
Request for Determination of Applicability (RDA).
(1)
Explanation.
(a)
Any person who desires a written determination
as to whether and how this bylaw applies to an area, or work to be
performed in an area, shall submit a written request to the Commission
(refer to Figure 1).[1] This request, called a Request for Determination of Applicability
(RDA), shall include a description of the area and/or work to be performed
and maps/plans as appropriate.
[1]
Editor's Note: Figure 1, Determination of
Applicability, is located at the end of this chapter.
(b)
When considering filing an RDA for work in the
buffer zone, an applicant must assure the Commission that the potential
for alteration of a resource area is so insignificant as to not require
the oversight provided by an Order of Conditions and subsequent certificate
of compliance. Therefore, the Commission may typically consider issuing
a negative determination to projects that meet the following criteria:
[1]
No alteration of a wetland resource area;
[2]
Less than 1,000 square feet of alteration in
the buffer zone;
[3]
A fifty-foot undisturbed buffer strip is left
between the work and resource areas;
[4]
Slope to be disturbed is less than 5% toward
the resource area;
[5]
Leach field of a septic system is sited a minimum
of 50 feet from any wetland resource area and is in full compliance
with Title 5 and local Board of Health regulations;
[6]
A plan for permanent stabilization, including
loaming, seeding and mulching, is submitted;
[7]
Erosion control measures are maintained until
permanent vegetation is established;
[8]
No point source stormwater discharge; and
[9]
Not located in a flood zone.
(2)
Filing procedure. It is the applicant's responsibility
to provide all of the information required for this review. The applicant
must complete a Request for Determination of Applicability form [see
310 CMR 10.05 (3)].
(a)
Return five copies by certified mail (return
receipt requested) or by hand delivery to:
|
Southwick Conservation Commission
Town Hall
454 College Highway
Southwick, MA. 01077
|
(b)
Send one copy by certified mail (return receipt
requested) or by hand delivery to:
|
DEP Western Regional Office
Division of Wetlands and Waterways Regulation
State House West,
4th Floor 436 Dwight Street
Springfield, MA 01103
|
|
and landowner, when applicant is not the landowner.
|
(c)
At the time of filing a non-refundable fee shall
be paid to the Commission as specified below:
[1]
Request for determination of applicability for
work in the buffer zone, per lot: $75.
(d)
Include an accurate description of the location
(including Assessors Map and lot #), a plan showing the boundaries
of the proposed work, all structures and the approximate distance
to wetlands, water bodies or other resource areas to be protected.
(3)
Public hearing.
[Amended 6-20-2011]
(a)
The Commission shall hold a public hearing on
the request for determination within 21 calendar days of receipt of
the request. Public notice of the time, date, location and purpose
of the hearing shall be provided in a local paper (at the applicant's
expense) at least five business days prior to the hearing. The Commission
shall issue a written determination within 21 calendar days counted
from the day of the closing of the hearing.
(b)
Prior to making a determination, the Commission
may require the submission of additional data deemed pertinent to
the determination and shall inspect the property for which the RDA
was made.
(c)
Resource areas will be identified based on their
definitions as provided in these regulations and Massachusetts Regulation
310 CMR 10.00. In cases where the natural vegetative community has
been disturbed by removal of the vegetative cover, the Commission
may determine the boundary of a freshwater wetland based on the presence
of hydric soils; or may defer determination of a wetland boundary
until the natural vegetation has regrown.
(d)
If a positive determination is issued, the applicant
must file a Notice of Intent. A positive determination may be issued
to delineate the boundaries of a wetland, when the area is determined
to be under jurisdiction, and when the work requires a NOI.
(e)
If the application for an RDA is incomplete,
the request must be resubmitted or a positive determination will be
issued due to lack of sufficient information.
(f)
The Commission may defer action on an RDA when
snow cover makes the determination of resource area boundaries infeasible.
Under these circumstances, the applicant will be asked to grant an
extension and the Commission shall continue the public hearing and
make a determination at the first available opportunity. If the applicant
refuses to grant an extension, upon majority vote of the Commission,
a positive determination may be issued.
B.
Notice of Intent (NOI).
(1)
Explanation. A Notice of Intent (NOI) is required
when the RDA for a proposed project is found to be positive. The role
of the Commission is that of a reviewing agency. It is the applicant's
responsibility to provide all of the information required in the NOI
for review. It is in the applicant's interest to submit as complete
and accurate a description of the project as possible to ensure that
requests for additional information do not result in unnecessary delays.
NOTE: No work shall proceed until the submitted NOI is approved by
the Commission and all applicable appeal periods have expired and
the Order of Conditions is recorded.
(2)
Filing procedure: consists of the completion of a
Notice of Intent (NOI) form [see 310 CMR 10.05 (4).]
(a)
Three hard copies and one electronic digital
pdf file on a CD, DVD, or thumb drive of the Notice of Intent and
accompanying plans and data including digital shapefile locations
with longitude and latitude shall be sent by certified mail (return
receipt requested) or by hand delivery to:
[Amended 6-20-2011]
|
Southwick Conservation Commission
Town Hall
454 College Highway
Southwick, MA. 01077
|
(b)
Two copies of the Notice of Intent and accompanying
plans and data shall be sent by certified mail (return receipt requested)
or by hand delivery to:
|
DEP Western Regional Office
Division of Wetlands and Waterways Regulation
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
|
(c)
At the time of filing a non-refundable fee shall
be paid to the Commission as specified below. This Local Bylaw filing
fee is in addition to the fees required by the Wetlands Protection
Act.[2]
[Amended 6-20-2011]
[2]
Notice of Intent when work is proposed in a
Southwick Bylaw resource area not under jurisdiction of the Wetlands
Protection Act:
[2]
Editor's Note: See 310 CMR 10.00 et seq.
(d)
Notification of abutters and other boards.
[1]
Any person filing an application with the Commission
at the same time shall give written notice thereof, by mail or hand
delivery, to all abutters at their mailing addresses shown on the
most recent tax list of the assessors, including owners of land directly
opposite on any public or private street or way, or in another municipality.
The notice to abutters shall state the date of filing the application,
that the Commission will hold a public hearing within 21 days of the
date of filing and the day, time and place of the public hearing.
The notice will also state where copies of the application may be
examined and obtained by abutters. An affidavit of the person providing
such notice, with a copy of the notice mailed and delivered and a
list of abutters so notified, shall be filed with the Commission.
[2]
Any person filing a Notice of Intent with the
Commission at the same time shall give written notice thereof, by
mail or hand delivery, to the Board of Selectmen, Planning Board,
Board of Appeals, Board of Health, Historical Commission and Building
Inspector, Board of Water Commissioners and Town Engineer. The notice
to the Boards shall state the date of filing the application, shall
state where copies of the application may be examined and obtained
and shall inform the Boards that they have 14 days from receipt of
the notice to file written comments and recommendations with the Commission.
A copy of the notice mailed or delivered shall be filed with the Commission.
The Commission shall not take final action until such Boards and officials
have had 14 days from receipt of the notice to file written comments
and recommendations with the Commission, which the Commission shall
take into account but which shall not be binding on the Commission.
The applicant shall have the right to receive any such comments and
recommendations and to respond to them at a hearing of the Commission,
prior to final action.
(3)
Other permits. The applicant is required to obtain
or apply for all other permits, variances and approvals required by
any other applicable statute, bylaw or regulation prior to, or concurrently
with, filing an application under the bylaw. This requirement shall
include only those approvals which are obtainable at the time the
application is filed.
(4)
Submission requirements. For a submission to be reviewed,
a Notice of Intent must be submitted, along with plans and other documentation
which contain the following information where applicable:
(a)
Title box: date, owner, scale (graphic) (plans
for work in resource area or buffer zone should normally be at a scale
of 1 inch equals 50 feet or larger), north arrow.
(b)
Assessor's reference: map, section, parcel,
lot.
(c)
Engineer's stamp and signature when required.
(d)
Existing contours: one-inch to two-inch intervals.
(e)
Proposed new contours and amount of fill, excavation
or disturbance in a resource area or buffer zone.
(f)
Two-, ten- and one-hundred-year flood plains,
with elevations (to coincide with calculations).
(g)
Existing natural drainage patterns and proposed
alterations.
(h)
Boundaries of all resource areas as defined
by the Southwick Wetlands Bylaw and the Massachusetts Wetlands Protection
Act.[3] Wetland edges within 100 feet of work area shall be marked
with sequentially numbered stakes or flags every 25 feet and accurate
locations shown on plan, with numbers.
[3]
Editor's Note: See MGL C. 131, § 40.
(i)
Limit of one-hundred-foot buffer or two-hundred-foot
riparian zone from resource area.
(j)
Limit of work or alteration.
(k)
Location, extent and area of all present and
proposed structures, paved areas and other alterations.
(l)
Location of temporary erosion and sedimentation
control measures.
(m)
All below-ground alterations and structures;
i.e., drainage, septic systems, wells, storage tanks, proposed utilities.
(n)
Distance (fifty-foot minimum) of leaching facility to wetlands, water courses and resource areas (§ 450-4B).
(o)
Property boundaries and easements.
(p)
Ditches, structures, culverts and outfalls,
storm drains, retention/detention areas, fully described with information
on inverts, slopes, materials, entrance and outlet conditions, bedding
in unstable soils, details of drainage structures, and endwalls, and
other standard engineering data on such work.
(q)
Cross sections showing slope, bank and bottom
treatment of each water course to be altered.
(r)
Location and grading of replacement areas and
compensatory storage areas with area and/or volume calculations.
(s)
Description of the wetland replacement procedures:
including characterization and vegetation inventory of the area to
be altered, plant material (species and amount) to be used in replacement
area, construction sequence.
(t)
Soil characteristics, groundwater elevations
and sampling locations, where relevant for the evaluation of the project.
(u)
Location of percolation tests, where work is
proposed within 100 feet from the edge of the resource area.
(v)
Calculations.
[1]
Engineering calculations necessary to show the
effect of the proposed activity on soil and water. Calculations and
watershed modeling shall normally be performed based on the techniques
developed by the USDA, Soil Conservation Service (TR-55 or TR-20).
Calculations shall be made that show the impact for two-year, ten-year
and one-hundred-year storms. The calculations shall be prepared by
a registered professional civil engineer or qualified hydrologist.
[2]
Engineering calculations to fully support the
design of compensatory flood storage areas and stormwater management
systems, including detention or retention basins and infiltration
systems.
(w)
Wildlife habitat evaluations. A wildlife habitat
evaluation will be required where alterations exceed thresholds specified
in 310 CMR 10.60.
(5)
Public hearing. The Commission shall hold a public hearing within 21 calendar days from the receipt of a Notice of Intent. Notice of the time, date and purpose of the public hearing shall be provided in a local newspaper (at applicant's expense) at least five business days prior to the public hearing and in accordance with the Open Meeting Law. Prior to issuing its permit, the Commission may require the submission of additional data pertinent to the application. The Commission may continue the hearing to receive such information in accordance with § 182-6 of the bylaw.
C.
Order of Conditions.
(1)
Within 21 calendar days of the close of the hearing,
the Commission will issue a Order of Conditions with conditions to
protect the wetland values as identified under the bylaw. The written
decision will be signed by a majority of the Commission and shall
be valid for three years. Orders of Conditions written under the Southwick
Wetlands Bylaw and Regulations may be on the same form as the state
regulations. Orders of Conditions shall be valid for three years.
(NOTE: The Orders of Conditions may contain a condition stating that
the Orders of Conditions becomes invalid if the proposed project is
not started within two years of date of decision.)
(2)
Conditions may be for the construction period (e.g.,
straw bales for temporary erosion control) or may be in perpetuity
(e.g., permanent buffer strips for erosion control, water supply protection
and wildlife habitat).
(3)
Conditions may be structural (e.g., hay bale barrier
for erosion control) or may require a specified standard of performance
(e.g., prevention of erosion).
(4)
Standard conditions. A standard set of conditions
will be imposed on all projects approved by the Commission.
(5)
Special conditions. A special set of conditions will
be imposed on all projects approved by the Commission where it is
deemed that such conditions are necessary or desirable to protect
the values of wetlands, related water resources, and adjoining land
under its jurisdiction.
D.
Amended NOI's. If at any time after an Order of Conditions
has been issued there is a change in the proposed activity, the applicant
or owner must notify the Commission, in writing, of the proposed changes,
not less than 48 hours before the Commission's next regularly scheduled
meeting. No work associated with these changes shall be conducted
until the Commission has reviewed the changes and issued a written
decision thereon. The person making this request shall be notified
by the Commission of its decision within 21 calendar days of the receipt
of this request. The Commission may determine that:
(1)
The changes represent a significant departure from
the original proposal and that the potential impacts of the new proposal
are sufficiently different from, and involve potentially greater wetlands
impact than, those of the original proposal as to require the filing
of a new Notice of Intent.
(2)
The changes involve a moderate departure from the original proposal and will require an amended NOI. The Commission shall publish a newspaper notice (at the applicant's expense) [see requirements in § 450-7B(5)] and make a decision on the request for Order of Conditions after a public hearing. An amended NOI must be filed at the registry of deeds (see § 450-7I) with a marginal reference to the original NOI. The following may require an amended NOI:
(3)
The changes represent an insignificant change in the
original proposal and will have not likelihood of greater impact on
any wetland resource area. The person proposing these changes may
proceed with work upon written approval by the Commission.
E.
Denials. If the Commission deems that the wetland values stated in the Bylaw are not adequately protected under the terms of the applicant's proposal, or if the applicant fails to satisfy the criteria set forth in § 182-8C of the bylaw, the Commission may refuse to issue a an Order of Conditions. When the Commission votes to deny a NOI, it shall issue a written decision.
F.
Extension of NOI's. See 310 CMR 10.05(8).
G.
Appeals. Any person aggrieved by the NOI or decision
of the Commission, whether or not previously a party to the proceeding,
may appeal according to the Massachusetts General Laws.
H.
Certificate of Compliance.
(1)
Upon completion of the work permitted, the applicant
shall request, in writing, that a Certificate of Compliance be issued
stating that the work has been satisfactorily completed. Upon written
request by the applicant, a Certificate of Compliance may be issued
within 21 calendar days of receipt thereof, if the activity or portions
thereof described in the Notice of Intent and submitted plans have
been completed in compliance with the NOI. The Certificate of Compliance
shall not be issued until a site inspection is made by a member of
the Commission and shall be signed by a majority of the Commission.
Final releases may be combined with certificates of compliance issued
under 310 CMR 10.05(6).
(2)
If the Commission determines, after review and inspection,
that the work has not been done in compliance with the permit, it
may refuse to issue a Certificate of Compliance. A refusal will be
issued within 21 calendar days of receipt of a request for a Certificate
of Compliance, will be in writing and will specify the reasons for
denial.
(3)
If the Certificate of Compliance contains conditions
which continue past the completion of the work, such as maintenance
or monitoring, the Certificate of Compliance shall specify which,
if any, of such conditions shall continue.
(4)
The Certificate of Compliance shall be recorded by
the applicant or owner in the Registry of Deeds or Land Court. Certification
of the recording shall be sent to the Commission.
I.
Recording in Registry of Deeds of Land Court.
(1)
The following forms issued by the Commission are required
to be recorded by the applicant or owner in the Hampden County Registry
of Deeds or the Registry Section of the Land Court, whichever is appropriate:
(2)
As proof of recording, the applicant must deliver
to the Commission the recording slip at the bottom of the Certificate
of Compliance. When required, proof of recording of the Determination
of Applicability shall be a copy of the Determination with recording
number. No work can begin under Order of Conditions until proof of
recording has been received by the Commission. The Commission may
record those forms, at the applicant or owner's expense, if the applicant
or owner falls to do so.
J.
Performance guarantee.
(1)
Bonds or surety. The Commission may require, as a
permit condition, that the applicant file a surety company performance
bond or a deposit of money in an amount determined by the Commission
to be sufficient to cover the cost of all or any part of the site
alterations under jurisdiction or replication specified in the permit
and/or shown on the plans approved by the Commission. Such bond or
surety, if required to be filed or deposited, shall be approved, as
to form and manner of execution by the Town Counsel, and as to the
sureties by the Town Treasurer, and shall be contingent upon the completion
of such alterations within the time frame of the permit and extension,
if granted. Said deposit of money shall be administered in a revolving
fund, pursuant to G.L.C. 44, S. 53 E Y2, if such fund is authorized
annually by town meeting.
(2)
Covenant. The Commission may accept as security a
temporary conservation restriction, easement or other covenant enforceable
in a court of law, 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.
(3)
Reduction of bond or surety. The penal sum of any
required bond or the amount of any deposit held hereunder may, from
time to time, be reduced by the Commission and the obligations of
the parties thereto released by the Commission in whole or in part.
(4)
Release of performance guarantee. Upon completion
of site alterations required in the permit, security for the performance
of which was given by bond, deposit or covenant, or upon the complete
performance of the covenants with respect to site, the applicant may
request and agree on terms of release with the Commission. If the
Commission determines that said alterations have been completed in
compliance with the Order of Conditions, it shall release the interest
of the Town in such bond and return the bond or the deposit to the
person who furnished same, or release the covenant, if appropriate.
If the Commission determines that said alterations have not been completed
in compliance with the Order of Conditions, it shall, within 45 calendar
day, specify to the applicant, in writing, the details wherein said
alterations fail to comply with the Order of Conditions.
See 310 CMR 10.06.
See 310 CMR 10.07.
A.
When the Commission determines that an activity is
in violation of the bylaw or a Order of Conditions or Determination
of Applicability issued under the bylaw. the Commission may:
(1)
Make an effort to secure voluntary compliance with
the bylaw and/or a Order of Conditions or Determination of Applicability
by the applicant or landowner:
(2)
Issue a notice of violation or an Enforcement Order;
and/or
(3)
Use a noncriminal disposition procedure as incorporated in MGL c. 40, § 21D and as described and amended in § 182-12 of the Southwick Wetlands Protection Bylaw.
(4)
Initiate criminal or civil actions in conjunction
with the Board of Selectmen.
B.
Violations include, but are not limited to:
(1)
Failure to comply with the bylaw or these regulations
an Order of Conditions or Determination of Applicability, including
failure to observe a particular condition or time period specified
in the permit or determination;
(2)
Failure to complete work as described in an Order
of Conditions or Determination of Applicability when such failure
causes damage to the wetland values, resource areas or buffer zones
identified in the bylaw;
(3)
Failure to obtain a permit prior to conducting an activity subject to regulation under the bylaw (§ 450-4).
(4)
Failure to correct a violation of the bylaw, these
regulations, an Order of Conditions or Determination of Applicability.
Each violation shall constitute a separate offense, and each day that
a violation occurs shall constitute a separate offense.
C.
The Commission may issue an enforcement order under
MGL C. 131, § 40 in lieu of, or in addition to, a notice
of violation or an administrative order or noncriminal disposition
procedure under these regulations.
D.
An enforcement order issued by the Commission shall
be signed by a majority of the Commission. In a situation requiring
immediate action, it may be signed by a single member or agent of
the Commission if said enforcement order is ratified by a majority
of the members at the next scheduled meeting of the Commission.
E.
If a non-criminal penalty for a violation is being considered, the Commission may, but is not required to, hold an administrative hearing to discuss the violation and to give the landowner and/or individual(s) responsible for the violation an opportunity to respond to the evidence and circumstances. In the event that a hearing will be held, the Commission will give such parties at least 48 hours' notice in writing, of the date, time and place of an administrative hearing by certified mail or hand delivery to the last known address on record in the Assessor's Office. The Commission may grant a continuance at its discretion upon appeal by the landowner stating in full the reason for the request. If a majority of the Commission present at the hearing finds that a violation has occurred, the landowner and/or individual responsible for the violation may be subject to the non-criminal penalties set forth in § 182-12 of the bylaw. The amount of the penalty per violation will be determined by the Commission at the administrative hearing.
F.
The Commission may develop guidelines for calculating
the appropriate amount of noncriminal penalties.
G.
The Commission shall take into account the nature
of the violation as follows:
(1)
Where remedial action is possible, each day or portion
thereof during which the violation continues or is repeated shall
constitute a separate offense, and each provision of the bylaw, regulations
or permit or determination violated shall constitute a separate offense.
(2)
Where remedial action is not possible or advisable,
the Commission will decide what procedural or legal remedies to take.
H.
The notice of the non-criminal penalty and explanation thereof, including the date or approximate date of the violation from which daily violations are counted, will be sent in writing to the responsible landowner and/or individual(s) responsible for the violation, and the penalty is payable to the Town of Southwick, pursuant to § 182-12 of the bylaw and G.L.C. 40, S.21D.
I.
The Commission may accept from the violator a written
plan with timetable for full restoration and restitution of the violation
and may then withhold sending the notice of penalty for a specified
time period. If satisfactory restitution is not made in a timely fashion,
the notice of penalty is retroactive.
