TOWN OF NORWELL WETLANDS BYLAW
ARTICLE XVI-a
1. INTRODUCTION
In order to assist potential applicants in the preparation for filings under the Town of Norwell Wetlands Bylaws, the Norwell Conservation Commission has adopted the following regulations.
2. PURPOSE
The purpose of these regulations is to define and clarify the process by which activities affecting areas subject to protection under the Bylaw are to be regulated in order to contribute to the following interests:
a. Public Water Supply
b. Private Water Supply
c. Groundwater Supply
d. Flood Management
e. Storm Damage Prevention
f. Prevention and Abatement of Pollution
g. Protection of Land containing Shellfish
h. Protection of Fisheries
i. Protection of Wildlife Habitat
The purpose of these regulations is to define and clarify that process by establishing standard definitions and uniform procedures by which the Conservation Commission may carry out its responsibilities.
FILING FEES
(Adopted April 1, 1992)
Revised March 1, 2000
*THESE FEES ARE IN ADDITION TO THE FEE REGULATIONS PURSUANT TO MGL CHAPTER 131, SECTION 40, OF THE MASSACHUSETTS WETLANDS PROTECTION ACT.
WETLANDS FLAGGING REGULATIONS
(ADOPTED FEBRUARY 16, 1988, revised on September 6, 1988)
The following information shall be submitted to the Norwell Conservation Commission at the time of the filing of a NOTICE OF INTENT:
1. Wetlands flagging shall be marked on the site and
shall be clearly visible in the field to the Norwell
Conservation Commission or its agents.
2. Wetlands flagging shall be numbered consecutively on
site, and on the corresponding site plan.
3. Each individual wetlands line shall be indicated on
the wetlands flag by letter and consecutive number,
and shall be indicated on the corresponding site plan.
4. Plans should clearly indicate the 100' buffer zone, as
well as the 50' buffer strip. The plan should also indicate
the buffer zone for all adjacent properties to the development.
FILING A NOTICE OF INTENT
NORWELL CONSERVATION COMMISSION
Read attached – General Instructions for Completing Notice of Intent” and “Notice of Intent Supplemental Form for Riverfront Area”.
SUBMIT TO DEP/SOUTHEAST REGIONAL OFFICE:
_____ Notice of Intent (2 copies)
_____ Notice of Intent Supplemental For for Riverfront Area (2 copies if applicable)
_____Stormwater Management Form (2 Copies if applicable)
_____*Plans (2 copies)
_____Locus map identifying location of the property (2 copies)
_____Mail appropriate filing fee to DEP (send to lock box address), along with
Fee Transmittal form
SUBMIT TO NORWELL CONSERVATION COMMISSION:
_____Notice of Intent and Supplemental Forms (2 copies)
_____*Plans (2 Copies)
_____Filing fees: Town share of filing fee, Bylaw Fee, Guaranteed Deposit (if applicable), payable
to Town of Norwell
Notify abutters according to the DEP regulations (see attached abutter Notification Information and forms)
*PLANS:
In addition to the requirements listed in the "General Instructions", plans must detail the following information:
_____Location of wetlands (please read attached “Wetlands Flagging Policy”)
_____Delineation of the 100' buffer zone
_____Delineation of the 50' buffer strip
THE NORWELL CONSERVATION COMMISSION WILL NOT ACCEPT INCOMPLETE FILINGS. (TC/2/20/2001)
VIOLATION POLICY
NORWELL CONSERVATION COMMISSION
Adopted by Vote on May 2, 2001
Identification of Violations
Violations are identified by two primary means: observations by the agent or conservation members (primarily existing or impending projects) and citizens (existing, impending, or unidentified projects). Reports of violations from neighbors and other citizens are always confidential. Conservation members and staff may not reveal the source of any report of possible violations.
When possible violations are reported to a Commission member or staff, the Conservation Agent will determine whether a violation exists and a Violation Notice is necessary. The Agent may consult with the chairman and other members at this stage, but if time or other constraints exist may proceed based on his or her best judgment.
Violation Notices
If the agent confirms or strongly suspects a violation, a Violation Notice will be issued. Violation Notices will direct the property owners and contractors to (1) stop work, (2) identify resource areas on the site, (3) install erosion controls, and (4) meet with the commission or its agent to discuss the violation. If a wetland line has been previously approved by the Commision, its location will be the basis for evaluation of the Violation. If a wetland line has not been established or approved by the Commission, then the Violation Notice will require the owner, developer, and contractor to employ a wetland scientist to identify wetland resource areas with flagging within a time frame not longer than one week from the date of the Violation Notice.
Upon that meeting, the Commission, in consultation with the agent, will consider the following aspects of the violation:
Value of the area to the statutory interests
Harm of the damage
Immediacy of the harm
Value of restoration
Feasibility of restoration
Potential legal outcomes
Potential financial burden to the Town of Norwell
Based upon that review, the Commission and Agent will work quickly and informally with the owner, developer, and contractors to correct the Violation, will direct the owner, developer, and contractors to file an after-the-fact Notice of Intent, or will issue an Enforcement Order.
Enforcement Orders
Enforcement Orders will be issued by the Commission when there is a serious Violation which requires an approved plan to correct, and or a Violator is not cooperating to correct the Violation. Enforcement Orders list the Conditions that the owner, developer, and contractors must meet to resolve the Violation. No work will continue on the project until the conditions of the Enforcement Order have been met. A copy of the Enforcement Order will be sent to other Town Boards.
Reporting
All Violation Notices and Enforcement Orders will be noted. A list, including address and location of the property owner developer, and primary contractor, will be maintained by the agent and staff. This list will be posted in the Conservation Commission office and on its website. Upon adoption of this policy, a list of Violations from January 1, 2000 will be compiled and posted.
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