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:
ALTER
To change the condition of any area subject to jurisdiction under the bylaw. Examples of alterations include, but are not limited to, the following:
A. 
Removal, excavation or dredging of soil, sand, gravel or aggregate materials of any kind;
B. 
Changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns or flood retention characteristics;
C. 
Drainage or other disturbance of water level or water table;
D. 
Dumping, discharging or filling with any material which may degrade water quality;
E. 
Placing of fill, or removal of material, which would alter elevations;
F. 
Driving of piles, erection or repair of buildings, or structures of any kind;
G. 
Placing of obstructions or objects in water;
H. 
Destruction of plant life, including cutting of trees;
I. 
Changing water temperature, biochemical oxygen demand or other physical, chemical or biological characteristics of surface and groundwater;
J. 
Excavation for the purpose of percolation or deep hole testing or the crossing of a resource area with heavy equipment for this purpose; or
K. 
Any activities, changes or work which may cause or tend to contribute to pollution of surface or groundwater.
BUFFER ZONE
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.
EPHEMERAL POND/VERNAL POOL
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.
ISOLATED WETLAND
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.
ISOLATED POND
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.
PERENNIAL STREAM
A watercourse that flows all year during non-drought conditions, or flows at least 361 consecutive days during a normal non-drought year.
POND
Any body of water, regardless of size, that is hydrologically connected to a brook or stream (intermittent or continuous), or wetland.
PRACTICABLE ALTERNATIVE
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.
RIPARIAN ZONE
An area of land extending 200 feet horizontally outward from the Mean Annual High Water Line of a perennial stream.
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]
[1] 
Notice of Intent: See WPA Appendix B, Wetland Fee Transmittal Form.
[a] 
Category 1 (fee for each activity is $55).
[b] 
Category 2 (fee for each activity is $250).
[c] 
Category 3 (fee for each activity is $525).
[d] 
Category 4 (fee for each activity is $725).
[2] 
Notice of Intent when work is proposed in a Southwick Bylaw resource area not under jurisdiction of the Wetlands Protection Act:
[a] 
Category 1 (fee for each activity is $55).
[b] 
Category 2 (fee for each activity is $250).
[c] 
Category 3 (fee for each activity is $525).
[d] 
Category 4 (fee for each activity is $725).
[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.
(6) 
Consolidation with hearing under the Wetlands Protection Act. Pursuant to § 182-4B of the Bylaw, the Commission may consolidate the hearing under the Act with the hearing under 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:
(a) 
Decrease in the distance from the resource area;
(b) 
Increase in potential erosion;
(c) 
Increase in size or change in location of structure;
(d) 
Increase in the amount of vegetation to be removed; or
(e) 
Activity beyond the original limit of work.
(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:
(a) 
Order of Conditions;
(b) 
Amended Order of Conditions;
(c) 
Extension of Order of Conditions;
(d) 
Certificate of Compliance; and
(e) 
Negative determinations where recording is required by the conditions set forth in the determination.
(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.