[HISTORY: Adopted by the Conservation Commission of the Town
of Norwell as indicated in article histories. Amendments noted where
applicable.]
[Effective 5-5-2009]
C.
Following
public notice and a public hearing thereon, these regulations may
be amended and/or added to by a majority vote of the Town of Norwell
Conservation Commission.
D.
Any term,
condition, definition or other language contained herein which may
later be deemed invalid by competent legal authority does not invalidate
the validity, full force and effect of any other language contained
herein.
A.
These regulations are promulgated in order to effectuate the purposes
of the bylaw and contribute to the protection of the following wetland
interests (hereinafter referred to as "protected interests") including
but not limited to:
(1)
Groundwater.
(2)
Wildlife habitats.
(3)
Prevention of water pollution.
(4)
Aesthetics.
(5)
Sedimentation control.
(6)
Fisheries.
(7)
Flood control.
(8)
Private water supply.
(9)
Recreation.
(10)
Water quality.
(11)
Rare plant and animal species.
(12)
Erosion control.
(13)
Public water supply.
(14)
Public safety.
(15)
Prevention of storm damage.
(16)
Wildlife.
(17)
Fish/shellfish habitat.
B.
These interests are also known collectively as the "wetland values"
protected under these regulations.
A.
Resource
areas and buffer zones adjacent to the resource areas which are associated
with the protected interests are subject to protection under the bylaw
and are any of the following:
(1)
Resource areas.
(a)
Any freshwater or coastal wetland.
(b)
Land under water bodies, including but not limited to ponds
of any size, lakes, rivers, streams, creeks, springs, estuaries, and
banks.
(c)
The ocean and land bordering on the ocean, including but not
limited to tidal flats, coastal bank, dunes, beaches, salt marshes,
and salt meadows.
(d)
Land subject to flooding or inundation by groundwater or surface
water, including but not limited to freshwater wetlands, beaches,
wet meadows, swamps, bogs, vernal pools (both certified by the Natural
Heritage and Endangered Species Program or not certified), reservoirs
or isolated wetlands.
(e)
Land subject to coastal storm flowage or flooding, including
but not limited to the coastal floodplain as set forth on the Flood
Insurance Rate Maps (FIRM).
(f)
Land within 200 feet of any river, stream, or creek continuously
flowing throughout the year toward a body of water (hereinafter referred
to as the "riparian zone") including the North River.
(2)
Buffer zones.
(a)
Land within 100 feet of any of the aforementioned resource areas
(hereinafter referred to as the "jurisdictional buffer zone").
(b)
Land within 50 feet of a bordering vegetated wetland or isolated
vegetated wetland (hereinafter referred to as the "buffer strip" or
"no build zone").
(c)
Land within 100 feet of a vernal pool (hereinafter referred
to as the "vernal pool protection zone").
B.
Said resource
areas shall be protected whether or not they border surface waters.
Activities subject to regulation under the bylaw include the
following:
The applicant shall have the burden of proof by a preponderance
of credible evidence that the work proposed will not have a significant
or cumulative detrimental effect upon resource areas or interests
protected herein. No project determined to have a significant or cumulative
detrimental effect upon resource areas or interests protected herein
shall be allowed, unless mitigation is provided as part of the proposed
project. Failure to provide adequate evidence to the Commission supporting
this burden of proof shall be sufficient cause for the Commission
to deny the proposed project. In all instances herein, the Conservation
Commission, after due deliberation, shall have the discretion to determine
the relative importance of the information presented or omitted. The
Commission maintains the right to condition any project as it deems
necessary to protect one or more of the interests set forth herein.
Activities that are proposed to take place within a resource
area or buffer zone under the jurisdiction of the Norwell Conservation
Commission require approval prior to disturbance of any area under
the jurisdiction of the Commission. Written application shall be filed
with the Conservation Commission to perform activities affecting resource
areas protected by the bylaw. The permit application shall include
information and plans as are deemed necessary by the Commission to
describe the proposed activities and their effects on the resource
areas protected by the bylaw. No activities shall commence without
receiving and complying with the permit issued pursuant to the bylaw.
A.
Request for determination of applicability (RDA).
(1)
Any person desiring to know whether or not a proposed activity or an area is subject to the Norwell Wetlands Bylaw may in writing request a determination from the Commission. A request for determination of applicability (RDA) shall be filed with the Norwell Conservation Commission prior to altering existing conditions or conducting any work within any resource area or buffer zone. This submission shall be made on the form and according to instructions provided by the Town of Norwell, § 303-6 of these regulations, and required by 310 CMR 10.05(3)(a) and (b) with the following additions: the fifty-foot no build zone will also be shown. The Conservation Commission may hold a public meeting on requests under both Town and state regulations at the same time. The Conservation Commission will render a positive or negative determination of applicability.
(2)
The Commission shall have the authority to continue the meeting to
a certain date announced at the meeting, for reasons stated at the
meeting, which may include timely receipt of additional information
from the applicant or others deemed necessary by the Commission in
its discretion to make a determination, including comments, recommendations,
or action of the other Town boards and Town officials.
(3)
If a positive determination is made by the Conservation Commission
upon a request for determination, a notice of intent under the Norwell
Wetlands Bylaw must be filed if the applicant wishes to proceed with
the project. If a negative determination is made by the Conservation
Commission upon a request for determination, no notice of intent under
the Norwell Wetlands Bylaw need be filed. In either case, the applicant
shall not commence work until a determination has been issued by the
Commission and all appeal periods have elapsed or, in the event of
an appeal, all appeals have been finally concluded.
B.
Approval of resource area delineation. Any person who wishes to gain
Norwell Conservation Commission approval of a resource area delineation
under the Norwell Wetlands Bylaw may submit a written request. This
request shall be made according to instructions and the form provided
by the Massachusetts Department of Environmental Protection for abbreviated
notice of resource area delineation (ANRAD) with the fifty-foot no
build zone and vernal pools, as defined by the Norwell Wetland Bylaw,
shown on the accompanying plan. The Conservation Commission may hold
a public meeting on requests under both Town and state regulations
at the same time. The Conservation Commission will approve, approve
with modifications, or deny the delineation presented by the applicant.
Approval of a wetland delineation shall be for only the referenced
delineation on the plans approved by the Commission. It is not approval
of, nor the determination of, the absence of wetlands on other portions
of the property.
C.
Notice of intent (NOI).
(1)
A notice of intent must be filed with the Norwell Conservation Commission
for any activity proposed within the resource areas or buffer zones,
defined herein, which involves expansion or change in use or significant
excavation and/or alteration of existing grades, soils and vegetation.
The notice shall be submitted on the form and according to instructions
provided by the Town of Norwell Conservation Commission and required
by 310 CMR 10.05(4), and a public hearing on requests under both Town
and state regulations shall be held at the same time.
(2)
If required by the Commission, the applicant shall provide a copy
of the application, by certified mail or hand delivery, to all appropriate
Town officials, committees, or boards having joint jurisdiction over
the proposed project. An affidavit of the person providing such notice
shall be filed with the Commission. The Commission may seek written
comments and/or recommendations from other boards and committees.
The Commission, at its sole discretion, will allow adequate time for
comments from other boards. The Commission may continue any project
for which action by other Town boards or Town officials is required.
D.
Application requirements. No hearing will be opened unless all required
information is submitted to the Commission at least 10 business days
in advance of the scheduled hearing date. In certain circumstances
and at its sole discretion, the Commission may open a hearing when
the applicant submits application materials in less than 10 days before
the hearing.
E.
Actions by the Commission.
(1)
If a proposed project meets the requirements of the Norwell Wetlands
Bylaw and these regulations, the Commission will approve the project
by issuing a Norwell wetlands permit. Such permit will include the
conditions under which the project may proceed. The permit will be
in effect for three years from the date of approval. A ten-day appeal
period shall begin from the approval, during which time an applicant
may not begin work on the approved project.
(2)
The Commission shall have the authority to deny any project for which:
(a)
The application is incomplete and the Conservation Commission requires
additional information not provided by the applicant; or
(3)
The Commission shall have the authority to continue hearings to a
certain date announced at the hearing, for reasons stated at the hearing,
which may include timely receipt of additional information from the
applicant or others deemed necessary by the Commission in its discretion
to make a determination, including comments, recommendations, or action
of the boards and officials listed below.
F.
Authority to reopen a hearing. The Commission may reopen a hearing
to review whether the wetlands permit issued for a project protects
the resource areas. Such hearing may be reopened when new information
concerning site conditions or the approved project becomes available
to the Commission.
G.
Amended permit. An applicant or holder of a valid Norwell wetlands
permit issued under the Norwell Wetlands Bylaw may request minor changes
to a plan or previously imposed condition on a project by submitting
an application with the requested change. The Commission will follow
the standard procedure for a new application, including advertisement
of a public hearing, notification of abutters, holding public hearing,
and conditioning the amended project. The Commission may reduce the
filing fee on small projects.
H.
Permit extensions. A permit holder or his successor may request the
Commission to extend the effective period of a Norwell wetlands permit.
The Commission may extend a permit when a project has not been completed
during the three-year period that the permit is in effect, as long
as the project has been started and the applicant defines a date certain
when the project will be completed. In no case will the Commission
extend a permit for more than three additional years.
Definitions of resource areas are found in subsequent sections
for each resource area. (This section is reserved for additional definitions.)
The Commission finds that regulations applicable to activities in the following resource areas are necessary and proper to protect the wetland interests stated in § 303-2 of these regulations.
A.
General provisions. All approved projects will be designed and executed
so that stormwater is controlled and no direct discharge to a resource
area is created. Stormwater will be controlled using the most current
best management practices as defined by the DEP (Department of Environmental
Protection), other regulatory bodies, relevant professional associations,
or by additional standards which may be adopted by the Commission.
In addition, all work will be conducted in such a way that there will
be no adverse effect on other properties that are not considered part
of the approved project.
B.
Land under inland water bodies and waterways: rivers, creeks, streams,
ponds, ditches or flats.
(1)
Characteristics and definition: as defined in 310 CMR 10.56 with
the following additions:
(a)
A pond is the same as 310 CMR 10.56(2) with the following addition:
The term "pond" shall include any open body of fresh water with a
surface area observed or recorded within the last 10 years of at least
5,000 square feet. Ponds shall contain standing water except for periods
of extended drought. For the purposes of this subsection, the definition
of "extended drought" is the same as 310 CMR 10.58(2)(a)1f.
(b)
The definition of stream in 310 CMR 10.04 is replaced with:
"Stream" means a body of running water, including brooks and creeks,
which moves in a definite channel in the ground due to a hydraulic
gradient, and which flows within, into or out of an area subject to
protection under MGL c. 131, § 40. A portion of a stream
may flow through a culvert or beneath a bridge. Such a body of running
water which does not flow throughout the year (i.e., which is intermittent)
is a stream regardless of topographic location.
(2)
Protected interests. Whenever a proposed project involves removing,
filling, dredging, altering or building upon water bodies or the land
beneath them, the Commission shall find that the water bodies and
the land beneath them are significant to the protection of the following
interests: groundwater, flood control, public water supply, wildlife
habitats, private water supply, public safety, prevention of water
pollution, recreation, prevention of storm damage, aesthetics, water
quality, wildlife, sedimentation control, rare plant and animal species,
fish/shellfish habitat, fisheries, and erosion control. These findings
may be overcome only upon a clear and convincing showing that the
water body or the land beneath it does not play a role in protecting
one or more of the interests given above and only upon a determination
to that effect by the Commission.
(3)
Performance standards. When land under an inland water body or land
within 100 feet of land under an inland water body is determined to
be significant to an interest protected by the bylaw, the following
regulations shall apply:
(a)
The Commission may impose such requirements as are necessary
to protect the interests under the bylaw, including provision to minimize
disturbance of buffer zone within 100 feet of a resource area when
the pre-application condition is undisturbed.
(b)
The fifty-foot no build zone applies to this resource area.
C.
Salt marshes.
(1)
Characteristics and definition: same as 310 CMR 10.32(2).
(2)
Protected interests. Whenever a proposed project involves removing,
filling, dredging, altering or building upon a salt marsh, the Commission
shall find that the salt marsh is significant to the protection of
the following interests: groundwater, public water supply, wildlife
habitats, private water supply, public safety, prevention of water
pollution, recreation, prevention of storm damage, aesthetics, water
quality, wildlife, sedimentation control, rare plant and animal species,
fish/shellfish habitat, fisheries, and erosion control. These findings
may be overcome only upon a clear showing that the salt marsh does
not play a role in protecting one or more of the interests given above
and only upon determination to that effect by the Commission.
(3)
Performance standards. When a salt marsh or land within 100 feet
of a salt marsh is determined to be significant to an interest protected
by the bylaw, the following regulations shall apply:
(a)
The Commission may impose such requirements as are necessary
to protect the interests protected by the bylaw, including minimizing
the disturbance in the buffer zone when the pre-application condition
is undisturbed.
D.
Land subject to flooding (both bordering and isolated areas).
(1)
Characteristics and definition: same as CMR 310 CMR 10.57(2) with
the following addition: The term "isolated land subject to flooding"
shall include an area, depression, or basin that holds at minimum
one-eighth acre-foot of water and at least six inches of standing
water once a year. The jurisdictional buffer zone for isolated land
subject to flooding shall extend 100 feet from the highest extent
of flooding, defined as the mean annual high-water line.
(2)
Protected interests. Whenever a proposed project involves removing,
filling, dredging, altering or building upon land subject to flooding,
the Commission shall find that the land is significant to the protection
of the following interests: groundwater, public water supply, wildlife
habitats, private water supply, public safety, prevention of water
pollution, recreation, prevention of storm damage, aesthetics, water
quality, wildlife, sedimentation control, rare plant and animal species,
and erosion control. These findings may be overcome only upon a clear
showing that land subject to flooding does not play a role in protecting
one or more of the interests given above, and only upon a determination
to that effect by the Commission.
(3)
Performance standards. When a land subject to flooding, bordering
or isolated, or land within 100 feet of land subject to flooding,
bordering or isolated, is determined to be significant to an interest
protected by the bylaw, the following regulations shall apply:
(a)
Projects on land subject to flooding shall be permitted only
in connection with such procedures determined by the Commission as
not having the effect of reducing the ability of the land to absorb
and contain floodwaters.
(b)
The Commission may require compensating or greater flood storage
capacity in the same watershed if it permits any filling of land subject
to flooding, and all filling of areas subject to flooding shall be
strictly minimized. Except as stated in the preceding sentence, no
proposed project shall be permitted to displace or direct floodwaters,
through fill or other means, to other areas.
(d)
A vernal pool protection zone, as defined under these regulations,
is 100 feet.
(e)
The Commission may impose such additional requirements as are
necessary to protect the interests protected by the bylaw.
E.
Vernal pools.
(1)
Characteristics and definition.
(a)
Vernal pools are a special type of land subject to flooding, which
the Commission recognizes as having unique habitat functions. The
term "vernal pool" shall include any confined basin or depression
which, at least in most years, holds water for a minimum of two continuous
months during the spring and/or summer, contains at least 200 cubic
feet of water at some time during most years, is free of adult predatory
fish populations, and provides essential breeding and rearing habitat
functions for amphibian, reptile, or vernal pool community species,
regardless whether or not the site has been certified by the Massachusetts
Division of Fisheries and Wildlife. This definition does not include
vernal pools occurring in lawns, gardens, landscaped areas, or driveways
that have existed for more than 10 years.[2]
[2]
Editor's Note: Amendment pending.
(b)
The presumption of essential habitat value may be overcome by the
presentation of credible evidence which, in the judgment of the Commission,
demonstrates that the basin or depression does not provide the habitat
functions as specified in the bylaw regulations. Protection of the
fifty-foot no build zone applies to vernal pools. In addition, a vernal
pool protection zone shall extend 100 feet from the mean annual high-water
line defining the depression.
(2)
Additional performance standard for vernal pools. In recognition
of the ecological requirement for an undisturbed area around a vernal
pool for it to maintain its habitat value, the Commission will encourage
applicants to minimize disturbance in the one-hundred-foot vernal
pool protection zone around a vernal pool.
F.
Vegetated wetlands (meadows, marshes, swaps and bogs).
(1)
Characteristics and definition.
(a)
Vegetated wetlands are freshwater wetlands which do or do not
border on creeks, rivers, streams, ponds and lakes. The types of freshwater
wetlands are wet meadows, marshes, swamps and bogs. Vegetated wetlands
are areas where soils are saturated and/or inundated such that they
support a predominance (greater than 50%, based on a standardized
grid) of wetland indicator plants. The groundwater and surface water
regime and the vegetational community which occur in each type of
freshwater wetland are specified in MGL c. 131, § 40.
(b)
The boundary of vegetated wetlands is the line within which
50% or more of the vegetational community consists of wetland indicator
plants and saturated or inundated conditions exist. Wetland indicator
plants shall include but not necessarily be limited to those plant
species identified in the Act. Wetland indicator plants are also those
classified in the indicator categories of facultative, facultative+,
facultative wetland-, facultative wetland, facultative wetland+, or
obligate wetland in the National List of Plant Species that Occur
in Wetlands: Massachusetts (Fish and Wildlife Service, United States
Department of the Interior, 1988) or plants exhibiting physiological
or morphological adaptations to life in saturated or inundated conditions.
[1]
Areas containing a predominance of wetland indicator plants
are presumed to indicate the presence of saturated or inundated conditions.
Therefore, the boundary as determined by 50% or more wetland indicator
plants shall be presumed accurate when:
[a]
All dominant species have an indicator status of
obligate, facultative wetland+, facultative wetland, or facultative
wetland- and the slope is distinct or abrupt between the upland plant
community and the wetland plant community;
[b]
The area where the work will occur is clearly limited
to the buffer zone; or
[c]
The Conservative Commission determines that the
sole reliance on wetland plants will yield an accurate delineation.
[2]
When the boundary is not presumed accurate as described in 310
CMR 10.55(2)(c)1a through c or to overcome the presumption, credible
evidence shall be submitted by a competent source demonstrating that
the boundary of vegetated wetlands is the line within which 50% or
more of the vegetational community consists of wetland indicator plants
and saturated or inundated conditions exist. The Commission will evaluate
vegetation and indicators of saturated or inundated conditions if
submitted by a credible source or may require credible evidence of
saturated or inundated conditions sufficient to support wetland indicator
plants shall include one or more of the following:
[3]
Where an area has been disturbed (e.g., by cutting, filling,
or cultivation), the boundary is the line within which there are indicators
of saturated or inundated conditions sufficient to support a predominance
of wetland indicator plants, or credible evidence from a competent
source that the area supported or would support under undisturbed
conditions a predominance of wetland indicator plants prior to the
disturbance.
(2)
Protected interests. Whenever a proposed project involves removing,
filling, dredging, altering or building upon a vegetated wetland,
the Commission shall find that the vegetated wetland is significant
to the protection of the following interests: groundwater, flood control,
public water supply, wildlife habitats, private water supply, public
safety, prevention of water pollution, recreation, prevention of storm
damage, aesthetics, water quality, wildlife, sedimentation control,
rare plant and animal species, fish/shellfish habitat, fisheries and
erosion control. These findings may be overcome only upon a clear
showing that the vegetated wetland does not play a role in protecting
one or more of the interests given above and only upon a determination
to that effect by the Commission.
(3)
Performance standards. When vegetated wetlands or land within 100
feet of vegetated wetlands is determined to be significant to an interest
protected by the bylaw, the following regulations shall apply:
G.
Riparian zone or riverfront area.
(1)
Characteristics and definition: same as defined at 310 CMR 10.58(1)
and (2).
(2)
Protected interests. When a proposed activity involves work within
the riparian zone/riverfront area, the Commission shall presume that
the area is significant to the protection of the following interests:
private or public water supply, groundwater, flood control, storm
damage prevention, pollution prevention, land containing shellfish,
wildlife habitat, fisheries, aesthetics, water quality, sedimentation
control, rare plant and animal species and erosion control. These
findings may be overcome upon a clear showing that the riparian zone/riverfront
area does not play a role in protecting one or more of the interests
given above and only upon a determination to that effect by the Commission.
(3)
Performance standards. When a riparian zone/riverfront area is determined
to be significant to an interest protected by the bylaw, the following
regulations shall apply:
(a)
Except as stated below, the Commission hereby incorporates 310
CMR 10.58 in its regulations for land within 200 feet of rivers and
perennial streams; the protection of these resources is extended to
all rivers and perennial streams within the Town of Norwell including
the North River.
(b)
Notwithstanding the above, a river is any natural flowing body
of water that empties to any ocean, lake, pond, other river, stream
or wetland and which flows throughout the year. Perennial rivers,
streams and creeks are rivers; intermittent streams are not. Notwithstanding
310 CMR 10.58, the burden of proof shall be on any applicant to show
that a river, stream or creek is not perennial (i.e., is intermittent).
The Norwell Conservation Commission requires certain fees to
be paid to the Town of Norwell when an applicant requests review and
consideration of an application. The fees required under these regulations
are in addition to those required by the Wetlands Protection Act (MGL
c. 131, § 40) and regulations (310 CMR 10.00).
A.
Application fees. The Norwell Conservation Commission will post an
application fee schedule approved by the Commission following a public
hearing and approval by a majority of the Commission members. Following
approval by the Commission, the fee schedule table is incorporated
by reference into these regulations. At the time of an application,
the applicant shall submit a filing fee specified in the filing fees
table. The Commission may waive the filling fee, costs and expenses
for a permit application filed by a government agency or nonprofit
entity.
B.
Consultant fee.[1]
(1)
As provided by MGL c. 44, § 53G, the Norwell Conservation
Commission may impose reasonable fees for the employment of outside
consultants, engaged by the Conservation Commission, for specific
expert services deemed necessary by the Commission to come to a final
decision on an application submitted to the Conservation Commission
pursuant to the requirements of the Wetlands Protection Act (MGL c.
131, § 40), the Norwell Wetlands Bylaw, Conservation Commission
Act (MGL c. 40, § 8C), or any other state or municipal statute,
bylaw or regulation, as they may be amended or enacted from time to
time.
(2)
Funds received by the Conservation Commission pursuant to these rules
shall be deposited with the Norwell Town Treasurer-Collector who shall
establish a special account for this purpose. Expenditures from this
special account may be made at the direction of the Conservation Commission
without further appropriation as provided in MGL c. 44, § 53G.
Expenditures from this account shall be made only in connection with
the review of a specific project or projects for which a consultant
fee has been collected from the applicant.[2]
[2]
Editor's Note: Amendment pending.
(3)
Specific consultant services may include but are not limited to resource
area survey and delineation, analysis of resource area values, hydrogeology
and drainage analysis, impacts on municipal conservation lands, and
environmental or land use law. The consultant shall be chosen by,
and report only to, the Commission and/or its agent.
(4)
The Conservation Commission shall give written notice to the applicant
of the selection of an outside consultant, which notice shall state
the identity of the consultant, the amount of the fee to be charged
to the applicant, and a request for payment of said fee in its entirety.
Such notice shall be deemed to have been given on the date it is mailed
or delivered. No such costs or expenses shall be incurred by the applicant
if the application or request is withdrawn within five days of the
date notice is given.
(5)
The fee must be received in its entirety prior to the initiation
of consulting services. The Commission may request additional consultant
fees if necessary review requires a larger expenditure than originally
anticipated or new information requires additional consultant services.
Failure by the applicant to pay the consultant fee specified by the
Commission within 10 business days of the request for payment shall
be cause for the Commission to determine that the application is administratively
incomplete (except in the case of an appeal). The Commission shall
state such in a letter to the applicant, copied to the DEP. No additional
review or action shall be taken on the permit request until the applicant
has paid the requested fee.
(6)
The applicant may appeal the selection of the outside consultant
to the Norwell Board of Selectmen, which may disqualify the outside
consultant selected only on the grounds that the consultant has a
conflict of interest or does not possess the minimum required qualifications.
The minimum qualifications shall consist of either an educational
degree or three or more years of practice in the field at issue or
a related field. Such an appeal must be in writing and received by
the Norwell Board of Selectmen and a copy received by the Conservation
Commission so as to be received within 10 days of the date consultant
fees were requested by the Conservation Commission. The required time
limits for action upon the application shall be extended by the duration
of the administrative appeal.
[1]
Note: Adopted by unanimous vote of the Norwell Conservation
Commission on November 18, 2003, as rules for hiring outside consultants
under MGL c. 44, § 53G.
A.
Advertising public hearings and meetings. The Conservation Commission
shall send notice of the public hearing to a newspaper of local circulation.
The applicant is responsible for the cost of the legal notice.
B.
Statement of compliance. At the completion of a project, the Norwell
wetlands permit holder, or his successor, shall request that the Commission
terminate the wetlands permit by issuing a statement of compliance.
The Commission will issue a statement of compliance following a review
of the project, a site visit if deemed necessary, and a determination
that the conditions in the permit were met. Expired permits can receive
a statement of compliance if the requirements of the permit were met.
If there are outstanding conditions that were not met, a permit extension
may be necessary to complete the project before a statement of compliance
is considered. In certain special circumstances, the Commission may
issue a statement of compliance for a project that is not completed
when the permit holder provides sufficient funds to complete the work
in the event the permit holder fails to do so within a reasonable
period of time. Funds received by the Conservation Commission for
this purpose shall be deposited with the Norwell Town Treasurer-Collector
who shall establish a special account for this purpose. Expenditures
from this special account may be made at the direction of the Conservation
Commission without further appropriation as provided in MGL c. 44,
§ 53G. Expenditures from this account shall be made only
to complete the work in accordance with the order of conditions. The
Commission will return unused funds to the permit holder when the
required work has been completed to the satisfaction of the Commission
or its agent.[1]
[1]
Editor's Note: Amendment pending.
C.
Recording with Registry of Deeds or Land Court. If the applicant
fails to record any of the following documents (Norwell wetlands permit,
notification of non-significance, extension permit, and statement
of compliance) issued by the Commission within 20 business days of
the date of issuance, the Commission is empowered to record them at
the applicant's expense. As proof of recording, the applicant must
deliver to the Commission the recording slip at the bottom of the
document. If the Commission must record any document, the applicant
will be charged the cost of registration plus a fee of $150. The Commission
may issue an enforcement order as a result of failure to record at
the Registry.
