The applicant shall provide written notice thereof at the same
time, by certified mail or hand delivery, to the Board of Selectmen,
Planning Board, Zoning Board of Appeals, Board of Health and Building
Inspector. The Commission shall not take final action until such boards
and officials have had seven days from receipt of notice to file written
comments and recommendations with the Commission. The Commission shall
take into account any comments or recommendations, but they 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 the public hearing, prior to final action.
No person shall remove, fill, dredge, build upon, degrade, or
otherwise alter protected resource areas, or cause, suffer, or allow
such activity, or leave in place unauthorized fill, or otherwise fail
to restore illegally altered land to its original condition, or fail
to comply with a permit or an enforcement order issued.
A. Identification of violations.
(1) Violations are identified by three primary means: observations by
the Conservation Commissioners, Wetland Consultant and citizens. Reports
of violations are always confidential; Commissioners and staff may
not reveal the source of any report of possible violations.
[Amended 6-22-2020 by
Art. 11]
(2) When possible violations are reported, a Commissioner or the Wetland
Consultant will determine whether a violation exists and if an enforcement
order is necessary. The Wetland Consultant may consult with the Commission
Chairman and other members as necessary, but if time or other constraints
exist, may proceed employing best judgment. Any enforcement order
issued by any individual must be ratified by the Commission at a public
meeting.
B. Violations.
(1) If a Commissioner or the Wetland Consultant confirms or strongly
suspects a violation, an enforcement order will be issued. Enforcement
orders will direct the property owners and contractors to stop work,
identify resource areas on the site, install erosion controls, and
meet with the Commission to discuss the violation.
(2) If a wetland line has been previously approved by the Commission,
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 Commission or enforcement order may 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 two weeks
from the date of the enforcement order. All enforcement orders will
be maintained in the conservation database and placed on file.
(3) At the subsequent meeting, the Commission will consider the following
aspects of the violation:
(a)
Value of the area to the statutory interests.
(e)
Feasibility of restoration.
(f)
Potential legal outcomes.
(g)
Potential financial burden to the Town of Dudley.
(4) The Commission shall have authority to enforce its regulations and
permits by the issuance of enforcement orders, administrative orders
and the initiation of civil and criminal court actions. Any person
who violates the provisions may be ordered to restore the property
to its original condition and take other action deemed necessary to
remedy such violations, fined, or both. The enforcing officers in
the noncriminal disposition procedure shall be members of the Conservation
Commission or its agents.
(5) Upon request of the Commission, the Town Administrator and the Town
Counsel shall take legal action for enforcement under civil law. Upon
request of the Commission, the Chief of Police shall take legal action
for enforcement under criminal law. Municipal boards and officers,
including any police officer or other officer having police powers,
shall have authority to assist the Commission in enforcement.
(6) As an alternative to criminal prosecution in a specific case, the
Commission may issue citations under the noncriminal disposition procedures
set forth in MGL c. 40, § 21D.
(7) In addition to any other remedies available under any law or this
bylaw, any person who violates any provision of this bylaw, regulation,
permit or administrative order issued may be fined according to the
fine schedule below.
(a)
The fine for filling in a wetland or resource area shall be
$75 per square foot per day. Each day or portion thereof during which
a violation continues, or unauthorized fill or other alteration remains
in place, shall constitute a separate offense, and each provision
of the bylaw, regulations, permits or administrative order(s) violated
shall constitute a separate offense.
[Amended 6-22-2020 by
Art. 11]
(b)
For all other violations, each day or portion thereof during
which a violation continues shall constitute a separate offense, and
each provision of the bylaw, regulations, permits or administrative
order(s) violated shall constitute a separate offense.
(8) In a specific case, the Commission may issue the following penalties
for wetland violations (not including filling of wetlands) after initial
notification by the Dudley Conservation Commission or its agents:
(a)
First day of offense: $100.
(b)
Second day of offense: $200.
(c)
Third day and all subsequent days of offense: $300.
A decision of the Commission shall be reviewable in the Superior
Court in accordance with MGL c. 249, § 4.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any order of conditions or determination, which previously
has been issued.