[HISTORY: Adopted by the Town Meeting of the Town of Hull 5-4-1999 ATM by Art. 24 (Ch. 83 of the 1989 Code). Amendments noted where applicable.]
[Amended 5-6-2003 ATM by Art. 39]
Any person or entity to whom an Enforcement Order has been issued by or on behalf of the Conservation Commission shall comply with same. Any person or entity who fails to comply to the terms of an Enforcement Order issued by or on behalf of the Conservation Commission by the date specified within the order shall be in violation of this bylaw and shall be subject to a fine of $50 per day for each day of violation, provided however that the issuance of the Enforcement Order has been ratified by the Hull Conservation Commission if it has been issued on its behalf. Each day of non-compliance shall constitute a violation.
Fines imposed may be assessed in accordance with the non-criminal section of the Town of Hull Code/Bylaw[1] or by complaint to the appropriate court.
[1]
Editor's Note: See Ch. 1, Art. II, Penalties and Enforcement.
Nothing in this section shall prevent any person or entity from exercising his or her right of appeal.
[Added 5-6-2024 ATM by Art. 28]
Unless otherwise exempted by law, applications for a hearing before the Conservation Commission are required and a hearing held, before conducting any activities that may impact natural resources protected by the Massachusetts Wetlands Act (G.L. C. 131, § 40) and/or other applicable law. These procedures are detailed in 310 CMR 10.05 and other applicable law. After-the-fact applications for the following procedures have additional Conservation Commission administrative fees:
A. 
Notice of Intent (NOI). A NOI is a standard application for a proposed activity which is likely to impact on a site or nearby wetland resource areas. The Conservation Commission is the Town appointed body responsible for review of a NOI. The information supplied with the NOI is the primary data base used in making decisions on wetlands projects. Complete and accurate submissions minimize possible delays to secure necessary information.
B. 
Request for Determination of Applicability (RDA). Any person who would like a formal decision as to whether the Conservation Commission has jurisdiction over a specific area or a proposed activity (or both) may file a RDA with the Conservation Commission.
[Added 5-6-2024 ATM by Art. 28]
A. 
Payments to the Town of Hull in accordance with the fee schedule established herein or otherwise provided for by law shall accompany all after-the-fact NOIs and RDAs. Fees are payable at the time of application and are nonrefundable.
B. 
The applicant is responsible for payment of the fee or cost to provide public notice for publishing in the local newspaper.
C. 
After-the-fact-fee schedule: Filing fee for any after-the-fact RDA and NOI shall be in addition to the Commonwealth of Massachusetts fee (310 CMR 10.03(7)) associated with the NOI application (Mass Dept. of Environmental Protection WPA Form 3), set forth as follows:
Requests for Determination of Applicability
$50
Notice of Intent*
Category 1
$100
Category 2
$275
Category 3
$550
Category 4
$750
Category 5
$3/foot (not less than $100
Category 6
$3/foot (not less than $100)
* [Notice of Intent Categories] (from Mass DEP Form wpa3rnsf. doc, ref. 1/03/13):
CATEGORY 1: $100
a)
Work on single family lot: addition, pool, etc.
b)
Site work without house.
c)
Control vegetation (SFH): removal, herbicide, etc.
d)
Resource improvement.
e)
Work on septic system separate from house.
f)
Monitoring well activities minus roadway.
CATEGORY 2: $275
a)
Construction of single family house (SFH).
b)
Parking lot.
c)
Beach nourishment.
d)
Electric generating facility activities.
e)
Inland limited projects minus road crossings.
f)
New agricultural or aqua-cultural projects.
g)
Each crossing for driveway to SFH.
h)
Any point source discharge.
CATEGORY 3: $550
a)
Site preparation (for develo pment beyond NOI scope).
b)
Each building (for development) including site.
c)
Road construction not crossing or driveway.
d)
Hazardous clean up.
CATEGORY 4: $750
a)
Each crossing for development or commercial road.
b)
Dam, sluiceway, tide gate work.
c)
Landfill.
d)
Sand and gravel operation.
e)
Railroad line construction.
f)
Control vegetation in development (SFH).
g)
Bridge (SFH).
h)
Water level variation.
i)
Hazardous waste alterations to resource area.
j)
Dredging.
k)
Package treatment plant and discharge.
CATEGORY 5: $3 per linear foot ($100 minimum)
a)
Docks, piers, revetments, dikes, etc.
CATEGORY 6: $3 per linear foot ($100 minimum)
a)
Boundary delineations for wetlands resources.