[HISTORY: Adopted by the Town Meeting of the Town of Norfolk as 10-23-2007 (Art. VII, § 8, of the General Bylaws). Amendments noted where applicable.]
[Amended 5-10-2022 ATM by Art. 18]
The purpose of this bylaw is to protect against erosion and sedimentation; to limit adverse impacts to adjacent properties; to protect against attractive nuisances; and to preserve scenic and historic vistas by ensuring that any property or portion thereof that is cleared in preparation for construction or any other purposes is not left in an open and unstabilized state.
All properties that have been cleared of trees, shrubbery, grass, topsoil and/or any other natural features shall be considered an unstabilized property which shall require a special permit under this bylaw if such property remains in an unstabilized state for more than 60 days. This bylaw shall apply to all unstabilized properties even if such property is the subject of a permit for construction, earth removal, improvement or alteration of any type. This bylaw shall also apply to all properties that are the subject of such permit under which activities have been commenced if such activities are delayed, postponed, halted, ceased or otherwise inactive for any period of 60 days or more. Under this bylaw, unstabilized property shall not include:
A. 
Property on which any activities, in the aggregate, destabilize less than 7,500 square feet; and
B. 
Property on which clearing, plowing, tilling, harvesting or other destabilizing activities are associated with any legitimate agricultural activity.
All owners of unstabilized properties must apply to the Select Board for a special permit for the stabilization of such property or such other orders and conditions as the Select Board may deem appropriate to satisfy the provisions of this bylaw. Similarly, the Select Board may issue orders hereunder for any unstabilized property that does not voluntarily seek a special permit hereunder.
Any application, order or special permit hereunder shall make accommodations for the temporary or permanent landscaping of an unstabilized property that shall, in the discretion of the Select Board, be necessary for the stabilization of the subject property. At the very least, such landscaping improvements shall include the placement of fertile topsoil and the maintenance of grass thereon; provided, however, that for good cause shown, the Select Board may allow an unstabilized property to remain in an unstabilized state for an additional 60 days. In reviewing the propriety of any landscaping improvements, it must be demonstrated that the proposed landscaping improvements comply with accepted standards for stormwater management, including state, local and federal guidelines, as well as recognized best management practices. In issuing a special permit hereunder, the Select Board may impose any such conditions as may be necessary to further the purposes of this bylaw, including, but not limited to, conditions for the continued maintenance of landscaping improvements. The Select Board may also waive strict compliance with the terms hereof where good cause is demonstrated by the applicant.
A public hearing shall be held on each application for a permit under this bylaw. The Board shall cause a notice of the public hearing to be published at the expense of the applicant in a daily or weekly newspaper in general circulation in the Town at least 14 days prior to the date of said hearing. The notice shall set forth the name of the applicant and the location of the premises. Every applicant or an agent on their behalf shall, within three days after publication as herein provided, cause a copy of the published notice to be sent by certified mail, return receipt requested, to each of the persons appearing upon the Assessors' most recent valuation list as the owners of property abutting the premises for which a permit is sought, together with those persons appearing as owners across any public or private way from said premises. An affidavit of the applicant or of the person mailing such notice on their behalf, together with a copy of the notice mailed and the post office receipts for the certified mailings herein required, shall be filed with the Board as the first order of business at the public hearing. Such affidavit shall be prima facie evidence that notice has been given in compliance herewith.
[Amended 5-10-2022 ATM by Art. 18]
The Board shall be and hereby is authorized to set a reasonable application fee for all original and renewal applications for a special permit.
The Select Board shall be and is hereby authorized to determine the costs of any engineering fees incurred in the measurement of earth removed or to be removed under such permit. The engineering fees charged for each permit issued or renewed will be paid by the applicant.
The applicant shall provide plans of the proposed landscaping improvements along with the necessary documentation to demonstrate that such improvements satisfy the provisions of this bylaw.
[Amended 5-10-2022 ATM by Art. 18]
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
[Amended 5-10-2022 ATM by Art. 18]
Any person, firm, or corporation willfully violating, disobeying, or refusing to comply with any of the provisions of this bylaw shall be prosecuted under the terms of MGL c. 40, § 21, Clause 17, and shall be subject to a fine of $50 for the first offense, $100 for the second offense, and $200 for any subsequent offense. Each day of noncompliance shall constitute a separate offense. The Select Board may also enforce the provisions of this bylaw in equity in a court of competent jurisdiction. The Select Board may also revoke any special permit issued hereunder for violations of any terms thereunder.