As part of a permit issued under this bylaw, in addition to
any security required by any other municipal or state board, agency
or official, the Commission may require that the performance and observance
of the conditions imposed thereunder (including conditions requiring
mitigation work) be secured wholly or in part by one or more of the
methods described in Subsections A and B below:
A. By a proper
bond or deposit of money or negotiable securities or other undertaking
of financial responsibility sufficient, in the opinion of the Commission,
to be released in whole or in part upon issuance of a certificate
of compliance for work performed pursuant to the permit;
B. By a 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 this municipality, whereby the permit conditions
shall be performed and observed before any lot may be conveyed other
than by mortgage deed. This method shall be used only with the consent
of the applicant.
No person shall remove, fill, dredge, build upon, degrade or
otherwise alter resource areas protected by this bylaw, 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 pursuant to this bylaw.
A. Enforcement
authority.
(1) The
Commission, its agents, officers and employees shall have authority
to enter upon privately owned land for the purpose of performing their
duties under this bylaw and may make or cause to be made such examinations,
surveys or sampling as the Commission deems necessary, subject to
the Constitutions and laws of the United States and the commonwealth.
(2) The
Commission shall have authority to enforce this bylaw, its regulations
and permits issued hereunder by violation notices, administrative
orders and civil and criminal court actions, and by noncriminal disposition
pursuant to MGL c. 40, § 21D. Any person who violates provisions
of this bylaw may be ordered to restore the property to its original
condition and take other action deemed necessary to remedy such violations,
or may be fined, or both.
(3) Upon
request, the Commission, the Board of Selectmen 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 the criminal law.
(4) Municipal
boards and officers, including any police officer or other officer
having police powers, shall have the authority to assist the Commission
in enforcement.
B. Any person
who violates any provision of this bylaw, or regulations, permit or
administrative orders issued thereunder, shall be punished by a fine
of not more than $300. 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 orders violated
shall constitute a separate offense.
A decision of the Commission shall be reviewable in the Superior
Court in accordance with MGL c. 249, § 4.
This bylaw is adopted under the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule statutes, independent of the Wetland
Protection Act, MGL c. 131, § 40, and regulations, 310 CMR
10.00, thereunder.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.