ARTICLE XXII EARTH REMOVAL BY-LAW
Section 1 General
1. On land outside the Aquifer Protection District, the removal of topsoil, borrow, rock, sod, loam, peat, humus, clay, sand, gravel, or other earth shall be done only in accordance with this by-law.
2. On land within the Aquifer Protection District, any permitted removal or relocation of topsoil, borrow, rock, sod, loam, peat, humus, clay, sand, gravel, or other earth shall be done in accordance with this bylaw.
3. In this Earth Removal By-law, the word “earth” refers to all geologic material, including without implied limitation, topsoil, borrow, rock, sod, loam, peat, humus, clay, sand, or gravel. The word “by-law” refers to this Earth Removal By-law. The word “relocation” refers to the movement of earth which disturbs the natural topography, including without implied limitation, stripping, filling or excavating.
Section 2 Exemptions
Not withstanding the other provisions of this by-law, no permit shall be required for the following activities:
1.The removal of less than 500 cubic yards of earth on any lot within any twelve-month period.
2. Removal of less than an aggregate of 1500 cubic yards of earth on any lot within any twelve month period incident to construction where such removal is explicitly allowed under currently valid building permits and/or Board of Health septic system permits.
3. Removal of earth under agreements governing road construction in an approved subdivision.
4. A valid earth removal permit issued prior to the adoption of this by-law shall be renewed by the Earth Removal Board subject to the following conditions:
1. Outside of the Aquifer Protection Zone
All earth removal done after the adoption of this by-law shall be subject to:
a. Section 4 of this bylaw: Removal
b. Section 5 of this by-law, Restoration;
c. the posting of a performance bond to assure satisfactory performance of the
requirements of this by-law;
d. any requirements or limitations in force under the existing permit.
2. Within the Aquifer Protection Zone
All earth removal done after the adoption of this by-law shall be subject to:
a. Section 4 of this by-law, Removal;
b. Section 5 of this by-law, Restoration:
c. the posting of a performance bond to assure satisfactory performance of the
requirements of this by-law;
d. any requirements or limitations in force under the existing permit.
Persons who have been, without interruption, on any lot removing earth or materials and/or processing, screening, crushing of earth materials prior to the adoption of the Zoning By-laws in February 1946 shall not be required to obtain a permit hereunder.
Section 3 Permits
1. Removal or relocation of earth shall be allowed only under a permit issued by the Earth Removal Board which shall consist of five (5) members appointed annually by the Board of Selectmen.
The Earth Removal Board shall consist of the following:
One member from the Board of Selectmen; One member from the Planning Board; One member from the Conservation Commission; One member from the Board of Water Commissioners; One member from the Board of Health.
2. Application for a permit for the removal or relocation of earth shall be submitted to the Earth Removal Board accompanied by a plan showing all natural and man-made features and boundaries of the lot or lots, including public and private wells, property lines, and names and addresses of all abutters.
Topography of the existing land shall be shown at five-foot (5’) contour intervals. All land within one hundred feet (100’) of the area from which the above material is to be removed, together with the proposed finish grades and the proposed cover vegetation and trees, shall be included on the plan.
The plan will be prepared by a Registered Land Surveyor or Civil Engineer.
3. Before granting a permit, the Earth Removal Board shall hold a public hearing and give due consideration to the location of the proposed work, to the general character of the neighborhood surrounding such location, to the protection of the water supplies and aquifers, to the general safety of the public on the public ways in the vicinity and to the recommendations of the Conservation Commission, the Planning Board and any other board or agency. At least ten (10) days prior to said hearing the applicant shall notify the abutters by certified mail as to the date, time and place of the public hearing and at the hearing shall provide the Earth Removal Board with proof of such notification. The Earth Removal Board shall cause to be published in a newspaper of general circulation in the Town a notice of said hearing once in each of two
successive weeks, the first publication being not less than 14 days before such hearing.
4. Before any work is begun, a performance bond or other collateral in an amount determined by the Earth Removal Board shall be posted to assure satisfactory performance of the requirements of this by-law and of such other conditions as the Board imposes as conditions to the issuance of its permit.
5. Permits are transferable, but only upon written notice of transfer being given to the Earth Removal Board and a new bond satisfactory to the Board having been received by it.
6. The Earth Removal Board may adopt any such forms necessary for the completion of its duties. The Board shall determine and post any permit and/or application fees it deems necessary.
7. Issuance of a permit under this section shall be recorded by the Earth Removal Board.
8. The Earth Removal Board shall not issue a permit for the removal or relocation of topsoil, borrow, rock, sod, loam, peat, humus, clay, sand, gravel or other earth from any lot within the Aquifer Protection Zone as shown on the Town zoning map which is not incident to construction upon that lot under a currently valid building permit or Board of Health septic system permit.
9. The Earth Removal Board shall issue a written decision within 60 days after the submission of the application for a permit for the removal or relocation of earth under this by-law.
Section 4 Removal
1. All work shall be conducted in accordance with the permit issued by the Earth Removal Board and in accordance with all other applicable by-laws, ordinances, regulations, and laws.
2. The Earth Removal Board shall specify a base grade below which no excavation shall take place. Finish grade shall not lie below a level than is ten feet (10’) above the natural seasonal high groundwater table for the site. Finish grade within the Aquifer Protection Zone shall not lie below a level that is fifteen feet (15’) above the natural seasonal high groundwater for the site.
3. The Earth Removal Board from time to time may require that the site be surveyed by a Registered Land Surveyor or Civil Engineer to determine compliance with this by-law. The cost of any such survey shall be borne by the permit holder.
4. Provision shall be made for safe drainage of water and for the prevention of wind or water erosion carrying material onto adjoining properties.
5. Except for good cause shown by the applicant, a fifty foot (50’) buffer strip shall be maintained at all boundaries of the lot, and no earth removal or relocation shall occur therein. All natural vegetation shall be retained in this buffer zone.
6. The sight and sound of equipment shall be screened from adjacent premises through the use of natural vegetation, additional plantings, fencing, if necessary.
7. Dust shall be controlled through watering of roads, but oiling for dust control is prohibited. Use of chlorides for dust control shall be prohibited within the Aquifer Protection Zone.
Section 5 Restoration
Forthwith following the expiration or revocation of a permit, or upon substantial cessation of operations for one year or more, or upon completion of removal or relocation to the extent covered by the performance bond, the entire area shall be restored as follows:
1. All land shall be so graded that no slope exceeds one vertical foot in three horizontal feet.
2. All boulders larger than one-half cubic yard and all tree stumps shall be buried or removed. Within the Aquifer Protection Zone all tree stumps must be removed.
3. The entire area, except exposed ledge rock, shall be covered by no less than six inches (6”) of topsoil, and shall be seeded and covered with two inches (2”) of hay mulch.
4. The performance bond shall not be released until the vegetation planted has become well established and the drainage of the lot has been demonstrated to be satisfactory.
Section 6 Additional Conditions
The Earth Removal Board may set conditions, in addition to the above, including but not limited to the duration of the permit, the hours of day during which removal or relocation may take place, and the vegetation to be planted. The Earth Removal Board may by unanimous vote, with a minimum of four members present and voting, where such action is allowable by law in the public interest, and not inconsistent with the purpose and intent of this by-law, waive strict compliance with any requirements of this by-law and its rules and regulations.
Section 7 Renewal or Revocation of Permit
1. No permit shall be issued under the provisions of this by-law to extend for a term of more than one year, but a permit may be renewed without a hearing upon written application by the permit holder.
2. Prior to renewal, the Building Inspector shall inspect the premises to determine whether the applicant for renewal has complied with the provisions of this by-law.
3. Upon receiving a complaint alleging a violation of these regulations, which has been verified by the Building Inspector, the Earth Removal Board shall hold a public hearing in accordance with the procedure outlined in Section 3.3 of these by-laws.
4. The Earth Removal Board, after a public hearing, may revoke or modify the permit for any material violation of the terms of the permit or of this by-law, and upon such revocation the operation shall be forthwith discontinued.
Section 8 By-law Construction
This by-law shall not interfere with or annul any zoning by-law or other regulation which is more restrictive. Where this by-law is more restrictive, it shall control.
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