The purpose of the Six Ponds Special District
is to establish zoning regulations that accomplish the following:
A.
Enhance protection of water quality within existing
and potential future zones of contribution to water supply wells;
B.
Enhance protection of water quality within the Herring
River watershed and the Pleasant Bay coastal embayments;
C.
Evaluate and protect future well areas to serve future
Town needs;
D.
Protect the water quality of Aunt Edie's, Cornelius
(Eldredge), Walker's, Oliver's, Black and Hawksnest Ponds;
E.
Protect the district's key natural resources, including
rare plant and wildlife habitat, wetlands and coastal plain pondshores,
unfragmented forest areas, fisheries, and wildlife corridors;
F.
Maintain the scenic character of area roads and views
of pondshores and woodlands;
G.
Preserve cultural landscapes, archaeological sites,
historic structures and traditional land uses within the district,
including agriculture;
H.
Restore areas of the district that have been significantly
degraded by excavation, mining, or other activities;
I.
Encourage the continued use of land within the district
for open space and recreational purposes; and
J.
Foster land uses that are compatible with the resource
protection goals of the district.
A.
The Six Ponds Special District encompasses approximately
1,350 acres of land area and approximately 114 acres of pond surface
area. The boundaries of the district are shown on a plan titled "Six
Ponds Special District" prepared by the Town of Harwich Planning Department
dated December 2000 which is hereby made a part of this bylaw. The
plan is on file in the Planning Department. The Six Ponds Special
District shall be shown on the Zoning Map of the Town of Harwich.
B.
Zoning districts. For the purpose of this bylaw, the
Six Ponds Special District is divided into the following zoning overlay
districts:
(1)
Zone A. To permit moderate density along the major
roadways of the Six Ponds District's perimeter while minimizing impacts
to its resources. Zone A encompasses all land within the Six Ponds
Special District 400 feet or less from one of the following roads:
Route 124, Queen Anne Road, Route 39 and Route 137.
(2)
Zone B. To maintain the rural and scenic character
of the district's interior and protect its resources. Zone B encompasses
all land more than 400 feet from one of the following roads: Route
124, Queen Anne Road, Route 39 and Route 137.
In addition to the definitions contained in the Town of Harwich Zoning Bylaw, § 325-2, the following definitions shall apply to the provisions of this bylaw:
Premises, including necessary structures and equipment, which
are used for the keeping or raising of livestock or the raising of
agricultural products, including a stand for the sale of produce,
50% or more of which is raised on the premises upon which the farm
stand is located. All such uses are to be defined as defined in MGL
c. 40A, § 3 and are subject to compliance with MGL c. 128
and MGL c. 131, § 40 (as described in "Farming in Wetland
Resource Areas," 1996).
See definition in § 325-2.
The coverage of an individual site by any building. For the purposes of this definition, a building is defined as set forth in § 325-2.
Any part of the area of a lot disturbed from its natural
state.
Removal or causing to be removed, through either direct or
indirect actions, trees, shrubs and/or topsoil from a site, or any
material change in the use or appearance of the land. Actions considered
to be clearing include, but are not limited to, causing irreversible
damage to roots or trunks, destroying the structural integrity of
vegetation, and/or any filling, excavation, grading or trenching in
the root area of a tree which has the potential to cause irreversible
damage.
The excavation and removal of sand, gravel, quarry or other
earth materials other than that which is incidental to and in connection
with construction of a building on the same lot.
A school owned and operated by a public, sectarian, denominational,
or nonprofit educational corporation. All such uses are to be defined
as defined in MGL c. 40A, § 3.
The act of transporting or placing (by any manner or mechanism)
material from, to, or on any soil surface or natural vegetation.
A subdivision plan allowing for variations in development
styles in order to minimize the impacts of development while preserving
open space in perpetuity.
Any excavating, clearing, filling, or the creation of impervious
surfaces, or any combination thereof, which alters the existing surface
of the land.
A subdivision consistent with MGL c. 41, §§ 81K
through 81GG and Town of Harwich rules and regulations.[1]
See "site coverage" in § 325-2 of this Zoning Bylaw.
A municipal use as defined in § 325-2 that would be compatible with the purpose of the district.
See definition of "church or religious use" in § 325-2 of this bylaw.
For the purposes of this article, the Planning Board is the special permit granting authority. The special permit granting authority of the Planning Board is outlined in § 325-51 of the Town of Harwich Zoning Bylaw.
[1]
Editor's Note: See Ch. 400, Subdivision of
Land and Site Plan Special Permits.
The following uses are conditionally allowed through a special permit to be granted by the Planning Board, provided that the use does not conflict with the purpose of the district or more specifically endanger or unacceptably impact district resources as described in § 325-90. For the purpose of this Article XVI (Six Ponds Special District), Article X, § 325-51 inclusive shall apply to any special permit under this Article XVI. As special permit granting authority, the Planning Board is authorized to waive submission requirements of § 325-51 if it deems a requirement to be duplicative or unnecessary.
A.
Within the underlying residential district:
(1)
Single-family dwelling with accessory apartment. For
existing lots lawfully laid out by plan or deed prior to the effective
date of this article the minimum required lot size within the Six
Ponds District shall be 60,000 square feet for any single-family dwelling
with accessory apartment. For all lots created after the effective
date of this article the minimum required lot size within the Six
Ponds District shall be 100,000 square feet for any single-family
dwelling with accessory apartment.
(2)
Bed-and-breakfast.
(3)
Flexible cluster development.
(4)
Swimming pools as an accessory to an allowed principal
use.
(5)
Grid subdivision as described in MGL c. 41, §§ 81K
through 81GG.
(6)
Earth removal/sand and gravel mining. An operation permit is required pursuant to § 325-102. Operators of cranberry bogs within the Six Ponds Special District using sand specifically in the operation of the bog are exempt from the requirements of § 325-102. Excavation associated with the construction of a permitted structure is exempt from the requirements of § 325-102.
B.
Within the underlying commercial district: mixed-use
development.
Any uses not specifically allowed as of right
or by special permit within this district are prohibited.
Any lawfully existing use of a structure or
land that does not conform to the provisions of this bylaw may continue.
Any change of such use shall be governed by the provisions of this
bylaw.
Lot size, lot width, setbacks, coverage and
height regulations shall be as set forth below:
A.
Zone A, up to 400 feet from the following roads: Route
137, Route 39, Queen Anne Road, and Route 124. Lots partially within
Zone A must have at least 50% of their lot area within Zone A to utilize
the Zone A dimensional requirements.
B.
Zone B, all other land within the district.
C.
Lots in more than one district. Where the district
boundary line between Zone A and Zone B divides a lot in existence
at the time such line is adopted, each portion of the lot shall comply
with the area requirements for the applicable zoning district.
E.
Preexisting lots. Existing lots lawfully laid out by plan or deed prior to the effective date of this article shall be considered lawfully preexisting, nonconforming lots, provided that the lot meets the provisions of § 325-7 of the Town of Harwich Zoning Bylaw.
F.
Developed lots. Structures on preexisting, nonconforming
lots may be added to or extended, and accessory structures exceeding
100 square feet constructed, on the provision that the addition, extension,
or accessory structure exceeding 100 square feet meets the following
criteria:
No person may clear any portion of a lot for
construction without first obtaining a foundation permit or a building
permit from the Building Department. No person shall undertake land
clearing/grading activities exceeding an area of 30,000 square feet
without first obtaining a special permit from the Planning Board.
While the clearing/grading of an area less than 30,000 square feet
does not require a special permit, compliance with the measures contained
in Subsection B(1) through (8) is encouraged for all development within
the district.
A.
Application requirements. Unless determined otherwise
by the Planning Board the following submittals are required at the
time of application:
(1)
A plan must be accurately drawn to scale (not less
than one inch equals 40 feet) on a sheet or sheets having dimensions
of not less than 11 inches by 17 inches. Multiple sheet site plan
sets must be labeled using the format of "Sheet 1 of _____, Sheet
2 of _____, etc." The plan must contain adequate drawings, symbols,
and notations to indicate the following information:
(a)
Seal and signature of the contributing registered
land surveyor for any plan showing property line locations and seal
and signature of the contributing registered civil engineer for any
plan proposing new or altered stormwater drainage facilities. Information
may be superimposed on a valid survey plan or a valid existing site
plan, provided that the following notation is included on the site
plan: "[This site plan was prepared by (name of preparer) using a
(plan of land/site plan) titled ____________________, dated ____________
and last revised on ____________, scale: __________, prepared by _______________.]"
(b)
Scaled site locus map (at a scale of one inch
equals 500 feet), Assessor map(s) and parcel number(s), North arrow,
graphic scale, title block, plan references, names of applicant(s)
and record owner(s) and date of site plan preparation.
(c)
Total area of property containing the site of
proposed development. Plans for redevelopment of a site shall show
all land on the subject parcel and any other parcels relating to the
subject use. Failure to show all property pertaining to the subject
use(s) may result in incomplete notification to all parties in interest
that may invalidate any approval obtained.
(d)
All existing and proposed contour lines at intervals
of no more than two feet.
(e)
All proposed structures and facilities, including
all property line setbacks.
(f)
Existing and proposed surface water drainage
facilities.
(g)
Location and extent of subsurface drainage and
sewage disposal facilities.
(h)
Location of existing waterlines, if any. The
location of proposed waterlines is to be determined pursuant to the
requirements of the Board of Water Commissioners and shall be shown
on the plan.
(i)
A zoning compliance table showing the required
and proposed dimensions/quantities or lot size, frontage, setbacks
(structures and parking), building coverage, site coverage, building
height, and clearing and grading area.
(j)
Delineation of all bodies of water, including
vernal pools, streams, ponds, and any wetlands as defined by MGL c.
131, § 40 located within 100 feet of any disturbance or
alteration on the site. Delineation of the one-hundred-year floodplain
should also be provided.
(k)
Plan indicating the limit of work. The limit
of work shall include all building, parking and vehicular use areas
and any grading associated with the proposed development. The plan
or accompanying narrative shall document the species and quantities
of specimen trees and/or other vegetation to be removed or relocated
within the project area.
B.
Granting of a special permit by the Planning Board
for clearing/grading shall be based on the applicant's ability to
prepare and execute a plan that meets the review standards listed
below. The applicant shall demonstrate that the following measures
are employed in the development of the site:
(1)
Site/building design shall preserve natural topography
outside of the development footprint to reduce unnecessary land disturbance
and to preserve natural drainage channels on the site.
(2)
Clearing of vegetation and alteration of topography
shall be limited to 30% of the site. Disturbed areas shall be revegetated
with native plants.
(3)
Clearing for utility trenching shall be limited to
the minimum area necessary to maneuver a backhoe or other construction
equipment. Roots should be cut cleanly rather than pulled or ripped
out during utility trenching. Tunneling for utility installation should
be utilized wherever feasible to protect root systems of trees.
(4)
In the design of a development or siting of a structure,
priority shall be given to retention of existing stands of trees,
trees at site perimeter, contiguous vegetation with adjacent sites,
and specimen trees.
(5)
Additional efforts to minimize the clearing and grading
on a site associated with construction activities shall be employed,
such as parking of construction vehicles, offices/trailers, stockpiling
of equipment/materials, etc., in areas already planned for permanent
structures. Topsoil shall not be stockpiled in areas of protected
trees, wetlands, and/or their vegetated buffers.
(6)
Finished grades should be limited to a slope no greater
than 4:1, while preserving, matching, or blending with the natural
contours and undulations of the land to the greatest extent possible.
(7)
The site shall be protected during construction through
erosion and sedimentation controls, such as the following:
(a)
Temporary or permanent diversions, berms, grassed
waterways, special culverts, shoulder dikes and other mechanical measures
as are necessary should be provided to intercept and divert surface
water runoff.
(b)
Erosion and sedimentation controls shall be
constructed in accordance with the Department of Environmental Protection
Stormwater Guidance Manual.
(c)
Erosion control measures shall include the use
of erosion control matting, mulches and/or temporary or permanent
cover crops. Mulch areas damaged from heavy rainfalls, severe storm
or construction activity shall be repaired immediately.
(d)
Runoff from impervious surfaces shall be recharged
on the site by stormwater infiltration basins, vegetated swales, constructed
wetlands or similar systems covered with natural vegetation. Runoff
shall not be discharged directly to ponds, streams, rivers or other
surface water bodies. All basins shall be preceded by oil, grease
and sediment traps. The mouths of all basins shall be fitted with
filter fabric during the entire construction process to minimize siltation.
Basins shall not be located within the three-hundred-foot wetland
buffer. Dry wells shall be used only where other methods are not feasible.
(8)
The site shall be revegetated immediately after grading.
(a)
Proper revegetation techniques shall be employed
using native plant species, proper seedbed preparation, appropriate
fertilizer and mulching to protect germinating plants. Revegetation
shall occur on cleared sites within seven calendar days of final grading
and shall occur during the planting season appropriate to the selected
plant species.
(b)
A minimum of four inches of topsoil shall be
placed on all disturbed surfaces that are proposed to be planted.
(c)
Finished grades shall be no higher than the
trunk flare(s) of trees to be retained.
A.
Shoreline location. The pond shoreline location for
the six ponds shall be measured from the extreme high-water line of
the ponds within the district.
B.
Prohibitions. The following are prohibited within
300 feet of the pond shoreline:
(1)
Septic systems (soil absorption systems) and leaching
fields.
(2)
Direct discharge of stormwater from roads, rooftops,
developed land areas and any other uses and/or activities.
(3)
Any disturbance or removal of natural vegetation,
with the exception of a single path not more than five feet wide to
provide access from a single point at the edge of the buffer zone
to the pond shore. Appropriate erosion controls, such as terracing
of the path, should be incorporated into any design. The layout of
this path must be reviewed and approved by the Conservation Commission.
(4)
Use of pesticides will be in conformity with 333 CMR
1.00 to 11.00 as authorized by the Commonwealth of Massachusetts Pesticide
Board.
(5)
All other structures.
C.
Nonconformity. In cases where existing lots lawfully
laid out by plan or deed prior to the effective date of this article
are too small to accommodate soil absorption systems, structures and/or
stormwater runoff discharge outside the three-hundred-foot buffer,
these structures shall be located at the maximum possible distance
from the shoreline elevation of the pond. Additional provisions for
protection of ponds, such as advanced wastewater treatment and evaluation
of nutrient loading capacity of adjacent pond, are advised in this
instance.
D.
Existing single-family homes. An existing single-family home shall become preexisting nonconforming if it, at the time of the adoption of this bylaw, does not meet the requirements of § 325-97. Any additions or alterations shall be consistent with the provisions of Subsection B for the express purpose of becoming as conforming as possible.
E.
Existing commercial structures. An existing commercial structure shall become preexisting nonconforming if it, at the time of the adoption of this bylaw, does not meet the requirements of § 325-97. Any additions or alterations shall be consistent with the provisions of Subsection B for the express purpose of becoming as conforming as possible.
A.
The following regulations shall apply to both sides
of the following roadways and roadway segments:
B.
New structures. The following criteria shall be met
to preserve the character and enhance safe travel on the scenic roadways:
(1)
New structures shall be set back at least 100 feet from the edge of pavement on any of the roadways or roadway segments described in Subsection A.
(2)
With the exception of a curb cut for a driveway, a minimum one-hundred-foot buffer of natural vegetation, including overstory and understory vegetation, shall be maintained along the frontage of all lots fronting on the roadways and roadway segments described in Subsection A.
(3)
Where lot depth or the three-hundred-foot pond buffer as required in § 325-99 would prevent development of a lot, the Planning Board may grant a special permit allowing development if the following criteria are met:
(a)
Dense plantings of evergreen vegetation combined
with the construction of berms to screen new construction from the
scenic road. Plant varieties shall be indigenous to the area and may
include rhododendron, cedar, white pine, American holly, inkberry,
spruce, fir and sheep laurel.
(b)
New lawn area shall not be planted within the
one-hundred-foot scenic road corridor.
(c)
New subdivisions shall be designed to incorporate
the one-hundred-foot scenic road corridor along subdivision roadways
as part of the required open space.
C.
Design guidelines. The following guidelines are recommended for new development and driveway construction on any of the roadways and roadway segments as described in Subsection A:
(1)
The use of shared driveways is encouraged whenever
two or more lots are being created by any division of land regulated
by the Subdivision Control Law.[1] A special permit from the Planning Board may reduce the frontage required by § 325-97 to a minimum of 100 feet for any lot that is subject to a permanent deed restriction requiring a shared driveway. The deed restriction language shall be submitted with the application for the division of the land and must be of a form and content acceptable to the Planning Board and Town Counsel. The deed restriction shall be recorded with the plan that divides the parcel. This provision shall only apply to the frontage dimensional requirement; no other dimensional requirement shall be lessened through this provision.
[1]
Editor's Note: See MGL c. 41, §§ 81K
to 81GG.
(2)
Where shared driveways are not feasible, applicants
are encouraged to design driveways and new subdivision roadways to
obscure views of new development from the scenic roadway.
(3)
The use of board fencing stained to blend with
the natural landscape or natural finish wooden fencing, especially
split rail fencing, is encouraged when installing fencing along front
lot lines.
(4)
Landowners and land developers are encouraged
to use siding and roofing colors that blend with the natural landscape.
Such colors include browns, grays, dark greens, and naturally stained
building materials.
(5)
New structures shall be sited to minimize obstruction
of existing views of the ponds from the scenic roadway.
This section is established to permit variation
in development styles and minimize the impacts of development while
preserving open space in perpetuity for the protection of natural
resources, protecting the historical and archaeological resources
of the district, and providing for the efficient layout of roads and
utilities.
A.
Application. A flexible cluster development (FCD)
or grid subdivision (GS) as defined in MGL c. 41, §§ 81K
to 81GG is permitted in the Six Ponds Special District by special
permit from the Planning Board.
B.
Permitted uses. The following uses are permitted in
a flexible cluster development or grid subdivision:
C.
Density requirements. The total number of residential units allowable within a flexible cluster residential development shall not exceed the number of units that would be allowed as demonstrated under a conventional grid subdivision according to the dimensional requirements of § 325-97 and in conformance with the Town of Harwich Zoning Bylaw and the Town of Harwich Rules and Regulations Governing the Subdivision of Land and Site Plans,[1] most recent edition, without bonuses, variances or waivers.
The sharing of driveways is encouraged to reduce curb cuts.
[1]
Editor's Note: See Ch. 400, Subdivision of
Land and Site Plan Special Permits.
D.
Density calculation. The allowed number of dwelling
units (density) in an FCD shall be calculated as follows:
(1)
For the purposes of calculating the number of
dwelling units for an FCD, the applicants shall list which map and
parcel numbers of land in their ownership they wish to develop.
(2)
Land that is the subject of a permanent conservation
restriction or that has been dedicated as open space by any special
permit or "development of regional impact" decision shall not be used
in the density calculation.
F.
Wastewater. The FCD shall comply with the provisions
of 310 CMR 15.00 of the State Environmental Code (Title V) and the
on-site wastewater disposal regulations of the Board of Health.
G.
Common open space. Within an FCD all land area not
utilized for lots, roads, and drainage shall be set aside as open
space. Applicants are encouraged to include any areas of high natural
resource value or historic resource value within this open space.
Common open space shall be maintained in an open and natural condition,
without clearing, in its natural condition for the protection of habitat.
The open space shall be used, designed and maintained in accordance
with the following standards:
(1)
Purposes. Open space shall be used solely for
recreation, conservation or agricultural purposes by residents of
the FCD and/or the public. The proposed use of the open space shall
be specified in the application and depicted on the plan. The Planning
Board shall reserve the authority to approve or disapprove use(s)
proposed for designated open space.
(2)
Open space shall be planned as large, contiguous
areas wherever possible. Long, thin strips or narrow areas of open
space (less than 100 feet wide) shall occur only when necessary for
access, as vegetated buffers along wetlands or the perimeter of the
site, or as connections between open space areas.
(3)
Open space shall be arranged to protect valuable
natural and cultural environments such as stream valleys, wetland
buffers, unfragmented forestland and significant trees, wildlife habitat,
open fields, scenic views, trails, and archaeological sites and to
avoid development in hazardous areas such as floodplains and steep
slopes. The development plan shall take advantage of the natural topography
of the parcel.
(4)
Where a proposed development abuts land held
for conservation purposes, including the designated open space of
a preapproved open space residential development or flexible cluster
development, the development shall be configured to minimize adverse
impacts to abutting conservation land or designated open space of
a preapproved open space residential development or flexible cluster
development. Trail connections should be provided where appropriate.
H.
Common open space ownership and management. At the
developer's option and subject to approval by the Planning Board,
all areas to be protected as permanent open space shall be:
(1)
Conveyed to the Town to be placed under the
care, custody and control of the Conservation Commission and be accepted
by it for open space use; land conveyed to the Town will be open for
public use;
(2)
Conveyed to a nonprofit organization, the principal
purpose of which is the conservation or preservation of open space,
with a conservation restriction; such organization shall be acceptable
to the Board as a bona fide conservation organization; or
(3)
Conveyed to a corporation or trust owned or
to be owned by the owners of lots or residential units within the
development (i.e., homeowners' association) and placed under conservation
restriction. The documents which form said association are subject
to approval by the Planning Board. If such a corporation or trust
is utilized, as indicated herein, ownership thereof shall pass with
conveyance of the lots or residential units. The developer is responsible
for the maintenance of the open space and other facilities to be held
in common until such time as the homeowners' association is capable
of assuming such responsibility. Thereafter, the members of the association
shall share the cost of maintaining the open space. The Planning Board
shall require the applicant to provide documentation that the homeowners'
association is an automatic (mandatory) association that has been
established prior to the conveyance of any lots within the subdivision.
I.
Review procedure.
(1)
Submission requirements.
(a)
Any person who seeks approval of the Planning
Board for a flexible cluster development or grid subdivision shall
file with the Board the following:
[1]
One linen or reproducible copy and 13 positive
prints of the flexible cluster or grid plan.
[2]
A properly executed application form.
[Amended 5-8-2012 STM by Art. 5]
[3]
One linen or reproducible film copy and four
positive prints of all plans, profiles, and cross sections showing
proposed design and location of streets, sidewalks, drainage, sanitary
sewers (if any), and water supply (if any).
(b)
The applicant shall file by delivery or registered
mail a notice with the Town Clerk stating the date of submission of
the flexible cluster or grid plan and accompanied by a copy of the
completed application form.
[Amended 5-8-2012 STM by Art. 5]
(c)
The applicant shall submit to the Harwich Board
of Health one copy of the flexible cluster or grid plan and any additional
material needed by the Board of Health to determine which, if any,
of the lots shown on the flexible cluster or grid plan can be used
for building sites without injury to the public health.
(d)
The applicant shall submit two positive prints
of the flexible cluster or grid plan prepared at a scale of one inch
equals 100 feet. The plan shall include the lot numbers and lot areas
in acres. Distances and bearings need not be shown.
(e)
One copy of drainage calculations, including
drainage curves and contour plan delineating contributing areas, shall
be submitted.
(f)
The applicant may be required to provide a natural
resource inventory of the property in question at the request of the
Planning Board.
(g)
In the case of an application to amend an existing cluster special permit, the procedures in § 325-51E shall apply, except as to such materials as the Planning Board may waive as duplicative of materials previously submitted. Modification of any existing flexible cluster development, open space residential development or grid subdivision within the Six Ponds District must comply with the requirements set forth in this article.
(2)
Flexible cluster development or grid subdivision
criteria for approval. Approval of a flexible cluster development
or grid subdivision can be granted upon a determination by the Planning
Board that the plan complies with the requirements of this section
and that the flexible cluster development or grid subdivision plan
meets or exceeds the following criteria:
(a)
Preserves open space for conservation, recreation
and the protection of the resources within the Six Ponds Special District.
(b)
Utilizes, preserves and enhances the natural
features of the land.
(c)
Provides the most efficient arrangement of streets,
utilities and other public services.
(d)
Minimizes to the greatest extent possible the
impacts of development upon the natural features and resources of
the Six Ponds Special District.
(e)
Enhances the character of the Six Ponds Special
District by preserving scenic vistas, limiting traffic impacts, and
using building materials that blend with existing structures and the
surrounding area.
(f)
Preserves, improves or enhances the surface
water quality of the district.
(g)
Preserves existing unfragmented forest.
A.
Purpose. One of the purposes of these regulations
is to control accelerated stormwater runoff, soil erosion and resulting
sedimentation as a result of earthmoving and sand and gravel mining
activities. The primary purpose and most important goal of this Zoning
Bylaw is to protect groundwater and enhance public safety in the Six
Ponds Special District.
B.
Scope.
(1)
Within the Six Ponds Special District, no person,
firm or corporation shall undertake any mining of sand or gravel or
excavation or filling of topsoil or subsoil material exceeding 500
cubic yards or exceeding a combined area of 10,000 square feet over
a period of six months without first obtaining an operations permit
from the Planning Board pursuant to these regulations.
(2)
In cases where previously preexisting lots were
used for earth removal/sand and gravel mining and continued use is
planned, accommodations must be made for soil absorption systems and/or
stormwater runoff discharge outside of the three-hundred-foot wetland
buffer. All of these earth removal/sand and gravel mining or related
operations shall be located at the maximum possible distance from
the shoreline elevation of a pond. Additional provisions for protection
of adjacent ponds are also advised in these instances. Facilities
for the dumping of construction debris or other solid waste, including
wood waste reclamation facilities, are prohibited within the Six Ponds
Special District.
C.
Operations permit. Earth removal shall be allowed
only under an operations permit issued by the Planning Board. Any
applicant must first file a written application for this purpose on
Form 11 that includes the required information and materials. Permits
shall be issued for a period of not more than two years. An operations
permit only covers earth removal and sand and gravel mining. All applicants
for earth removal operations permits are also subject to site plan
review by the Planning Board.
(1)
Required elements for application. Ten sets
of plans drawn to a scale of at least one inch equals 40 feet, prepared
and stamped by a registered land surveyor and registered engineer,
shall be submitted containing the following information:
(a)
Preexcavation plan.
[1]
Existing property lines for the subject property,
with names and addresses of all direct abutters.
[2]
Existing topography in the proposed area for
earth removal and for 100 feet beyond the proposed area within the
boundaries of the subject property.
[3]
Any existing wetlands.
[4]
Estimates of the evaluation of historic high
groundwater as determined from monitoring wells and historical water
table fluctuation compiled by United States Geological Survey (USGS).
[5]
Grades below which excavation will not take
place.
[6]
Existing cover vegetation and trees.
[7]
Proposed signage.
[8]
Surface runoff plan.
[9]
Commencement and estimated completion dates.
[10]
Municipal lien certificate.
[11]
Proof of ownership of the property
in question. If the applicant is not the owner of the property, the
owners will provide a notarized statement that they are aware of and
support the applicant's request.
(2)
Waivers. The Planning Board may waive any of
the above requirements. An applicant seeking a waiver from any of
these requirements should include a written request for waivers with
the application materials for the operations permit.
(3)
Review considerations.
(a)
Before granting a , the Planning Board shall give due consideration to the location of the proposed earth removal, the general character of the surrounding neighborhood, the protection of water supply, and the general safety of the public on the public ways in the vicinity and in any publicly accessible areas adjacent to the earth removal operation, as well as those set forth in § 325-90 (Purpose).
(b)
Where the subject property covers an area larger
than five acres, the operations permit may be granted for a specific
area not to exceed five contiguous acres. Approval of additional areas
shall be contingent upon the satisfactory completion and reclamation
of each previous section. The Planning Board may allow the applicant
to delay reclamation of a specified area to facilitate circulation
on the site and for continuity of the earthmoving operation. Work
of any sort connected with earthmoving shall not be performed on more
than one phase area at a time without prior approval of the Planning
Board.
(4)
Public hearing. The Planning Board shall conduct
a public hearing following the procedures set forth in MGL c. 40A,
§ 9 (Special permits).
D.
Criteria for approval. Approval by the Planning Board
will be contingent upon receipt of a removal and restoration plan
by the applicant. Approval shall be based on the following criteria:
(1)
Removal criteria.
(a)
Areas proposed for excavation shall be posted
and/or secured to prevent trespassing. Security measures may include
signage, fencing, vegetated screening or other suitable measures.
(b)
Finish grade shall not lie below a level that
would reasonably be considered a desirable grade for later development
of the area or below the grades specified on the plan accompanying
the permit application. The Board may specify a base grade below which
excavation shall not take place under any circumstances. No excavation
shall take place within 10 feet of historic high groundwater.
(c)
Provision shall be made for safe drainage of
water and for prevention of wind or water erosion carrying materials
onto adjoining properties.
(d)
A minimum two-hundred-foot buffer strip shall
be maintained at all boundaries of earth removal/sand and gravel mining
operations. Excavation may take place within the buffer strip; however,
a slope of not greater than four feet horizontal to one foot vertical
shall be maintained.
(e)
All stumps shall be removed to a licensed wood
waste reclamation facility.
(f)
A road map shall be provided indicating the
routes to be used to transport the materials removed. The map will
include any driveways to and from the subject property. Not more than
one entrance or exit from a public or private way shall be provided
to any area of operation. Access points shall be located in such a
way so as to avoid routing of vehicles over developed residential
streets if possible.
(g)
No excavation shall be allowed closer than 300
feet to a natural stream or pond.
(h)
No topsoil (loam) or subsoil (hardening) shall
be removed from any area of ground within the legal limits of the
Town consisting of more than 50,000 square feet, other than that which
is incidental to and in connection with the construction of a building
on the same lot, unless that person removing such topsoil or subsoil
shall replant the entire area with rye, vetch, wheat, legumes or any
permanent cover crop or reforest the area and stabilize the soil.
(i)
Operation hours shall be only between the hours
of 8:00 a.m. and 7:00 p.m. weekdays, excluding Sundays and legal holidays,
and loaded trucks may leave the subject parcel only within these hours.
(j)
Earth removal/sand and gravel operations must
comply with existing state and federal regulations governing the visibility,
sound and airborne particulates from processing equipment and dust
created through the operations of the pit.
(2)
Restoration. Following the expiration or withdrawal
of a permit, or upon voluntary cessation of operations, the entire
area shall be restored as follows:
(a)
All land shall be graded so that no slope exceeds
one foot vertical rise in a four-foot horizontal distance and shall
be graded to safely provide for drainage without erosion.
(b)
The entire area shall be covered with not less
than four inches of topsoil, which shall be planted with cover vegetation
adequate to prevent soil erosion.
E.
Additional conditions. The Planning Board must be
notified of any transfer of ownership or legal interest or change
in contractual interest in the subject premises within 10 days of
such transfer or change. Failure to do so will be grounds for revocation
of said permit.
F.
Renewal or review of permit.
(1)
No operations permit shall be issued under the
provisions of this section for a period of more than two years. A
permit may be renewed upon application without a public hearing at
the discretion of the Planning Board. Prior to any renewal, an inspection
of the premises shall be made by the Planning Board or its agent to
determine if the provisions of this bylaw and the operations permit
have been and are being complied with.
(2)
The Planning Board may conduct a duly noticed
public hearing at any time to determine whether any operations permit
has been or is being violated and shall notify the Building Official
to request an inspection of the property and appropriate enforcement
if necessary.
G.
Expenses. The Town shall require the permit holder
to pay a permit fee based on the following: for up to one acre to
be excavated: $200; for each additional acre: $100, to a maximum fee
of $600 for five acres.
H.
Applicability.
(1)
Removal of earth material from a parcel for which removal was previously authorized under a special permit pursuant to Town of Harwich Zoning Bylaw Article XV (Special Conditions) shall be permitted until the expiration date of said permit. From that expiration date, full compliance with the requirements of this bylaw must be met.
(2)
In the case when no special permit was ever issued for the removal of earth materials under the prior zoning bylaw because said activity preceded the adoption of said zoning bylaw, an owner and/or operator must file an application for an operations permit within 90 days of the effective date of this bylaw as set forth in Subsection C (Operations permit).
If a court of competent jurisdiction holds any
provision of this bylaw invalid, the remainder of the bylaw shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of the bylaw.
