[HISTORY: Adopted by the Special Town Meeting
of the Town of Newbury 12-28-1971 by Art. 11. Amendments noted where
applicable.]
A.
The removal of soil, loam, sand, gravel, quarry or other earth material
from any parcel of land not in public use in the Town of Newbury,
except as hereinafter provided, shall be allowed only after a written
permit therefor is obtained from the Board of Selectmen after a public
hearing of which due notice is given.
B.
No permit shall be required for the continuous operation on any parcel
of a sand or gravel pit in operation at the time this By-Law is adopted,
provided such operation is not thereafter discontinued for more than
one year and no permit shall be required for the removal of soil,
loam, sand or gravel from any parcel of land when incidental to and,
in connection with the construction of a building on the parcel.
C.
In issuing a permit under this By-Law, the Board of Selectmen may
impose such conditions not specifically provided for herein as it
may deem necessary for the adequate protection of the neighborhood
and the Town. Any conditions imposed by the Board shall be attached
to and made a part of the permit. The Board may, after a public hearing,
on proof of violation of any condition, revoke any permits so issued.
No permit shall be issued under the provisions of this By-Law for
a period of more than three years.
D.
Regulations governing removal of sand, gravel, quarry or other earth
materials. For the removal of sand, gravel, quarry or other earth
materials including the processing and treating of raw materials (other
than that which is incidental to and in connection with the construction
of a building on a parcel, up to a maximum of 2,000 cubic yards) the
following regulations shall govern:
[Amended 3-20-1973 ATM,
Art. 28, 4-23-2019 ATM, Art. 19]
(1)
Removal and processing operations shall not be conducted closer than
50 feet to a public street.
(2)
All equipment for sorting, washing, crushing, grading, drying, processing
and treating, or other operation machinery, shall not be used closer
than 100 feet from any public street or from any adjoining property
line.
(3)
One (1) off-street parking space will be provided for every two employees
on the combined employment of the two largest successive shifts.
(4)
Any access to excavated areas or areas in the process of excavation
will be adequately posted with KEEP OUT- DANGER signs.
(5)
Any work face or bank that slopes more than 30 degrees downward adjacent
to a public street will be adequately fenced at the top.
(6)
Adequate provision is to be made for drainage during and after the
completion of operations.
(7)
Lateral support shall be maintained for all adjacent properties.
(8)
The use of explosives shall be done in accordance with the regulations
for storage or handling of explosives as published by the Commonwealth
of Massachusetts.
(9)
All operations shall be conducted in such a manner so as to comply
with the laws of the Commonwealth of Massachusetts regulating water
pollution and air pollution.
(10)
Site plans shall be submitted to the Building Inspector in accordance
with the following criteria:
(a)
Site plans shall be filed with the Building Inspector for any
land which is used or intended to be used for the extraction of sand,
gravel, rock, and associated earth materials.
(b)
Site plans of the removal areas shall be prepared by a registered
professional engineer at a scale of 200 feet to the inch and shall
be in accordance with and include the following:
[1]
Property lines.
[2]
Adjacent public streets.
[3]
Proper provisions for safe and adequate water supply and sanitary
sewerage and for temporary and permanent drainage of the site.
[4]
Regrading of all or parts of the slopes resulting from such
excavation or fill; and
[5]
Replacement of at least 4 inches of topsoil over all excavated,
filled, or otherwise disturbed surfaces and seeding with a perennial
cover crop, reseeded as necessary to assure uniform growth and soil
surface stabilization. Also, the Building Inspector shall require
a bond signed by the owner and applicant as principals, in an amount
to be determined by the Building Inspector, to be posted to assure
fulfillment of the conditions imposed, within such time as the Building
Inspector may set.
[6]
Submission of plan for lighting if night operation is contemplated.
[7]
Proper provision for vehicular traffic, service roads, control
of entrances and exits to highways.
[8]
The relation of future building and operations machinery to
the removal areas.
[9]
Delineation of removal areas.
[10]
Provision for a substantial fence enclosing the excavation or
quarry will extend under original ground level or will have a depth
of 10 feet or more and create a slope of more than 1 in 2. Such fence
shall be located 10 feet or more from the edge of the excavation or
quarry, and shall be at least 6 feet in height.
[Amended 11-12-2019 STM, Art. 13]
(11)
Land reuse plan(s) must be submitted to and approved by the Building
Inspector, following review by the Planning Board subject to the regulations
set forth in the following paragraphs:
(a)
The Building Inspector may require up to three approved alternative
future land reuse plans to be submitted for such land as is used for
the extraction of sand, gravel, rock, and associated earth materials.
It is recognized that land reuse of the removal areas is in the public
interest.
(b)
Said land reuse plan and its implementation applies to the conversion
of the abandoned site and its planned reuse. It is, therefore, required
that any land reuse plan correspond to a situation which could reasonably
occur in the immediate future (0 to 5 years), and be revised as necessary
as the existing physical character of the removal area changes.
(c)
The land reuse plan will be developed in accordance with the
following considerations:
[1]
The harmony of the Land Reuse Plan with the zoning by-law and
with the general purposes and intent of the Newbury Master Plan.
[2]
The effect of the land reuse on neighboring properties.
[3]
The estimated cost of accomplishing the land reuse.
[4]
The existing character of the neighborhood.
[5]
The effect upon future value of the land.
[6]
The potential uses to which the land could be put.
[7]
Sufficient amount of planting for prevention of erosion and
for adequate screening.
[8]
The Land Reuse Plan must meet all reasonable requirements which
the Building Inspector, with advice from the Planning Board, may impose
to protect the health, safety, and general welfare of the general
public.
(d)
The Land Reuse Plan or any part thereof which reasonably applies
to an area which has been abandoned from removal use, shall be put
into effect within one year of the abandonment of said operation.
Abandonment for the purposes of this subsection shall be defined as
the visible or otherwise apparent intention of the owner and user
of the land to abandon the use of the land.
(e)
Performance guarantee: In order to ensure that all reasonable
requirements of the future land reuse plan relating to safety, signs,
fencing, seeding, and planting will be carried out immediately upon
completion of the mining or quarrying, the Building Inspector shall
require, within 60 days of the approval of the land reuse plan, one
of the following at the election of the property owner:
[1]
A surety bond written by an insurance company authorized to
do business in Massachusetts, or certified check shall be posted with
the treasurer of the Town of Newbury in an amount determined by the
Planning Board to be sufficient to cover the cost of carrying out
the appropriate reuse plan requirement.
[2]
An agreement shall be entered into and recorded on the land
records whereby the Town of Newbury, in order to be put in an assured
position to have the provisions of this section complied with, shall
be given a lien on property within the mine or quarry site, and the
amount of said lien shall be a sum determined by the Building Inspector
as the reasonable cost of carryout of the proposed reuse. The property
given by way of lien shall have a reasonable value, as determined
by the Building Inspector, equal to the value of the cost of carrying
out the reuse requirements.
Sand and gravel or quarry may be removed from any parcel of land, except within 300 feet of a street or way, and the Board shall issue a permit therefor provided, however, that the Board shall impose such reasonable conditions as to the disposition of top soil and the re-establishment of ground levels and grades as it may deem necessary, consistent with the provisions of § 60-1.
A.
Soil or loam may be removed from any parcel of land within such parcel determined by the Board to be unsuited to agricultural use, and the Board may issue a permit for such removal; provided, however, that the Board shall in making such decision, obtain the recommendations of the appropriate Soil District Supervisor and the County Extension Director or Agent, or their successors, and their recommendation shall be made a part of the records of the Board. In issuing a permit, the Board may impose reasonable conditions as to the re-establishment of ground levels and grades, consistent with § 60-1.
B.
Notwithstanding the provisions of the above, the Board
may issue a permit for the removal of soil or loam from any parcel
of land in the Town where such removal is necessarily incidental to
and in connection with the construction of a road or other facility
involving a permanent change in the use of the land. The Board shall
issue no such permit unless it is reasonably satisfied that the construction
will be completed and evidence thereof shall be made part of the records
of the Board.
Soil, loam, sand or gravel or quarry may be removed from any parcel of land within such parcel lying within 300 feet of any street or way, provided a permit therefor has been issued by the Board after satisfactory evidence that such removal will not be seriously detrimental or injurious to the neighborhood; provided further that the Board shall impose reasonable conditions as to the method of removal, and re-establishment of ground levels and grades and the planting of the area to suitable cover, as it may deem necessary. Removal of soil or loam under authority of this section shall be further subject to the provisions of § 60-3.
A.
Validity. The invalidity, unconstitutionality or illegality
of any provision of this By-Law shall not have any effect upon the
validity constitutionality, or legality of any other provision or
section of this By-Law.
B.
Violations. The Building Inspector shall serve notice
of violation and order to any owner or person who violates the provisions
of this By-Law or is in violation of any approved plan, drawing, or
information pertinent thereto; or in violation of a permit or certificate
issued under the provisions of this By-Law, and such order shall direct
the discontinuance of the unlawful action, use, or condition and the
abatement of the violation within a time to be specified by the Building
Inspector. Any owner who having been served with a notice and who
ceases any work or other activity, shall not leave any structure or
lot in such conditions as to be a hazard or menace to the public safety,
health, morals, or general welfare. The Building Inspector shall have
the power to require that such premises be put in such condition as
he directs.
C.
Prosecution of violation.
[Amended 11-12-2019 STM, Art. 13]
(1)
If the notice of violation and order is not complied
with promptly and within 10 days, the Building Inspector shall request
the Selectmen to institute the appropriate action or proceeding at
law or in equity to prevent any unlawful action, use, or condition
and to restrain, correct, or abate such violation.
(2)
Any person, trust, or other enterprise who violates
or refuses to comply with any of the provisions of this By-Law may
on conviction be fine a sum of One Hundred Dollars ($100.00) for each
offense.
D.
Building Inspector. It shall be the duty of the Building
Inspector to administer and enforce the provisions of this By-Law.
E.
Repealer. The Earth Removal By-Law for the Town of
Newbury adopted in 1954, is hereby repealed in whole to become effective
immediately after the effective date of approval of this By-Law.
