As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Earth Removal Board consisting of one member of the Board
of Selectmen, one member of the Planning Board, one member of the
Conservation Commission, one member of the Board of Health and the
Director of Public Works. The members from multiple-member bodies
shall be designated annually by the body they represent.
EARTH
Includes soil, loam, sand and gravel.
Within 30 days after this chapter has been approved by the Attorney
General and duly published by the Town Clerk, all active pits must
be registered with the Board of Assessors, Selectmen or authorized
agent thereof as to:
No earth shall be removed from any parcel of land in the Town
without a written permit from the Board, except as hereinafter provided.
The removal of earth for sale, gift or delivery beyond the Town
limits shall be allowed only under special permission of the Earth
Removal Board and under such conditions as the Earth Removal Board
shall impose.
Any person wishing to remove earth from property in the Town
shall file a written application with the Board, which application
shall include the following specific information and supporting documentation:
A.
The location of the proposed excavation.
B.
The legal name and address of the owner of the property involved.
C.
The legal name and address of the petitioner.
D.
Names and addresses of all abutting property owners, including
those across any abutting streets, as appearing on the records of
the Northbridge Assessors.
E.
A plan of the land showing general topography within 100 feet
of the proposed excavation or to the property line.
F.
A plan of the land showing contours of the site as of the proposed
completion of the excavation project.
G.
The proposed form of bond to be used.
A.
A record must be submitted annually to the Earth Removal Board
as to:
(1)
The amount of cubic yards removed that year.
(2)
To whom sold or delivered.
B.
Records, if requested, must be available at all times.
No permit for the removal of earth shall be issued by the Board
until a public hearing has been held by the Board, notice of which
shall have been given at least 10 days in advance in a paper commonly
used for such notices in the community, the mailing of copies thereof
to the abutters and a favorable finding has been rendered by said
Board.
Any permit issued hereunder shall automatically expire upon
the completion of the earth removal project for which it was issued
or at such other time as may be specified in said permit, but in no
case for a period of more than one year.
Approval of the renewal of a permit for a period not in excess
of one year may be made by the Board without hearing if the Board
finds that all conditions have been complied with and that the work
has been carried on continuously and in good faith.
A change of ownership of any active pit (in entirety or in part)
shall call for the registration and application for a new permit.
No permit shall be required for the moving of earth on an individual
parcel under the following circumstances:
A.
Where necessary in the construction of a building being built
in accordance with a permit issued by the proper Town authority.
B.
Where necessary as part of the construction of a road within
the Town, whether public or private.
C.
Where necessary as part of a landfill dump, farm, garden, landscaping
activities or in the operation of a cemetery.
Earth removal activities in lawful operation on any parcel of
land at the time this chapter is effective may continue unless and
until abandoned for more than 12 consecutive months. However, unless
specifically authorized by a new permit issued hereunder:
A.
The depth of excavation shall not be increased below the grade
of the lowest point excavated on the effective date of this chapter.
B.
The total area of excavation within the parcel shall not be
increased by more than 50% over such daily averages for the 12 consecutive
months preceding said effective date (or for the actual period of
operation if less than 12 months).
No permit for the removal of earth shall be approved by the
Board except upon condition that a cover of topsoil of not less than
four inches in depth shall be replaced or allowed to remain, except
where, due to construction of roads, buildings or other permanent
physical features, such provision is impractical.
No permit shall be issued for the removal of earth in any location
if such removal:
A.
Will endanger the public health or safety or constitute a nuisance.
B.
Will produce noise, dust or other effects observable at the
lot lines in amounts seriously objectionable or detrimental to the
normal use of adjacent property.
C.
Will result in the transportation of materials in such a manner
as to cause traffic congestion or hazards, particularly on residential
streets.
D.
Will result in the transportation over ways which will be unduly
injured thereby.
E.
Will result in a change in topography and cover which will be
disadvantageous to the most appropriate use of the land.
No permit for the removal of earth shall be approved by the
Board if the work extends within 300 feet of a way open to public
use, whether public or private, or within 250 feet of a building or
structure unless the Board is satisfied that such removal will not
undermine the way or structure.
In approving the issuance of a permit, the Board shall impose
reasonable conditions, which shall accompany and shall constitute
part of the permit, including but not limited to:
A.
The finished leveling and grading. Leveling and grading must
be done annually.
B.
The placing of topsoil and planting necessary to restore the
area to usable condition. Seeding must be done annually no later than
September 15 of the operating year.
C.
The duration of the removal operation.
D.
The construction of necessary fencing and other protections
against nuisances.
H.
Routes of transportation of material.
I.
Control of temporary and permanent drainage. All existing brooks,
ponds and waterways shall remain free and clear of pollution and obstructions.
J.
Disposition of boulders, tree stumps and felled trees.
Earth 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 recommendations shall
be made part of the records of the Board. In issuing a permit, the
board shall impose reasonable conditions as to the reestablishment
of ground levels and grades.
The Board shall require a bond or other security to enforce
performance of conditions imposed by this chapter.
The Board or duly authorized persons may enter upon the premises
involved from time to time to inspect and ensure conduct of the work.
Upon petition of the owner, permit holder or abutters, the Board
may hold a new hearing and reissue or modify the permit, subject to
any regulations not in conflict with this chapter.
The Board may order the revocation of or suspension of a permit
if the conditions established hereunder are not complied with, but
the holder in such situation shall not be relieved of his obligations
thereunder.
The Board or duly authorized persons shall make periodic inspection
of all active pits.
The Board, if it concludes that there has been a violation of
this chapter, shall so notify the alleged offender, at the address
stated on the initial application, and, if applicable, shall include
a notice ordering cessation of the improper activities.
If the alleged offender holds a permit issued under this chapter,
such permit may be revoked.
The Board may establish fees for permits.
Any fees received hereunder shall be transmitted to the Town
Treasurer.