Town of Abington, MA
Plymouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Property maintenance — See Ch. 122.
Solid waste — See Ch. 138.
[1]
Editor's Note: This Article also superseded former Ch. 49, Dumping, comprised of Art. I, Landfill Material, derived from Ch. 2, Sec. 10, of the 1992 Town of Abington Bylaws; and Art. II, Control of Dump and Compost Site, derived from Ch. 7, Sec. 2, of the 1992 Town of Abington Bylaws, amended by Art. 34 of 1996 ATM.

§ 49-1 Permit to dump required.

[Amended 4-2-2012 ATM by Art. 15F; 6-9-2014 ATM by Art. 20]
A. 
No person shall dump or allow to be dumped any fill material on any property in the Town of Abington in excess of 100 yards without first receiving a permit therefor from the Board of Selectmen. For purposes of this Bylaw, the term "fill material" shall include debris, refuse, sand, gravel or other types of earth or other materials of any kind.
B. 
No action shall be taken on an application for a permit unless it includes:
(1) 
An abutters list, based upon the most recent data available to, and certified by, the Town Assessor, identifying all direct abutters to the property at which the fill is to be placed (the "subject property"), and all abutters to abutters within 300 feet of the subject property;
(2) 
A plot plan describing the subject property and indicating where on the property the fill is to be placed;
(3) 
A description of the fill (i.e., what materials it consists of) and its origin;
(4) 
A description of the amount of fill proposed to be placed at the subject property;
(5) 
A list of how many truck loads will be required to bring the fill to the subject property;
(6) 
A list of what size trucks will be used, including a description of the weight of the largest fully loaded truck;
(7) 
A description of truck routes to be taken to access and leave the subject property;
(8) 
A description of the proposed hours of trucking; and
(9) 
A description of the measures to be used to control spilled material and dust (i.e., sweeping and water spraying).
C. 
Upon receipt of such an application that contains all of the necessary documentation set forth above, the Board of Selectmen shall schedule a public hearing and provide written notice, at the expense of the applicant, to the abutters and abutters to abutters within 300 feet of the public hearing by certified mail and by regular mail, which written notice shall be mailed at least 14 days prior to the date of the scheduled public hearing.
D. 
If the Board of Selectmen determines it is appropriate to grant a permit allowing the fill material to be placed, the Board of Selectmen may impose reasonable conditions on such permit including but not limited to: size, number and maximum weight of trucks that may access the property within any twenty-four-hour period; implementation of spill control and dust control measures; requirements applicable to loaming and seeding of material; and implementation of erosion and sedimentation control measures to prevent the material from moving off site or into nearby wetland or water resources during a storm event. If such conditions are thereafter violated, the Board of Selectmen may immediately revoke the permit if the public health and safety so require, or otherwise upon 24 hours' notice to the holder of the permit.
E. 
Any such permit shall expire one year from the date of its issuance. A current permit may be extended for an additional three months by vote of the Board of Selectmen at any meeting, provided that the request for the extension is received before the permit expires and that such vote otherwise complies with the Open Meeting Law, as it may be amended from time to time.

§ 49-2 Planning Board rules.

This article may be superseded by the rules and regulations of the Planning Board.

§ 49-3 Control by Board of Health; other dumps prohibited.

The Town Dump and compost site shall be under the control of the Board of Health and no person shall maintain a dump on any other premises in the Town.