Town of Groton, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Groton 3-18-1963, as amended through 9-27-1993. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Ch. 134.
Zoning — See Ch. 218.

§ 239-1 Authority to adopt regulations.

These regulations are adopted by the Board of Selectmen of the Town under the power granted to it by the Earth Removal Bylaw (Chapter 134 of the Code of the Town) adopted by the Town Meeting in 1963 and amended in 1967, 1968 and 1984.

§ 239-2 Purpose.

These regulations are adopted for the purpose of:
A. 
Establishing the form of the written application which must be submitted to the Board of Selectmen by persons seeking earth removal permits, earth removal special permits or the extension of permits.
B. 
Describing the conditions, limitations and safeguards relating to earth removal activities which have been established by the Board of Selectmen as a matter of policy, together with such further conditions, limitations and safeguards which said Board may impose from time to time when granting earth removal permits.
C. 
Establishing procedures which will be followed by the Board of Selectmen in giving notice of proceedings relating to applications for earth removal permits, on holding hearings on such applications, in entering into a binding agreement with the applicant when permission for a specific earth removal activity is granted and for enforcing the terms of said agreement and of the Earth Removal Bylaw.

§ 239-3 Definitions.

The following terms are defined as they are used in the Earth Removal Bylaw and in these regulations:
EARTH MATERIAL
Soil, loam, sand, gravel or other earth material.
EARTH MATERIAL REMOVAL ACTIVITY
The process by which earth materials are removed from their natural location, stored or stockpiled, loaded upon means of transportation and conveyed from the earth materials site, including, without limitation, any one or more of the following: stripping, digging, excavating, washing, stockpiling, loading or unloading.
EARTH MATERIALS SITE
The location which is described in an earth removal permit or earth removal permit application at which earth materials occur in their natural state.
EARTH REMOVAL PERMIT
Any permit issued under the Earth Removal Bylaw by the Board of Selectmen at any time before or after the adoption of these regulations.
EARTH REMOVAL PERMIT APPLICATION
The information required of or submitted by any person seeking an earth removal permit. An application under the bylaws submitted after the adoption of these regulations shall not be considered to be an application or as having been filed unless it is submitted on the form specified in § 239-5 of these regulations and is accompanied by all of the supplementary data and documents required by these regulations and by the form of application.
LOT
Any parcel of land referred to on the most recent tax list of the Town prior to the filing of the earth removal application shall be deemed to be a "lot" as that term is used with reference to such application. The bounds of such "lot" shall be as shown on the Assessors' plans upon which such tax list is based.
LOTS ABUTTING
Includes:
A. 
In the case of a lot having frontage on a public or private way, the lot or lots directly opposite on any such public or private way and those lots abutting said lot or lots within 300 feet of the property line of the site shown on the application as they appear on the most recent applicable tax list, notwithstanding that said lot or lots are located in another city or town.
B. 
In the case of a lot having frontage on a body of water such as a lake or pond, any other lot or lots having frontage on said body of water which are not owned directly or indirectly by the applicant and which are within, 2,000 feet of said lot.
C. 
In the case of a lot having frontage on a watercourse such as a stream or river, the lot or lots directly opposite on any such stream or river and those lots abutting said lot or lots within 300 feet of the property line of the site shown on the application as they appear on the most recent applicable tax list, notwithstanding that said lot or lots are located in another city or town.
STREET LINE
The limits of any public way as shown on the layout thereof as adopted by the Board of Selectmen, by the County Commissioners or other public agency responsible for determining the location of such way or, in the case of a way shown on a subdivision plan approved under the Subdivision Control Law, the limits of such way as shown on said plan.

§ 239-4 Scope.

These regulations apply to all earth removal activities within the Town of Groton except where modified in the case of sites clearly falling under the category of "existing operations," § 134-3B, or specifically exempt by bylaw (see § 134-10) or by statute.

§ 239-5 Permit applications.

A. 
Applications for earth removal permits shall be submitted on the form attached to these regulations as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the office of the Board of Selectmen and may be examined there during regular office hours.
B. 
Each application may be accompanied by photographs of the site and of the neighborhood.
C. 
Each application shall be accompanied by separate plans as follows:
(1) 
A site plan, which shall show:
(a) 
Lot lines and ownership of the earth materials site, with notation that perimeter within 500 feet of the excavation is to be marked on the site with blue markers.
(b) 
The perimeter of the existing excavation, if any, as of the date of the application.
(c) 
The location of walls, fences, test pits, test borings, observation wells with logs, structures and buildings, streams and ponds and vegetated wetlands on the land, property bounds, access roads and adjacent public and private ways, if any.
(d) 
The names of owners of lots abutting, as defined in § 239-3 above.
(e) 
The location of dwellings and wells, if any, on abutting land and lying within 200 feet of the property line or 500 feet of the removal site.
(f) 
The location of the perimeter of the proposed excavation, to be marked on the site with red markers.
(2) 
A removal site plan, which shall show:
(a) 
Topography by five-foot contours at the area to be excavated or altered and to at least 200 feet beyond the perimeter of that area.
(b) 
Topography of existing excavation, if any.
(c) 
The location and dimensions of the area from which the removal is to take place.
(d) 
The depth of removal within the area, shown by five-foot contours, and final elevation.
(e) 
Proposed lateral support to all adjacent property.
(f) 
Routes for vehicular traffic, location of service roads and entrances and exits to highways.
(g) 
The location of water supply and sanitary sewerage, if any.
(h) 
Grading and structure or installations required for temporary and permanent drainage of the area.
(i) 
Existing natural features such as trees and other vegetation to be preserved.
(j) 
At least three permanent bench marks with elevations marked thereon on Town of Groton datum.
(3) 
A restoration site plan, showing:
(a) 
Topography by five-foot contours of the area of removal as restored and to at least 200 feet beyond the perimeter of that area.
(b) 
The location and method to be used in providing permanent drainage and erosion and sediment control.
(c) 
Notations as to ground cover to be provided, including areas to be covered with topsoil to a depth of not less than four inches and seeded or otherwise planted with trees or other vegetation.
(d) 
The location of any fences or other protective barriers or enclosures.
(e) 
The location of proposed lot lines, if any, as shown on a preliminary or definitive subdivision plan filed with the Planning Board of the Town of Groton.
(4) 
A locus plan, United States Geological Survey 7.5 minute series (topographic).
D. 
The following requirements shall be applicable to plans filed in compliance with Subsection C:
(1) 
Each plan, except the locus plan, shall be drawn to a scale of one inch equals 40 feet and shall be drawn with the title designating the site location, the name of the person preparing the plan, the date prepared and the latest revision date and the name and seal of a registered land surveyor or registered professional engineer of the Commonwealth of Massachusetts.
(2) 
Seven sets of plans shall be submitted, and the reproducible linen or master shall be retained by the applicant until a certificate of compliance has been issued, when it shall be filed with the Board of Selectmen.
(3) 
Plans shall show such other information reasonably necessary to indicate the complete physical characteristics of the site, including, without limitation, brooks, creeks, rivers, streams, ponds, lakes, wetlands, banks, flats, marshes, meadows or swamps bordering such area, whether or not such watercourse or body of water is itself located on the site; water table elevations at appropriate intervals; the location of the earth removal activity to be conducted; the location of any structures to be erected in connection with the earth removal activity; and all areas in which any fixed or mobile equipment used in the earth removal activity will be placed, stored or operated.
(4) 
Plans shall be supplemented by the applicant, without further request of the Board of Selectmen, in the event of any departure or deviation from conditions shown on the plans filed with the application, including, without limitation, changes in the topographical conditions discovered during removal of earth materials.

§ 239-6 Review of application.

A. 
An earth removal permit application will be considered to have been filed with the Board of Selectmen only when the following have been received:
(1) 
An application form fully completed.
(2) 
Seven sets of plans, including plot plan of land, removal site plan, restoration site plan and locus plan.
(3) 
A list, including names and addresses, of all owners of all lots abutting (as that term is defined in these regulations) the parcel as to which the earth removal permit is sought.
(4) 
Application fee: a certified check or cash in the amount of $500 to cover the cost of processing the application and for professional services, including but not limited to engineering fees, incurred by the Town.
(a) 
In the event that a permit is issued, the application fee will stand as a credit to the fees charged for the material to be removed. (That fee is calculated at the rate of $0.15 per cubic yard.)
(b) 
In the event that a permit is not issued, that portion of the application fee remaining unspent shall be returned to the applicant.
(5) 
The applicant will be required to pay the cost of publication of the notices of the hearing plus the cost of mailing notices of the hearing by certified mail, return receipt requested, to each abutter shown on such list before a permit may be issued.
(6) 
Review by boards, commissions and committees.
(a) 
The following boards, commissions and committees are designated recipients of the four copies of the completed application when filed:
[1] 
The Board of Selectmen.
[2] 
The Earth Removal-Stormwater Advisory Committee.
[Amended 4-30-2007 ATM, Art. 24]
[3] 
The Planning Board.
[4] 
The Conservation Commission.
(b) 
At the time of the acceptance of the application for processing, the Selectmen shall give notice of the same to the Zoning Board of Appeals, the Water Department, the Highway Department, the Board of Assessors, the Police Department and the Board of Health.
(7) 
Proposed specifications describing, in detail, the location, quantity, nature and quality of all materials to be used in the work shown on the restoration site plan, including, without limitation, fill, loam, sod, vegetation, shrubs and trees.
(8) 
A consent, in writing, by the owner of the earth materials site shown on the earth removal permit application for members of the Board of Selectmen, the Earth Removal-Stormwater Advisory Committee, the Earth Removal-Stormwater Inspector or any other persons authorized by the Board of Selectmen to act for it, to enter the site and to make or have made, at the applicant's expense, such tests and observations and record such data as they may deem necessary and which are clearly pertinent to the earth removal activity at any time during the duration of the permit.
[Amended 4-30-2007 ATM, Art. 24]
B. 
At their next meeting after they have received a copy of the earth removal permit application, the boards listed in Subsection A(6)(a) shall each establish a date by which they will be prepared to submit a recommendation relative to said application to the Board of Selectmen, which date shall not be later than 30 days after each such Board has received a copy of the earth removal permit application, and shall promptly inform the Board of Selectmen of that date.
C. 
The following procedure and timetable for processing earth removal applications shall apply:
(1) 
The application shall be submitted to the Selectmen's office, where it shall be date stamped.
(2) 
The Earth Removal-Stormwater Advisory Committee shall review the application and provide written certification to the Selectmen as to the completeness and adequacy of the application.
[Amended 4-30-2007 ATM, Art. 24]
(3) 
The Board of Selectmen shall have 90 days from the date of certified completeness to the day a written decision is rendered by the Selectmen to the applicant.
(a) 
If an application is not certified, it shall be returned to the applicant, with a written explanation of deficiencies, within 30 days. The ninety-day time limit referred to above shall not begin to run until such application is resubmitted and certified as complete and adequate.
(b) 
If the application is certified, the Selectmen shall set a public hearing date at their next regularly scheduled meeting.
(4) 
The Board of Selectmen shall advertise the public hearing for two successive weeks; the first publication date shall be at least 14 days before the day of the hearing. Public notice will also be given to abutters by certified mail at least 10 days before the public hearing date.
(5) 
The Selectmen shall announce their decision at a public, regularly scheduled or special meeting, and shall deliver the decision, in writing, to the applicant within 90 days of the date the application was certified.
D. 
At the hearing on the earth removal permit application, the applicant shall be prepared to answer questions concerning the application and the proposed earth removal activity. The Board of Selectmen will hear from the applicant and will make available the recommendations which it has received from the boards and committees listed in Subsection A(6)(a). The Board will hear from any persons to whom notice was required to be given by mail under the Earth Removal Bylaw and may hear from any other persons likely to be affected by the proposed earth removal.
E. 
The Board of Selectmen may require persons speaking at the hearing to make their statements under oath and may require the applicant to submit a written response to any recommendations, comments or questions presented at the hearing.
F. 
If the Board denies the permit, it shall provide a statement of its reasons for denial. If the Board grants the permit, it will do so in writing, following the form of contract appended to these regulations as Exhibit B, entitled "Earth Removal Agreement."[1] This agreement, to which the permit form is attached, will include such conditions, terms and restrictions as the Board of Selectmen deems necessary. These conditions, terms and restrictions may deal with but need not be limited to the matters set out in these regulations in § 239-8.
[1]
Editor's Note: Exhibit B is on file in the office of the Board of Selectmen and may be examined there during regular office hours.
G. 
If the Board of Selectmen denies the application, the applicant may resubmit the application and accompanying plans, modified to conform to the reasons for denial. Such resubmission, if made within 30 days after the date of the written statement of reasons for denial, will be subject to procedures applicable to an original submission, except that the recommendations of the boards referred to in Subsection A(1)(a) shall be made to the Board of Selectmen within 30 days of resubmission, and the hearing by the Board of Selectmen will be within 30 days of the date of resubmission. If no such resubmission is made until after 30 days, it will be deemed to be a new application.
H. 
The holder of a permit who wishes to have the terms, conditions or restrictions of an earth removal permit modified or wishes to alter the removal site plan or restoration site plan or seeks an extension of the duration of the permit shall file a modification application which, unless the Board of Selectmen otherwise votes, will be treated as an application for a new permit and will be subject to the procedures set out in § 239-6. In any event, a public hearing in accordance with the Earth Removal Bylaw will be held on every request for an extension of the duration of the permit.

§ 239-7 Enforcement.

A. 
Enforcement of the terms and conditions of earth removal activities shall be the primary responsibility of the Earth Removal-Stormwater Inspector in accordance with the provisions of these regulations and the Earth Removal Bylaw, and the Earth Removal-Stormwater Inspector shall have the authority, upon becoming aware of a violation, to order the immediate suspension of operations pending final disposition of the matter.
[Amended 4-30-2007 ATM, Art. 24]
B. 
Notwithstanding any other terms or provisions of these regulations to the contrary, violations of the Earth Removal Bylaw may be enforced by all available means consistent with applicable provisions of law, including, without limitation thereof, resort to injunctive relief, assessment of damages and the imposition of fines and penalties.

§ 239-8 Terms, conditions and restrictions on permits.

A. 
The Board of Selectmen, at the time of issuing an earth removal permit, will impose such special terms, conditions and restrictions as it may deem necessary to accomplish the purposes of the Earth Removal Bylaw in the particular circumstances. In addition to the special terms, conditions and restrictions, the permit will be considered to be issued subject to the terms, conditions and restrictions set out in Subsection C of these regulations, unless specifically waived by the Board with the reasons for the waiver action clearly stated in writing. In the event of changes in these regulations after the date of an earth removal permit and before a certificate of compliance with such permit has been issued, the terms of the regulations as changed will apply to any renewal of such permit.
B. 
Fees.
(1) 
The Board of Selectmen, with the issuance of these regulations as amended, hereby establishes a schedule of fees payable by the applicant as a condition of the issuance of an earth removal permit and at the time of the issuance of said permit. As of the date of the adoption of these regulations as amended, the fee is to be calculated at the rate of $0.15 per cubic yard of material to be removed.
(2) 
This sum is to be applied to the estimated volume of material as calculated by a registered land surveyor or a registered professional engineer employed by the applicant. The Selectmen, at their discretion, may require and obtain independent professional confirmation of this volume estimate.
(3) 
The proceeds of all fees so charged are designated to cover the salary of the Earth Removal-Stormwater Inspector, together with such engineering and other professional services which the Town may require to assure the proper enforcement of the provisions of the agreement and all other costs to the Town arising out of the granting of the earth removal permit.
[Amended 4-30-2007 ATM, Art. 24]
C. 
The following terms and restrictions will apply to all earth removal permits issued hereafter by the Board of Selectmen unless otherwise stated in the permit:
(1) 
Earth removal operations shall be conducted only between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and loaded trucks will be permitted to depart from the site only within such hours as the Board of Selectmen may from time to time prescribe in the interests of public safety.
(2) 
All trucks and trailers will be suitably covered to prevent their contents from falling upon streets or highways. All stones, sand, gravel or other material resulting from the removal operation shall be removed from the traveled part of the highway at the close of each day's operation or sooner if a dangerous condition arises during the day's operation.
(3) 
All equipment and all temporary structures to be erected or brought upon the premises for the shelter of working personnel or equipment shall be removed from the site when no longer required for earth removal activities before the certificate of compliance shall be issued.
(4) 
No excavation proceeding under the provisions of these regulations shall deviate from the provisions of the removal site plan or shall be closer than 300 feet to an existing swelling or well or closer than 200 feet to an existing public way or closer than 200 feet to an existing side or rear lot line. Notwithstanding the foregoing, however, in special circumstances when, in the opinion of the Board of Selectmen, natural or topographical features provide adequate screening of the removal site, the Board may reduce the distance of the excavation from a side or rear lot line but in no event to a distance of less than 100 feet. In no event shall the excavation go below a point of eight feet above the level of the established water table. Exceptions to this requirement may be made by the Board when the creation of a pond is contemplated in conjunction with the earth removal activity and when necessary permits have been secured from the Conservation Commission of the Town of Groton and from such other county and state and federal agencies as have jurisdiction.
(5) 
All excavation will be conducted, maintained and secured so as not to endanger the stability or utility of contiguous property.
(6) 
All boundaries are to be marked in accordance with the removal site plan, indicating the permitted areas of operation. Lot lines within 500 feet of the excavation site are to be marked at appropriate intervals with blue tapes or ribbon or painted stakes. The area to be excavated is to be marked at appropriate intervals with red tapes, ribbon or painted stakes. Setback markers, which will not be disturbed and which will be visible during the removal activity, shall be installed at specified locations. As promptly as earth removal activities are completed on any portion of the site and, in any event, no later than the termination date of the permit, grades and elevations shall be established in accordance with the restoration site plan.
(7) 
Temporary drainage shall be provided to avoid the creation of any standing water of the site and shall be in the manner and in the locations shown on the removal site plan.
(8) 
Permanent drainage shall be provided in accordance with good engineering practices prior to the expiration date of the permit and shall conform to the provisions of the restoration site plan. In no event shall the lowest grade of final elevation be below eight feet above the high groundwater level as determined by reliable engineering data.
(9) 
No permanent slope will be established greater than 30°.
(10) 
Any work face or bank which slopes more than 30° downward will be adequately fenced at the top as may be required from time to time by the Earth Removal-Stormwater Inspector.
[Amended 4-30-2007 ATM, Art. 24]
(11) 
All machinery and equipment, while not in operation, shall be properly secured so as not to represent a danger to the public.
(12) 
At the commencement of the earth removal operations, the applicant shall see to it that the first 100 feet of driveway or accessway leading from the public way to the removal site is paved with a bituminous surface of adequate dimensions and specifications so as to minimize the hazard to the public way from the site by transporting vehicles; further, during removal operations, the applicant shall make every reasonable effort to keep dust, noise, fumes, smoke, vibration or other noxious conditions from affecting abutting land and dwellings.
(13) 
Temporary off-street parking for motor vehicles shall be provided during the life of the permit.
(14) 
Any access to excavated areas or areas in the process of excavation shall be blocked off with adequate barriers and posted with "No Trespassing" signs during all periods when removal operations are shut down.
(15) 
Under no circumstances are explosives to be used in connection with the within permit. Any use of explosives must be in strict compliance with state statutes and by separate permit from appropriate authority.
(16) 
The within permit shall be personal to the applicant and may not be sold, assigned or otherwise transferred, mortgaged, pledged or encumbered without the approval of the Board of Selectmen upon such terms and conditions as it may deem necessary to assure compliance with the terms of the permit, the bylaw and these regulations.
(17) 
Trees, stumps, boulders and other debris resulting from the earth removal operation will be removed, buried or otherwise destroyed as required by the Earth Removal-Stormwater Inspector. No open burning will be permitted except by permission of the Fire Chief.
[Amended 4-30-2007 ATM, Art. 24]
(18) 
Any backfill material utilized in connection with the restoration site plan will be clean and free of rubbish, refuse or other similar matter. No dumping or disposal of refuse will be allowed on the site at any time.
(19) 
The site work and specifications noted on the restoration site plan shall be performed in accordance with said plan. Topsoil cover shall be retained, replaced or introduced suitable for plant growth over all areas disturbed by the removal operation to a depth of not less than four inches, and the area shall be replanted with trees, grass or other suitable ground cover as specified in said plan. Upon completion of the operation, the applicant shall have taken such steps as are necessary to ensure that the planted area is protected from erosion until its growth is established.

§ 239-9 Inspections.

[Amended 4-30-2007 ATM, Art. 24]
The Board of Selectmen has established the post of Earth Removal-Stormwater Inspector. This official, acting as an agent of the Board of Selectmen, has full authority to enter upon the earth removal site at any time and to determine whether the terms, conditions and restrictions of the earth removal permit are being complied with. Among the duties of the Earth Removal-Stormwater Inspector are the responsibilities of determining whether the perimeter of the excavation is in accordance with the provisions of the removal site plan as determined by the prescribed permanent monuments. It shall also be his obligation to see that all requirements of the permit are met within the duration of the permit and to report to the Selectmen from time to time as to the degree of compliance and the general nature of the removal activity. He shall also investigate all complaints of any nature having to do with a given earth removal activity and report, in writing, to the Board of Selectmen. See separate job description.[1]
[1]
Editor's Note: Said job description is on file in the office of the Board of Selectmen and may be examined there during regular office hours.

§ 239-10 Compliance with permits required.

A. 
At the time of issuing an earth removal permit and entering into an earth removal agreement with the applicant, the Board of Selectmen will require that compliance by the applicant with the conditions, terms and restrictions of the permit be secured by one, or in part by one and in part by the other, of the methods described in the following Subsection A(1) and (2), which method, in whole or in part, shall be selected initially by the Board of Selectmen and which may, during the term of the permit, upon the request of the holder of the permit, be varied by the Board of Selectmen:
(1) 
By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Board of Selectmen to pay the cost of doing the work necessary to make the site conform to the restoration site plan. The penal sum of any such bond or the amount of any deposit required may be decreased by the Board from time to time as the progress of earth removal or the restoration work warrants in order that said penal sum or the amount of the deposit shall be and remain reasonably approximate to the cost of doing such necessary work. Any such bond may be enforced and any such deposit may be applied by the Board of Selectmen for the benefit of the Town upon failure of the performance for which said bond or deposit is given, including the cost of work done by or on behalf of the Town under the terms of §§ 239-6A(8) and 239-8C(19) to the extent of the actual cost to the Town for completing such performance.
(2) 
By a covenant, executed and duly recorded by the owner of record of the earth removal site, running with the land and in favor and the Town, of the owners from time to time of the lots abutting the earth removal site, whereby the earth removal site shall be made to conform to the restoration site plan before the portion of the lot upon which the earth removal site is located may be conveyed or mortgaged.
B. 
Restoration of site.
(1) 
Upon restoration of the site to the condition shown in the restoration site plan and upon full compliance by the holder of the permit with all conditions, terms and restrictions contained therein, the Board of Selectmen, upon being satisfied, by such investigation as it shall deem necessary, that the required restoration has been completed, will issue a certificate of compliance which will conclusively establish such compliance and shall release the interest of the Town in any bond and return the bond or deposit to the person entitled to receive the same.
(2) 
In the event that the funds provided by either the performance bond or cash deposit shall prove inadequate to complete the restoration of the land to contract specifications, the property owner shall be held liable for the deficiency, and, should he fail to meet the same, the Town shall attach the land for the amount of said deficiency.

§ 239-11 Amendment of regulations.

These earth removal regulations may be amended by the Board of Selectmen at any scheduled regular or special meeting of the Board of Selectmen upon seven days' notice posted in the Town Hall and in such other place and manner as it deems appropriate.

§ 239-12 Certificate of exemption.

[Amended 10-4-1993; 6-21-1999]
A. 
Prior to removing any earth materials from the premises under Chapter 134, Earth Removal, § 134-10, Exemptions (Note: See Code of the Town of Groton, available in the Town Clerk's office.), the landowner shall submit a request for a certificate of exemption to the Board of Selectmen. Such requests shall include the information on the form entitled "Request for Certificate of Exemption" (Note: Forms are available in the Selectmen's office in the Town Hall.) and a sketch plan (with dimensions) showing the following information:
(1) 
Approximate location of property lines.
(2) 
Approximate location of any existing or proposed structures.
(3) 
Approximate location of any wells (including those of abutters) within 100 feet of the area to be excavated.
(4) 
Approximate location of any existing or proposed sewage disposal systems (including those of abutters) within 100 feet of the area to be excavated.
(5) 
Identification of any area which normally collects standing water.
(6) 
Approximate location of any wetlands.
(7) 
Location of area to be excavated, filled or otherwise modified.
(8) 
Proposed or existing location of stockpiled material.
B. 
If the quantity to be removed from the premises is more than 50 cubic yards, the applicant must demonstrate compliance with § 134-10 of Chapter 134, Earth Removal, by submitting an explanation of the calculations used to arrive at the quantity of material to be removed. The amount of material to be removed in conjunction with new construction or subdivision roads shall be calculated and stamped by a registered land surveyor or professional engineer. The Board of Selectmen and its agents shall verify that the maximum quantity does not exceed that displaced by the portions of the building, walk, driveway, street or similar appurtenances below finished grade and is otherwise in conformance with the provisions of § 134-10. The displaced earth material shall be stockpiled on the site and shall not be removed until construction of the structure has commenced. In the case of a subdivision, the material shall not be removed until the subdivision road has been paved. No material shall be removed from the premises until a certificate of exemption is granted by the Board of Selectmen, or its designee. (For quantities less than 50 cubic yards, see Chapter 134, Earth Removal, § 134-11, Special permits.)
C. 
A copy of the regulations on exemptions to Chapter 134, Earth Removal, shall be provided to each applicant when a building permit application is submitted to the Building Inspector. A copy of the regulations on exemptions shall be provided to the developer when an application for approval of a definitive subdivision plan is submitted to the Planning Board.
D. 
The Board of Selectmen shall issue a certificate of exemption only if the final plan qualifies as an exemption under § 134-10 of Chapter 134, Earth Removal. The Board of Selectmen shall consult with the Earth Removal-Stormwater Inspector, Earth Removal-Stormwater Advisory Committee, Building Inspector, Planning Board, Conservation Commission, Board of Health, Highway Surveyor, Police Chief, Fire Chief or any other appropriate licensing body prior to acting on the application. The Board of Selectmen shall act on the request for a certificate of exemption within 30 days of receipt of the application at the Selectmen's office. Copies of the certificates of exemption shall be forwarded to the Earth Removal-Stormwater Inspector, Earth Removal-Stormwater Advisory Committee, Building Inspector, Planning Board, Conservation Commission, Board of Health, Highway Surveyor, Police Chief and Fire Chief. The application and certificate of exemption shall be kept on file in the Selectmen's office. A certificate of exemption shall expire one year from the date of issuance.
[Amended 4-30-2007 ATM, Art. 24]
E. 
If the quantity of earth material to be removed from a site is 500 cubic yards or less from a single lot held in separate ownership from the adjoining lots, the Earth Removal-Stormwater Inspector shall issue a certificate of exemption only if the final plan qualifies as an exemption under § 134-10 of the Earth Removal Bylaw. The Inspector shall act on the request within 14 days of receipt of the application in the Selectmen's office. The application and certificate of exemption shall be kept on file in the Selectmen's office. A certificate of exemption shall expire three months from the date of issuance.
[Amended 4-30-2007 ATM, Art. 24]
F. 
Strict compliance with these regulations may be waived when, in the judgment of the Board of Selectmen, such action is in the public interest and not inconsistent with the intent of Chapter 134, Earth Removal.
G. 
Every application for removal of 500 cubic feet or more shall be accompanied by a filing fee of $50. The Board of Selectmen waives the fee for applications submitted by Town departments and other public agencies.
[Added 1-28-2002]