The purpose of this bylaw is to regulate earth
filling operations for the protection of human health, public safety,
welfare, and the integrity of the natural resources of the Town of
Salisbury.
The filling of any lot or lots as part of a
single project or series of related projects with greater than 500
cubic yards in total of topsoil, borrow, rock, sod, loam, peat, humus,
clay, sand or gravel ("earth material") within any twenty-four-month
period shall be done only in accordance with this bylaw. Filling includes
transporting earth material from one location (inside or outside of
the Town) and depositing the earth material in another location in
the Town. Filling does not include redistributing earth material within
a single site. No solid or hazardous waste, refuse, junk, industrial
waste, volatile, explosive or flammable materials, garbage, building
materials, construction and demolition debris, glass, metal, toxic,
infectious, radioactive, corrosive, or reactive material or waste
may be used as fill in the Town.
Each copy of an application for a large project
filling permit to the Board of Selectmen shall be accompanied by a
written statement describing the proposed regulated activity, together
with the following information:
A. Soil management plan.
(1) The soil management plan shall be signed by a Massachusetts
licensed site professional (LSP). The LSP shall specifically state
that "The subject plan meets the requirements of Salisbury's Earth
Filling Bylaw and any other applicable federal or state law or regulation
pertaining to the transport, use and/or disposal of earth and other
materials for fill."
(2) The soil management plan must contain sufficient detail
to document that the requirements of this Earth Filling Bylaw will
be met. The plan shall specifically require that bills of lading in
the form specified by the Board of Selectmen and procedures approved
by the Board of Selectmen will be exclusively used for the transport
and acceptance of earth materials for fill.
(3) The soil management plan shall include the following
at a minimum and shall include any other information required by the
Board of Selectmen:
(a)
Complete descriptions of pre-fill environmental
conditions and findings and sample locations;
(b)
Procedures for verification of fill material
origin and acceptance;
(d)
Site security, fill operation inspection and
site control;
(e)
Transport routes, times and days of operation,
locations of equipment parking and storage and duration of fill activities;
(f)
Qualifications of applicant personnel responsible
for adhering to the soil management plan and this bylaw;
(g)
Erosion, dust, and stormwater controls and inspection
and maintenance thereof;
(h)
Effects of the filling on groundwater recharge;
(i)
Quality assurance/quality control procedures;
(j)
Emergency response and notification procedures,
including telephone numbers and contact individuals/firms;
(k)
Total proposed earth material fill volume;
(l)
Daily personnel procedures and operation management
procedures, including types, numbers, locations and hours of operation
of any processing equipment on site;
(m)
Environmental monitoring plan to maintain protection
of human health, public safety, welfare and the environment during
and following fill operations; and
(n)
Cover material, revegetation, erosion and pollution
control, and monitoring and maintenance plan.
B. Site plan. If filling involves more than 2,000 cubic
yards of fill, a registered land surveyor or engineer shall prepare
the site plan. The site plan shall depict the following information:
(1) Existing conditions, including grades, man-made features, elevations, property boundaries, dimensions, owners of land who are entitled to notice under §
77-4G of this bylaw, access points, water bodies and watercourses, wetlands, and environmental sample locations;
(2) Process diagrams indicating fill sequence, transport
routes, and security measures;
(3) Drainage, water flow and sedimentation control before
and after the proposed filling and stormwater and erosion control
and groundwater recharge structures and features to be utilized during
fill operations;
(4) Final grade plans depicting proposed finish fill elevations,
slopes, permanent stormwater and erosion control and groundwater recharge
structures and features, the methods of final stabilization of fill
material and the proposed cover material and cover vegetation;
(5) Unless otherwise determined by the permit granting
authority, map scales shall be no more than 60 feet to the inch and
elevation contour intervals shall not exceed two feet. Elevation contours
are required only for areas of fill, 100 feet beyond the perimeter
of the fill areas and along abutting property lines. Appropriate permanent
benchmarks with elevations marked thereon and referenced to the National
Geodetic Vertical Datum (NGVD) shall be placed in the field and shown
on the plans.
All earth filling that takes place after the effective date of this bylaw shall be subject to the requirements of this bylaw. All persons engaged in non-exempt earth filling of any lot in the Town when this bylaw becomes effective shall file an application for a permit under this bylaw within 30 days thereafter. If the Town Manager determines in his reasonable discretion that such a person has not filed a required application on time, the Town Manager may issue a temporary order to suspend or limit such operations. Any such temporary order shall remain in effect until terminated or modified by the Town Manager or a permit is granted by the Town Manager or Board of Selectmen. Any fill placed in the Town pending the granting of a permit under this bylaw shall be subject to the documentation requirements of §
77-7B and
C of this bylaw and to the fees provided for under §
77-8E.