Town of Westminster, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Westminster 11-29-2004. Amendments noted where applicable.]
Earth removal — See Ch. 97.
Wetlands — See Ch. 202.
Zoning — See Ch. 205.
Subdivision of land — See Ch. 231.

§ 209-1 Purpose.

Pursuant to the Earth Removal Bylaw of the Town of Westminster,[1] the following rules and regulations have been adopted by the Westminster Board of Selectmen for the purpose of defining in detail the conditions which must be met and/or complied with by each permittee in the process of excavation and removal of earth and the subsequent restoration of the site.
Editor's Note: See Ch. 97, Earth Removal, Art. III, Procedure for Removal of Earth Materials.

§ 209-2 Submission requirements.

The following are required:
A complete application Form ER-1[1] and accompanying filing fee (original application and two copies).
Editor's Note: ER-1 is on file in the Board of Selectmen's office.
Eight copies of the site plan prepared by a registered land surveyor or engineer showing property lines, names and addresses of all abutters, including those across any street or way, existing contours at two-foot intervals in the area from which the above material is to be removed, and in surrounding area, drainage patterns, including drainage calculations, depth to groundwater in the area of the excavation, and test pit locations.
A filing fee of $200 at the time of filing plus the cost of advertising the public hearing to be directly billed to the applicant.

§ 209-3 Processing of plans.

On the receipt of all the items enumerated above, the Board shall distribute the copies thereof, together with a request for recommendations to other local boards and agencies as follows:
One set of plans and one copy of application to the Planning Board.
One set of plans and one copy of application to the Board of Health.
One set of plans to the Building Inspector.
One set of plans to the Conservation Commission.
One set of plans to the Fire Department.
One set of plans to the Police Department.
The Board of Selectmen will request that the boards/commissions submit comments to the Board no later than the date of the public hearing. The Board will not schedule a public hearing less than 30 days from when the plan is received to give Town boards/commissions adequate time to submit comments. If no comments are received by the hearing date, it shall be deemed that the department has no opposition to the proposal.

§ 209-4 Engagement of outside consultants.

To assist the Board of Selectmen, the Board may impose reasonable fees for the engagement of outside consultants or arrange for an engineering review of the proposed operation. In addition to reviewing the plan for conformance with the bylaw, the Board of Selectmen may require, as a condition of an earth removal permit, that the applicant shall in written form provide both notice and proof of an executed agreement between the applicant and a Clerk of the Works who will submit regular reports to the Board of Selectmen for the duration of the earth removal operation.

§ 209-5 Operation provisions.

The Board of Selectmen, employees of the Town of Westminster authorized by the Board of Selectmen, and any consultant hired to oversee the operation may enter upon the subject property from time to time for the purposes of viewing the work site and determine whether the permittee is complying with the terms and conditions of the permit.
The excavation and removal of earth from the land defined in the permit shall be restricted to the hours of 7:30 a.m. to 5:00 p.m. No earth is to be excavated or removed on Saturdays, Sundays or Massachusetts legal holidays.
Earth removal operations proposed within the wetlands resource areas as defined by the Westminster Wetlands Bylaw[1] or the Wetlands Act shall receive an order of conditions from the Conservation Commission before the commencement of any earth removal activity within the resource area.
Editor's Note: See Ch. 202, Wetlands.
The permittee may excavate and remove only such amount of earth as is necessary to reach grade levels as shown by the finished grade levels on the plans submitted with the application. In no event shall the permittee excavate below the specified grade levels. The permittee shall not remove loam or sod from the site but will stockpile the same in the course of excavation for use in the restoration process.
The permittee shall receive written approval from the Board of Selectmen in addition to any other permits that may be required before the permittee may place or allow to be placed or erected on the subject area any structure or building, for the purpose of processing sand or gravel or for any other purposes. This includes any machinery used for the processing of earth materials.
The permittee shall install observation wells, having a minimum diameter of 1 1/2 inches, for the purpose of monitoring groundwater levels. The number and location of monitors shall be determined by the Board of Selectmen depending on the size of the operation. Readings of the water levels shall be taken by the permittee or its agent at thirty-day intervals for the duration of the project, or at another interval as approved by the Board of Selectmen. Such readings shall be submitted to the Board of Selectmen.
Upon the completion of the earth removal operation, the permittee shall furnish to the Board of Selectmen a certification from a registered civil engineer or land surveyor, verifying that the grade levels, well sites and buried materials, if any, on the plan are as specified.

§ 209-6 Restoration requirements.

All boulders and other natural debris may not be buried on-site without specific approval from the Westminster Board of Health. The location of such material shall be shown on the site plan. No stumps shall be allowed to be buried on-site.
On September 1 of the current year, all areas that have been brought to grade, and all other areas where no further earth removal is to occur, shall begin to be restored in accordance with these provisions. Such restoration is to be completed no later then October 15th, or such later date as approved by the Board of Selectmen.
Failure to achieve restoration results acceptable to the Board of Selectmen will require the permittee to resow any vegetation during the period of April 15 to May 31. The performance guarantee will not be released until all vegetation has been established to the satisfaction of the Board of Selectmen.
The work required for restoration shall include subgrade preparation for topsoil; rehandling and spreading stripped topsoil, including finish grading and compaction; provision for importing loam if required to achieve a depth of topsoil of four inches uniformly; application of lime; application of fertilizer, seed and wood fiber or hay mulch employing the hydroseeding spray method; and maintenance of seeded areas until acceptance.

§ 209-7 Performance guarantee.

No earth removal permit will be granted pursuant to these regulations until the applicant shall have paid a performance bond in an amount determined by the Board of Selectmen and posted in the name of the Town assuring satisfactory performance in the fulfillment of the requirements of the bylaw and such other conditions as the Board may impose as conditions to the issuance of its permit.
When the permittee has completed the earth removal operation, has restored the site to the satisfaction of the Board of Selectmen, and such operation has been inspected and found satisfactory according to the standards of the Board of Selectmen, the permittee shall send, by certified mail to the Town Clerk and the Board of Selectmen, a written statement that the earth removal operations have been completed in accordance with the approved plans and the conditions of the permit. Such statement shall be accompanied by two copies of a certificate by a designer, engineer, or land surveyor, as the case is appropriate, that the work has been completed to the extent described in the permit and approved plans.