[HISTORY: Adopted by the Annual Town Meeting of the Town of Wakefield 6-1-1992 by Art. 37 as Ch. XIII of the 1992 Bylaws. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 115.
A. 
The removal of soil, loam, sand or gravel from any parcel of land not in public use in the Town of Wakefield, except as hereinafter provided for, shall be allowed only after a written permit therefor has been obtained from the Zoning Board of Appeals (hereinafter, the "Board") appointed under the zoning and building laws of the Town of Wakefield,[1] and then only after a public hearing of which due notice is given.
[Amended 5-10-2018 ATM by Art. 22]
[1]
Editor's Note: See Ch. 94, Building Construction, and Chapter 190, Zoning.
B. 
No permit shall be required for the continuous operation on any parcel of land of a sand or gravel pit in operation at the time this chapter is adopted, provided that such operation is not thereafter discontinued for more than one (1) year, and no permit shall be required for the removal of soil, loam, sand or gravel from any parcel of land when incidental to, and in connection with, the construction of building on said parcel.
C. 
In issuing a permit under this chapter, the Board may impose such conditions not specifically provided for herein as it may deem necessary for the adequate protection of the neighborhood and the town. Any conditions imposed by the Board shall be attached to and made a part of the permit. The Board may, in its discretion, require a bond, certified check or other security for compliance with said conditions or as evidence of good faith as to the completion of any proposed construction. The Board may, after a public hearing, on proof of violation of any condition, revoke any permits so issued. No permit shall be issued under the provisions of this chapter for a period of more than three (3) years.
[Amended 5-10-2018 ATM by Art. 22]
A. 
Soil and loam may be removed from any parcel of land if such parcel is determined by the Board to be unsuitable for agricultural use, and the Board may issue a permit for such removal; provided, however, that the Board shall, in making such decisions, obtain the recommendations of the appropriate State officials, and their recommendations shall be made a part of the records of the Board. In issuing a permit, the Board may impose reasonable conditions as to the reestablishment of ground levels and grades.
[Amended 5-10-2018 ATM by Art. 22]
B. 
Notwithstanding the provisions of the above, the Board may issue a permit for the removal of soil or loam from any parcel of land in the town where such removal is necessarily incidental to, and in connection with, the construction of a road or other facility involving a permanent change in the use of the land. The Board shall issue no such permit unless it is reasonably satisfied that the construction will be completed, and evidence thereof shall be made part of the records of the Board.
Soil, loam, sand or gravel may be removed from any parcel of land within such parcel lying within three hundred (300) feet of any street or way, provided that a permit therefor has been issued by the Board after satisfactory evidence that such removal will not be seriously detrimental or injurious to the neighborhood; provided, further, that the Board shall impose reasonable conditions as to the method of removal, the reestablishment of ground levels and grades and the planting of the area to suitable cover as it may deem necessary. Removal of soil or loam under authority of this section shall be further subject to the provisions of § 108-2.
[Amended 5-10-2018 ATM by Art. 22]
The violation of any provision of this Article is punishable by a fine of $100 for the first violation, $200 for the second, and $300 per violation for a third or subsequent violation. Each calendar day that a violation continues shall constitute a separate violation. This Article shall be enforced by the Building Inspector, and in his or her discretion may be made the subject of non-criminal disposition proceedings commenced pursuant to MGL c. 40, § 21D.