A.
The removal of soil, loam, sand, gravel, quarry or other earth material from any parcel of land not in public use in the Town of Newbury, except as hereinafter provided, shall be allowed only after a written permit therefor is obtained from the Board of Selectmen after a public hearing of which due notice is given.
B.
No permit shall be required for the continuous operation on any parcel of a sand or gravel pit in operation at the time this By-Law is adopted, provided such operation is not thereafter discontinued for more than one 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 a building on the parcel.
C.
In issuing a permit under this By-Law, the Board of Selectmen 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, 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 By-Law for a period of more than three years.
D.
Regulations governing removal of sand, gravel, quarry or other earth materials. For the removal of sand, gravel, quarry or other earth materials including the processing and treating of raw materials (other than that which is incidental to and in connection with the construction of a building on a parcel, up to a maximum of 2,000 cubic yards) the following regulations shall govern:
[Amended 3-20-1973 ATM, Art. 28, 4-23-2019 ATM, Art. 19]
(1)
Removal and processing operations shall not be conducted closer than 50 feet to a public street.
(2)
All equipment for sorting, washing, crushing, grading, drying, processing and treating, or other operation machinery, shall not be used closer than 100 feet from any public street or from any adjoining property line.
(3)
One (1) off-street parking space will be provided for every two employees on the combined employment of the two largest successive shifts.
(4)
Any access to excavated areas or areas in the process of excavation will be adequately posted with KEEP OUT- DANGER signs.
(5)
Any work face or bank that slopes more than 30 degrees downward adjacent to a public street will be adequately fenced at the top.
(6)
Adequate provision is to be made for drainage during and after the completion of operations.
(7)
Lateral support shall be maintained for all adjacent properties.
(8)
The use of explosives shall be done in accordance with the regulations for storage or handling of explosives as published by the Commonwealth of Massachusetts.
(9)
All operations shall be conducted in such a manner so as to comply with the laws of the Commonwealth of Massachusetts regulating water pollution and air pollution.
(10)
Site plans shall be submitted to the Building Inspector in accordance with the following criteria:
(a)
Site plans shall be filed with the Building Inspector for any land which is used or intended to be used for the extraction of sand, gravel, rock, and associated earth materials.
(b)
Site plans of the removal areas shall be prepared by a registered professional engineer at a scale of 200 feet to the inch and shall be in accordance with and include the following:
[1]
Property lines.
[2]
Adjacent public streets.
[3]
Proper provisions for safe and adequate water supply and sanitary sewerage and for temporary and permanent drainage of the site.
[4]
Regrading of all or parts of the slopes resulting from such excavation or fill; and
[5]
Replacement of at least 4 inches of topsoil over all excavated, filled, or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization. Also, the Building Inspector shall require a bond signed by the owner and applicant as principals, in an amount to be determined by the Building Inspector, to be posted to assure fulfillment of the conditions imposed, within such time as the Building Inspector may set.
[6]
Submission of plan for lighting if night operation is contemplated.
[7]
Proper provision for vehicular traffic, service roads, control of entrances and exits to highways.
[8]
The relation of future building and operations machinery to the removal areas.
[9]
Delineation of removal areas.
[10]
Provision for a substantial fence enclosing the excavation or quarry will extend under original ground level or will have a depth of 10 feet or more and create a slope of more than 1 in 2. Such fence shall be located 10 feet or more from the edge of the excavation or quarry, and shall be at least 6 feet in height.
[Amended 11-12-2019 STM, Art. 13]
(11)
Land reuse plan(s) must be submitted to and approved by the Building Inspector, following review by the Planning Board subject to the regulations set forth in the following paragraphs:
(a)
The Building Inspector may require up to three approved alternative future land reuse plans to be submitted for such land as is used for the extraction of sand, gravel, rock, and associated earth materials. It is recognized that land reuse of the removal areas is in the public interest.
(b)
Said land reuse plan and its implementation applies to the conversion of the abandoned site and its planned reuse. It is, therefore, required that any land reuse plan correspond to a situation which could reasonably occur in the immediate future (0 to 5 years), and be revised as necessary as the existing physical character of the removal area changes.
(c)
The land reuse plan will be developed in accordance with the following considerations:
[1]
The harmony of the Land Reuse Plan with the zoning by-law and with the general purposes and intent of the Newbury Master Plan.
[2]
The effect of the land reuse on neighboring properties.
[3]
The estimated cost of accomplishing the land reuse.
[4]
The existing character of the neighborhood.
[5]
The effect upon future value of the land.
[6]
The potential uses to which the land could be put.
[7]
Sufficient amount of planting for prevention of erosion and for adequate screening.
[8]
The Land Reuse Plan must meet all reasonable requirements which the Building Inspector, with advice from the Planning Board, may impose to protect the health, safety, and general welfare of the general public.
(d)
The Land Reuse Plan or any part thereof which reasonably applies to an area which has been abandoned from removal use, shall be put into effect within one year of the abandonment of said operation. Abandonment for the purposes of this subsection shall be defined as the visible or otherwise apparent intention of the owner and user of the land to abandon the use of the land.
(e)
Performance guarantee: In order to ensure that all reasonable requirements of the future land reuse plan relating to safety, signs, fencing, seeding, and planting will be carried out immediately upon completion of the mining or quarrying, the Building Inspector shall require, within 60 days of the approval of the land reuse plan, one of the following at the election of the property owner:
[1]
A surety bond written by an insurance company authorized to do business in Massachusetts, or certified check shall be posted with the treasurer of the Town of Newbury in an amount determined by the Planning Board to be sufficient to cover the cost of carrying out the appropriate reuse plan requirement.
[2]
An agreement shall be entered into and recorded on the land records whereby the Town of Newbury, in order to be put in an assured position to have the provisions of this section complied with, shall be given a lien on property within the mine or quarry site, and the amount of said lien shall be a sum determined by the Building Inspector as the reasonable cost of carryout of the proposed reuse. The property given by way of lien shall have a reasonable value, as determined by the Building Inspector, equal to the value of the cost of carrying out the reuse requirements.