[HISTORY: Adopted by the Town Meeting of the Town of Charlton
as Art. XLI of the 2005 Bylaws. Amendments noted where applicable.]
The following words used in this bylaw shall have the following
meanings unless a contrary intention clearly appears:
The Selectmen of the Town of Charlton.
Soil, loam, sand or gravel or any combination thereof.
A parcel of land held in identical ownership throughout,
including all contiguous land held in the same ownership within the
Town of Charlton. Any other land held in the same ownership, but not
within the Town of Charlton, shall be considered a separate parcel.
Includes a corporation, society, association and partnership.
The Town of Charlton.
A.
No earth shall be removed from any lot in the Town unless an earth
removal permit therefor shall first have been obtained from the Board.
B.
The provisions of this section shall not apply to:
(1)
The removal of earth in connection with the construction of or other
work on a building or other structure or facilities ancillary to a
building or other structure under the authority of a permit issued
by any department or agency of the Town;
(3)
The removal of earth from land in public use;
(4)
The removal of earth for any municipal purpose by or on behalf of
the Town or any department or agency thereof;
(5)
The removal of not more than a total of five hundred (500) cubic
yards of earth from a lot within any period of ten (10) consecutive
years;
(6)
The removal of earth which is customarily incidental to agriculture,
horticulture or floriculture; and
(7)
The removal of earth in connection with the construction or improvement
of a private way.
A.
Applications for earth removal permits shall be made to the Board.
B.
Each application shall include and be accompanied by the following
information and supporting documentation:
(1)
The location of the lot from which it is proposed to remove earth;
(2)
The complete name and address of the owner of the lot;
(3)
The complete name and address of the applicant;
(4)
Adequate evidence of the applicant's ownership of the lot or
authority from the owner of the lot to remove earth therefrom, as
the case may be;
(5)
The quantity of earth to be removed;
(7)
Such other relevant information as may be required by the Board.
C.
Each application shall be accompanied by the sum of five hundred
dollars ($500) for the permit fee, which the Board shall pay over
upon receipt to the Town Treasurer.
A.
Before acting on an application, the Board shall hold a public hearing
thereon.
B.
Before holding a public hearing, the Board shall, at the expense
of the applicant, give notice of the time, place and subject matter
of the hearing at least seven (7) days prior thereto by publication
in a newspaper of general circulation in the Town.
A.
No permit shall be issued for a period in excess of five (5) years,
and the beginning and terminating dates shall be set forth thereon.
B.
Each permit shall be subject to the following conditions which shall
be set forth thereon:
(1)
No earth shall be removed from the lot in such manner or in such
quantity as to alter the course or increase the volume of surface
or subsurface water draining from the lot.
(2)
No slope created by the removal of earth shall be finished at a grade
in excess of two (2) (horizontal) to one (1) (vertical) expressly
otherwise set forth in the permit.
(3)
Upon completion of the removal of earth from the lot, all stones
and boulders protruding above the finished grade in those areas from
which earth was removed a distance of four (4) inches or more shall
be buried beneath the finished grade or removed from the lot.
(4)
Upon completion of the removal of earth from the lot, all areas from which earth was removed, except where ledge rock is exposed, shall be brought to the proposed finished grades shown on the plan referred to in § 130-3, covered with not less than four (4) inches of the original topsoil or topsoil of equivalent or greater quality than the original topsoil, and seeded with a suitable cover crop.
(5)
Such other conditions consistent with the provisions of this bylaw
and any regulations adopted hereunder as may be imposed by the Board.
C.
The applicant shall post with the Treasurer of the Town a bond in
a form approved by the Town Counsel in such amount and with such sureties
as determined by the Board to be sufficient to guaranty compliance
with the terms and conditions of the permit.
D.
The permit-issuing Board may hire at the applicant's expense
engineering consulting services to provide the Board with a plan review
and recommendations as deemed necessary.
No provision of this bylaw shall be deemed to amend, repeal
or otherwise change any zoning bylaw of the Town now or hereafter
in effect or to derogate from the intent or purposes of any such zoning
bylaw.
This bylaw shall take effect upon its approval by the Attorney
General and its publication and posting as required by MGL c. 40,
§ 32; provided, however, that any earth removal operations
being actively conducted on the effective date of this bylaw may continue
unaffected by this bylaw.
Any person who continues to violate any provision of this bylaw
or any permit issued hereunder after the expiration of ten (10) days
after written notice of such violation by the Board to such person
shall be liable to a penalty of fifty dollars ($50) for the first
offense, one hundred dollars ($100) for the second offense and two
hundred dollars ($200) for each subsequent offense. Each day that
any such violation continues shall constitute a separate offense.
