This article is adopted under the authority contained in Massachusetts
General Laws, Chapter 40, Section 21, Paragraph 17.
The purpose of this article and associated regulations is to
regulate earth removal operations and land filling operations for
the protection of human health, public safety, welfare, and the Town's
natural resources in the Town of Westminster. Further, the provisions
of this article are intended to protect abutting property owners from
drainage problems that could potentially be created by poorly managed
earth removal and/or filling operations.
ABUTTERS
The owners of property within 300 feet of the perimeter of
the subject property.
APPLICANT
The owner of land from which earth will be removed or fill
to be placed, or the person of lawful standing in the stead of such
owner. Any person, company, or agent standing instead of the actual
property owner must have the owner's written permission to do so.
BOARD
The Planning Board of the Town of Westminster, which shall
act as the permit granting authority (PGA).
EARTH
This term shall include soil, loam, sand, gravel, clay, peat,
rock, or other earth material in solid form.
EARTH REMOVAL OPERATION
Any commercial mining, stripping, quarrying, filling, digging
or blasting of earth originating from the Town of Westminster and
its transportation into or out of the Town of Westminster.
EROSION
The process by which the ground surface is worn by forces
such as wind, running water, ice, abrasion, gravity, transportation
or by artificial means.
FILLING OF LAND
The import and use of earth materials on any parcel of land
within the Town of Westminster.
GRAVEL
Loose fragments of rock or coarse aggregate resulting from
natural disintegration and abrasion of rock or processing of weakly
bound conglomerate.
LOAM OR TOPSOIL
A soil consisting of a friable mixture of varying proportions
of clay, sand, silt, and organic matter.
PGA
The permit granting authority, which will be the Planning
Board for the purposes of this article.
PROCESSING
The sorting or separation of earth materials into distinct
categories based on particle size or type usually through the use
of a screening process, not including stone crushing.
PROPOSED FILL MATERIAL
Any geologic, man-made, recycled or processed material including
in its entirety or as a proportion containing clay, rock, sand, gravel,
peat and sediment. Material meeting the federal and/or state definition
of solid or hazardous waste or as toxic, infectious, radioactive,
corrosive, or reactive material is specifically excluded.
SILT
Loose sedimentary material with rock particles usually less
than 1/16 mm or less in diameter based on the Wentworth scale of measurement.
SITE
A distinct portion of one to three contiguous lots, under
the same or different ownerships, on which an earth removal and/or
fill operation is conducted, or is proposed to be conducted, under
the permit.
SLOPE
An area that is more or less steep, as measured by the vertical
rise over the horizontal distance, expressed as a percentage or ratio.
For example, a rise of one foot over three horizontal feet is a slope
of 33% and is expressed as a ratio of 3:1 slope.
STONE CRUSHING
The mechanical operation which creates smaller-sized stones
or stone products from larger-sized stones, boulders or particles
typically using a crushing plant or similar machinery.
[Amended ATM 6-20-2020 by Art. 33]
A. All earth removal and earth filling operations in the Town shall
provide the following information, in writing, to the Building Inspector
within six months of the effective date of this bylaw:
(1) The map and parcel number of the subject property;
(2) An estimate of the amount of material left to be removed (if earth
removal);
(3) An estimate of the amount of fill material remaining to be placed
(if fill);
(4) An estimate of the anticipated annual volume of activity;
(5) A description of completed and planned reclamation of the property;
(6) The date the operation began; and
(7) The anticipated date of completion or cessation of the operations.
B. Except as provided in §
97-8 or §
97-14, a permit shall be required for any of the following activities:
(1) Earth removal that involves 1,000 cubic yards or more of material
per calendar year (January through December).
(2) The filling of land that involves 1,000 cubic yards or more of material
per calendar year (January through December), provided that it involves
either:
(a)
The disturbance of one or more acre of land; or
(b)
The filling of land in excess of 18 inches in depth above the
existing grade.
C. An earth removal or filling operation that does not exceed any of
the above thresholds shall not require a permit, but is subject to
the following requirements (unless otherwise agreed to, in writing,
by the abutting property owner):
(1) The operation shall not encroach closer than 50 feet to a property
line.
(2) An undisturbed fifty-foot buffer strip shall be maintained along
all property boundaries.
(3) No greater than a 1:1 slope shall exist between the operation and
the ten-foot buffer.
[Amended ATM 6-20-2020 by Art. 33]
The following earth removal or fill operations are exempted
from the requirement to obtain a permit under this bylaw, provided
that i) the earth removal and/or fill operation does not exceed a
total area of five acres, and ii) the operation is not conducted,
maintained, and/or left in a condition so as to alter the natural
drainage flow beyond the property; or to cause dust, silt, soil, or
other materials to be deposited on adjacent properties; or to otherwise
cause nuisances, hazards, or other objectionable conditions detrimental
to health, safety, or property values in adjacent areas.
A. Earth removal or the placement of fill associated with the installation
of septic systems, which shall be governed by the Commonwealth of
Massachusetts Environmental Code (Title 5, 310 CMR 15.00).
B. Earth removal or the placement of fill associated with the installation
of foundations for new buildings and/or building additions, which
shall be governed by MGL c. 143 and the Commonwealth of Massachusetts
Building Code (780 CMR).
C. Earth removal or the placement of fill proposed for land falling within the Town's Floodplain Protection District, which shall be governed by §§
205-9 and 205-46 of the Westminster Zoning Bylaw and require a special permit from the Zoning Board of Appeals.
D. Earth removal or the placement of fill proposed for land falling within the Town's Wetland Protection District and associated buffer zones, which shall be governed by the Wetland chapter within the Town's General Bylaws (Chapter
202) which is administered by the Conservation Commission, and the Massachusetts Wetlands Protection Act.
E. Earth removal or the placement of fill that involves less than 1,000
cubic yards on a single lot.
F. Earth removal or the placement of fill, where the operation occurs
entirely within an individual parcel and where a Town-accepted public
way is not used for the transportation of the material.
G. Earth removal or the placement of fill within the right-of-way for a new subdivision road that has been approved by the Planning Board or Zoning Board where there is already a bond in place with the Town to ensure performance. For earth removal outside of a new subdivision road right-of-way, a permit will be required if the amount of earth removed exceeds the thresholds specified in §
97-7.
H. The PGA shall, upon petition by an abutter or by any Town official or Town board, review an operation that would be exempt from the permit requirement pursuant to this §
97-8, and may determine that, because of the nature and scope of the earth removal or fill operation, a permit is nonetheless required.
The PGA may adopt and periodically amend rules and regulations
for the implementation of this article, by majority vote. Such rules
and regulations may set forth performance standards for earth removal
and fill operations, impose filing and consultant fees, define additional
terms not inconsistent with the article, and establish administrative
procedures. Failure by the PGA to adopt such rules and regulations
or a legal declaration of their invalidity by a court of law shall
not act to suspend or invalidate the effect of this article.
Once a complete permit application is filed with the PGA, the
PGA shall set a date for a public hearing and so notify the applicant.
Notice of the hearing shall be published by the PGA, at the applicant's
expense, in a newspaper of general circulation in each of two successive
weeks, the first publication being not less than 14 days before the
day of said hearing. Notice of the hearing shall be given to all owners
of real estate abutting upon the land specified in the permit application
or lying within 300 feet of the subject parcel, all as appearing on
the most recent tax list. The PGA will arrange for the publication
and transmission of the notice of the hearing to the abutters, and
the costs will be billed to the applicant. Final approval for the
permit shall not be made until all hearing fees have been paid in
full.
The provisions of this article are severable, and the invalidity
of any section, subdivision, paragraph, or other part of this article
shall not affect the validity or effectiveness of the remainder of
the article.