[HISTORY: Adopted by the Municipal Council of the City of
Taunton as Rev. Ords. 1964, §§ 12-28 and 12-30 (Ch.
14, Art. II, of the 2010 Code). Amendments noted where applicable.]
[Amended 8-6-1974; 4-22-1975; 11-9-1982]
It is the intent of this chapter to protect the best interests
of the residents, taxpayers, and the environment of the City by:
A.
Allowing the removal of such sod, loam, soil, clay, sand, gravel
or stone as may be required to be excavated for the purpose of constructing
foundations for buildings or other allowable structures for which
building permits have been issued, or for the purpose of constructing
ways in accordance with lines and grades approved by the Municipal
Council, Planning Board, or Board of Appeals, or for the purpose of
constructing utilities or other engineering works for public service,
and the transferal of sod, loam, soil, clay, sand, gravel, or stone
from one part of a lot, tract, or parcel of land to another part of
the same lot, tract, or parcel of land in the same ownership.
B.
Regulating and/or prohibiting the removal of earth materials from
all existing earth removal sites.
C.
Regulating and/or prohibiting the removal of earth materials from
the boundaries of any proposed new site or the expansion of an existing
site.
D.
Prohibiting the use of land for a sanitary landfill operation unless
a special permit has been granted by the Municipal Council in accordance
with the provisions of this chapter.
E.
Prohibiting the removal and/or relocation of earth materials within
200 feet of any open body of water or wetlands as defined by MGL c.
131, § 40.
F.
Requiring that all other permits or licenses applicable to the project
which is the subject of the application be first obtained prior to
the public hearing before the Municipal Council.
[Amended 8-6-1974; 11-9-1982]
Pursuant to the provisions of MGL c. 40, § 21(17),
the removal or relocation of all earth materials within the City is
hereafter regulated or prohibited as herein provided.
[Amended 8-6-1974; 11-9-1982; 7-11-2000]
A.
There is hereby created an Earth Removal Board to administer and
enforce this chapter. The Board shall be comprised of the following
City officials or their respective designees: City Engineer, Building
Inspector, Supervisor of Streets, Executive Director of the Board
of Health, Director of Planning and Conservation, Police Chief, and
Conservation Agent. The City Engineer shall serve as Chairperson of
the Board. The Director of Planning and Conservation shall serve as
clerk and provide clerical support to the Board.[1]
B.
The Board shall have the authority to see that this chapter is properly
enforced. It shall adopt rules and regulations that are not inconsistent
with the intent of this chapter and shall file such rules and regulations
with the office of the City Clerk. Copies of the rules and regulations
along with the application form are available from the Chairperson
of the Earth Removal Board and the City Clerk's office.
[Amended 8-6-1974; 11-9-1982; 8-8-2000]
A.
Existing sites. The following provisions shall apply to existing
sites:
(1)
If
a site is found to be without a valid permit, the Board shall instruct
the owner of record to cease all operations.
B.
New sites or expansion of existing sites. As to new sites or as to
expansion of existing sites:
(1)
The Board shall prepare an application form which shall require sufficient
information to enable the Council to make a rational determination
of the impact of the new site.
(2)
All applications shall be submitted to the Board together with a
filing fee of $100. Applicant shall also pay for cost of publishing
and mailing of notices.
(4)
After reviewing the comments of the above agencies, or if 21 days
elapse without such reviews or comments having been received, and
meeting with the applicant or his/her agent at the proposed site,
the Board shall forward the application to the Municipal Council along
with its recommendations and the reasons for said recommendations
within 36 days after the date of filing the application; provided,
however, that the application shall not be forwarded to the Council
until the Board has received from the applicant proof that he/she
has obtained all other permits and licenses necessary for the proposed
operation from all other municipal boards and agencies having jurisdiction
over the site. Said proof shall be forwarded to the Council along
with the application. Any application submitted to the Council without
such proof shall be considered incomplete, and the Council need not
take any action concerning the same.
(5)
Upon receipt of a complete application from the Board, the Municipal
Council shall, within 65 days, hold a public hearing on the same and
cause notice of the same to be mailed by certified mail to all abutting
property owners (including those across the street) of record in the
Assessors' office. Notice shall also be posted in the local newspaper
at least 15 days prior to the date of the hearing.
(6)
Based on the testimony at the hearing and the Board's recommendation,
the Council shall, within 90 days from the date of the hearing, make
a determination whether such operation is in the best interests of
the City. If the determination is positive, the Council may condition
the permit so as to minimize the adverse impact of the operation,
and the Board shall be responsible for enforcing those conditions.
If the determination is negative, the application shall be denied.
(7)
The Council shall include the following factors in its consideration
to the extent that they are applicable:
(a)
Groundwater table protection;
(b)
Local aquifers protection;
(c)
Aquifer recharge areas and wetlands protection;
(d)
Floodplains and lake shore protection;
(e)
One-hundred-year stormwater runoff;
(f)
Eutrophication of lakes and rivers;
(g)
Erosion, sedimentation and siltation;
(h)
Soil characteristics (soil logs);
(i)
Ambient air quality;
(j)
Ambient noise levels;
(k)
Esthetic affects to the neighborhood;
(l)
Public street conditions and design, including bridges;
(m)
Population and housing densities;
(n)
Proximity to public and private educational and recreational
activities;
(o)
Traffic conditions;
(p)
Off-site disposal of stumps and boulders;
(q)
Accessory uses and activities;
(r)
Highest and best use of property;
(s)
Reclamation plan and property reuse;
(t)
Project schedule and operation hours;
(u)
Security;
(v)
Agricultural, historical, and archaeological significance;
(w)
Significant forest and field wildlife habitats for endangered
species (flora and fauna);
(x)
Scope and elevation (contour) impacts to the surrounding area;
(y)
Earth removal benefits to the City; and
(z)
Operational impacts to the neighborhood and environment during
site development, operation, closure and post closure.
C.
Permitted sites; amendments. Any holder of an existing permit requesting
a modification of the earth removal permit shall submit a plan showing
sections completed, sections to be completed and reasons for the request.
The Municipal Council shall then make a determination as to whether
the amendment is a minor or major change in the approved plan. Minor
changes shall be heard and decided by the Earth Removal Board without
a public hearing, and major changes shall require a public hearing
in front of the Municipal Council.[1]
E.
Changes and/or amendments to the approved earth removal permit, including but not limited to the conditions in the permit, limits of work, the reclamation plan, the time limits for completion, etc., shall require an amendment to the permit and shall follow the requirements of Subsection C above.
F.
Expiration of the earth removal permit shall not influence the reclamation
plan which shall not expire.
[Amended 11-9-1982]
A.
This chapter shall not be deemed to prohibit the removal of such
sod, loam, soil, clay, sand, gravel, or stone as is required to be
excavated for the purpose of constructing foundations for buildings
or other allowable structures, for which building permits have been
issued, or for the purpose of constructing ways in accordance with
lines and grades approved by the City Engineer and the Planning Board,
or for the purpose of constructing utilities or other engineering
works for public service, or for the construction of septic plans
approved by the Board of Health, nor shall this chapter be deemed
to prohibit the transferal of sod, loam, soil, clay, sand, gravel,
or stone from one part of a lot, tract, or parcel of land to another
part of the same lot, tract, or parcel of land in the same ownership.
B.
The removal and/or relocation of earth materials within 200 feet
of any significant open body of water or wetlands, as defined by MGL
c. 131, § 40, is prohibited. Earth removal permits presently
in existence and subject to future renewal applications after the
adoption of these amendments shall not be subject to this subsection.
