[Approved 7-26-1990; amended 9-9-2015]
In order to help protect the water resources and water quality within the Town of Sharon, and to protect the welfare of the inhabitants of the Town, the following Earth Relocation Regulation is adopted pursuant to the provisions of MGL c. 40, § 21, Paragraph 17, and MGL c. 111, § 31.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- The Board of Health in Sharon.
- EARTH OR FILL
- Includes soil, loam, sand, gravel, clay, rock or other natural geologic material. Material that meets federal or state definitions for solid or hazardous waste material, or as toxic, infectious, corrosive or reactive material is specifically excluded. Materials such as garbage, waste, man-made materials or other types of fill are excluded from this regulation.
- RELOCATE; RELOCATED; RELOCATION
- The movement or transportation of earth from outside the Town of Sharon to within the Town of Sharon.
No earth in excess of 50 cubic yards per the smaller of one acre or one buildable lot shall be relocated from any parcel of land without the Town to a parcel within the Town, except upon issuance of a Town permit by the Board of Health; provided, however, that no earth which, in the reasonable opinion of the Town Engineer, acting as the agent of the Board of Health, may present a danger or hazard to water storage, water quality or the welfare of the inhabitants of the Town of Sharon shall be relocated from any parcel of land without the Town to a parcel within the Town, except upon issuance of a Town permit by the Board of Health.
All applications for such permits shall be accompanied by exhibits and documentation deemed necessary by the Board for the proper issuance of a permit, which may include the following:
Name and address of the legal owner of the land in question.
Name and address of petitioner, if different.
Names and addresses of all owners of property within 100 feet of the land.
A plan of the site indicating the location at which earth will be deposited or relocated.
A plan and specification, prepared by a registered engineer or land surveyor, for the final grading and any restoration of the site. Upon receipt of an application for a permit for earth relocation:
The Board shall appoint a time and place for a public hearing, notice of which shall be given to the applicant, and shall be published at least 14 days before such hearing in a newspaper having a circulation in the Town.
The Board shall inspect the site covered by the application.
The Conservation Commission shall be given a copy of the plans and application for review and comment at least 14 days before a public hearing.
The Board may require that the applicant and/or landowner provide a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Board to secure any removal, clean-up, or other remedial work and all damage to person or property caused by the relocation or deposit of earth in violation of any provision of this article.
A fee of $50 shall be charged for making an application.
The Board has the authority to retain a qualified professional engineer for the purpose of ensuring that the provisions of this regulation and the permit are complied with. Such engineers may be retained at any time either before or during the term of the permit. As a condition of the issuance of an earth relocation permit, the petitioner shall agree to reimburse the Town of Sharon for all such engineering fees and expenses associated with the permit.
No permit shall be issued for the relocation or deposit of earth which contains man-made substances, including, without limitation, building material, debris, junk, concrete and plastics.
No permit for earth relocation shall be issued if each relocation will:
Term of permit.
A permit for any earth relocation shall not be issued for more than one year's duration.
A permit may, following a site inspection and certification by the Board that all conditions of the Board of Health rules and regulations and permit have been completed, be reissued twice, subject to the rules and regulations in force at the time of renewal and subject to any conditions imposed by the Board, without a new application and public hearing.
In approving the issuance of a permit, the Board shall impose reasonable requirements, conditions, limitations, and safeguards to protect the health, welfare, convenience, and safety of the public, and to promote the best interest of the neighborhood and of the Town. These conditions, which shall constitute a part of the permit, may include, but are not limited to, types of earth relocated, sites of relocation, amount of earth relocated.
No permit shall be issued until the owner of the site has granted to the Town an easement over the land in question and conveys to the Town the legal right to enter upon said land with equipment and personnel for the purpose of making inspections and remedial removing of earth in the event of relocation in violation of the terms of the permit, all at applicant's expense.
No relocation operation shall be allowed within a one-mile radius of any elementary school during the first hour preceding the school's opening and also during the first hour following the school's closing.
Permits may be issued only if the Board of Health determines that, in its opinion, such issuance is in the best interest of both the Town as whole and the neighborhood surrounding the proposed operation. Any such permit may be limited to cases where the earth relocation shall be incidental to a primary purpose which can be the construction of a facility that is in conformance with all relevant zoning regulations or applicable permits or variances. The amount of earth relocation in any operation approved under the provisions of this paragraph may be limited to the minimum amount required to achieve that primary purpose.
The term "facility," as used in this regulation, shall be defined as those structures necessary to install the foundation and basement of as building and/or other structures, together with such driveways, parking areas and septic systems as may be authorized by said permit or required by the Board of Health.
No permit shall be required for the following:
Relocation of earth to an operating farm, nursery, or cemetery to the extent that such removal is necessary to the operation of same.
The moving and relocation of earth for any municipal purpose by, or on behalf of, any department of the Town of Sharon.
Relocation of earth from a site by governmental authority to the extent as may be necessary to complete the project as planned.
Relocation of earth necessary to construct roadways or related improvements as part of an approved subdivision, subject to such restrictions or regulations as may be lawfully required by the Planning Board.
The foregoing exceptions shall be applicable to the extent that the Town Engineer reasonably determines that such earth may present a danger or hazard to water storage, water quality or the welfare of the inhabitants of the Town.
The invalidity of any section or provision of this regulation shall not invalidate any other section or provision thereof.
Any person, firm, or corporation willfully violating, disobeying, or refusing to comply with any of the provisions of this regulation shall be subject to injunctive relief and/or shall be prosecuted under the terms of MGL c. 40, § 21, Paragraph 17, and shall be subject to a fine of $50 for the first offense, $100 for the second offense, and $200 for any subsequent offense. Each day of noncompliance shall constitute a separate offense. The Board may revoke or suspend the permit of any person, firm, or corporation holding a permit under this regulation if such person, etc., violates, disobeys, or fails to comply with any of the provisions of this regulation.