[Approved 7-26-1990; amended 9-9-2015]
A.
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.
B.
BOARD
EARTH OR FILL
RELOCATE; RELOCATED; RELOCATION
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Board of Health in Sharon.
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.
The movement or transportation of earth from outside the
Town of Sharon to within the Town of Sharon.
A.
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.
B.
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:
(1)
Name and address of the legal owner of the land in question.
(2)
Name and address of petitioner, if different.
(3)
Names and addresses of all owners of property within 100 feet
of the land.
(4)
Description of:
(a)
Sources of earth;
(b)
Locations of sources;
(c)
Exact content of earth;
(d)
Statement as to whether any hazardous or toxic materials are
included and, if so, the types and amounts.
The information contained in such description referenced in
this paragraph shall, if required by the Board, be certified by a
qualified professional engineer and be sworn to under the pain and
penalties of perjury by the applicant and landowner.
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(5)
A plan of the site indicating the location at which earth will
be deposited or relocated.
(6)
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:
(a)
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.
(b)
The Board shall inspect the site covered by the application.
(c)
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.
(7)
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.
(8)
A fee of $50 shall be charged for making an application.
(9)
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.
A.
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.
B.
No permit for earth relocation shall be issued if each relocation
will:
C.
Term of permit.
(1)
A permit for any earth relocation shall not be issued for more
than one year's duration.
(2)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
No permit
shall be required for the following:
(1)
Relocation of earth to an operating farm, nursery, or cemetery
to the extent that such removal is necessary to the operation of same.
(2)
The moving and relocation of earth for any municipal purpose
by, or on behalf of, any department of the Town of Sharon.
(3)
Relocation of earth from a site by governmental authority to
the extent as may be necessary to complete the project as planned.
(4)
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.
B.
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.