[HISTORY: Adopted by the Town Meeting of the Town of Sharon
as Art. 12A of the Town Bylaws. Amendments noted where applicable.]
In order to protect the welfare of the inhabitants of the Town,
the following Earth Removal Bylaw is adopted pursuant to the provisions
of MGL c. 40, § 21, Paragraph 17.
The following provision shall be applicable in the Single Residence,
Suburban, Rural, Housing Authority and General Residence Zoning Districts:
The stripping or removal from any land of soil, loam, gravel, sand
or any other earth material is permitted within these zoning districts,
provided that such stripping or removal is actually necessary for
the construction of a building, structure, well, tank, pool, driveway,
parking area, path, other building appurtenance, sidewalk or road,
in which case the amount of earth materials to be stripped and removed
shall be limited to the volume of the foundation and basement of the
building, structure, well, tank, pool or other building appurtenance
or to the volume of the bed of the driveway, parking area, path, sidewalk
or road and such other amount as shall be required for grading and
sloping in connection with any of the foregoing; or is actually necessary
as part of a bona fide farm, garden, nursery, lawn making, planting,
recreational or cemetery activity or takes place on land in public
use; and provided further that except (1) when taking place on land
in public use, or (2) where the earth material to be stripped or removed
from any parcel of land in any calendar year shall not exceed in the
aggregate 25 cubic yards, a special use permit authorizing each such
stripping or removal shall have been obtained in advance from the
Select Board members, who may impose such conditions as shall safeguard
the Town and the neighborhood. Each such special use permit shall
require the preservation of the natural contour of the land wherever
feasible, and no such special use permit shall authorize the removal
of loam beyond the geographical limits of the Town. It is intended
by this clause that the stripping or removal of any earth material
from any parcel of land, for which a preliminary or definitive subdivision
plan had been prepared, shall be allowed only in the same manner as
the stripping or removal from any other land in the Town. Consequently,
tentative or final approval of a subdivision plan by the Planning
Board shall not be construed as authorizing the stripping or removal
of any material, even though in connection with the construction of
streets shown on the plan. For the purpose of this clause, the term
"parcel of land" shall be construed to mean all adjoining lots or
tracts in common ownership.
The following provision shall be applicable in the Industrial
Zoning District: The moving of sod, loam, gravel and other earth materials
from place to place within the Light Industrial Zoning Districts and
the removal of soil materials other than sod and loam from the Light
Industrial Districts are permitted within industrial districts, provided
such moving or removal is authorized by a special use permit from
the Select Board. Such permit shall be made subject to appropriate
conditions, limitations and safeguards designed to protect area property
owners from noise, dust or prolonged scars on the landscape, to safeguard
lives and property, and to prevent unnecessary destruction of natural
vegetation and original contours, and to protect the Town against
costs or expenses occasioned upon the Town by such removal. Excavation
and grading authorized by this section shall not exceed in depth and
slope the contours as approved by the Select Board.
A.
All applications
for such special use 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)
Plans of the land prepared by a registered engineer or land surveyor
and indicating: tract boundaries, adjacent streets and roads, the
limits of the proposed excavation, the location of all structures
within 200 feet of said limits, original topography by five-foot contours,
proposed final contours at five-foot intervals, and the location and
proposed use of all structures and buildings to be used in connection
with the removal operation. All such plans shall indicate a division
of the land into acres.
(5)
A plan of the site indicating the depth of loam before excavation
of intervals of 100 feet by means of a surveyed grid.
(6)
Statement of plans for the disposal of rock, tree stumps, and other
waste materials, and for the drainage of the site and excavation during
and after the removal operation.
(7)
A plan
and specification, prepared by a registered engineer or land surveyor,
for the final grading and restoration of the site.
B.
Upon receipt of an application for a permit for earth removal:
(1)
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.
(2)
The Board shall inspect the site covered by the application.
(3)
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.
C.
A fee as determined by the Board shall be charged for making an application
and shall reflect the cost of the Town to review such application.
D.
A reasonable fee shall be charged for each permit issued, in accordance
with a schedule published by the Board, based on the volume of gravel
removal authorized by the permit. In addition, the Board has the authority
to retain a qualified professional engineer or other qualified experts
for the purpose of insuring that the provisions of this bylaw and
the permit are complied with. Such engineers or experts may be retained
at any time either before or during the term of the permit. As a condition
of the issuance of an earth removal permit, the petitioner shall agree
to reimburse the Town of Sharon for all such engineering and other
fees and expenses or damages caused to the Town, including, without
limitation, damages caused to public ways associated with the permit.
Any person, firm, or corporation willfully violating, disobeying,
or refusing to comply with any of the provisions of this bylaw 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 bylaw if such person, etc. violates, disobeys,
or fails to comply with any of the provisions of this bylaw.
