[HISTORY: Adopted by the Special Town Meeting of the Town of Marshfield 6-21-1972 by Art. 13 (Art. 20 of the General Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 86.
Farming — See Ch. 89.
[Amended 4-28-2008 STM by Art. 9]
The removal of topsoil and loam from any land in the Town to any location outside the Town is prohibited under all circumstances. Topsoil and loam shall mean those earthen materials lying at the surface which are suitable for the support of plant life.
[Amended April 2011 ATM]
The removal of soil, loam, sand, gravel or other earth material from land in any district which falls within the superimposed Inland Wetlands or Coastal Wetlands Districts is prohibited, except where such removal is in connection with dredging being carried out by a governmental agency. The Board of Selectman will not issue any earth removal permits for projects submitted after June 30, 2011, for properties located in districts that are zoned as residential (currently designated as RB, R-1, R-2 and R-3) although existing permits may be renewed.
A. 
The removal of earth material in any of the following operations shall be exempt from this bylaw:
(1) 
The removal of less than 100 cubic yards of material in the aggregate from any one lot.
[Amended 4-28-2008 STM by Art. 9]
(2) 
The transfer of material from one part of a lot to another part of the same lot.
(3) 
The removal of material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or appurtenance, provided the quantity of material removed does not exceed that actually displaced by the portion of such building, structure, street, driveway, sidewalk, path or other appurtenances below finished grade.
B. 
The Select Board may, in its reasonable discretion, issue an earth removal permit without requiring full compliance with the requirements of this bylaw when it determines that such proposed earth removal is the minimum quantity of material necessary to be removed in order to construct a building, structure, street, driveway, sidewalk, path or appurtenance in accordance with the approvals therefor issued by the appropriate Town officials, boards or agencies; provided, however, that this exception shall not apply where the Select Board determines, after hearing, that the proposed construction is a pretext for earth removal and sale, or that the proposed earth removal shall cause damage to the public health, safety or the environment. Whenever a Town official, board or agency issues a permit or approval for a project involving the removal of in excess of 100 cubic yards of earthen material, the official, board or agency shall notify the Select Board of such permit or approval and shall consider making any necessary compliance with this bylaw a condition of such permit or approval.
[Amended 4-28-2008 STM by Art. 9; 10-18-2021 STM by Art. 32]
For the removal of soil, loam, sand, gravel, quarry or other earth materials other than that specifically exempt above, and for the processing and treating of earth materials, the following conditions shall govern:
A. 
Removal operations shall not be conducted closer than 200 feet to a public street.
B. 
All equipment for sorting, washing, crushing, grading, drying, processing and treating, or other operation machinery, shall not be used closer than 100 feet to any public street or to any adjoining lot line.
[Amended 4-24-2017 ATM by Art. 10]
C. 
Off-street parking as required in the Table of Off-Street Parking Regulations shall be provided.[1]
[1]
Editor's Note: See the Zoning Bylaw, § 305-8.01, Minimum off-street parking requirements.
D. 
Any access to excavated areas or areas in the process of excavation will adequately be posted with "Keep Out – Danger" signs.
E. 
Any work face or bank that slopes more than 30° downward adjacent to a public street will be adequately fenced at the top.
F. 
Adequate provision is to be made for drainage during and after the completion of operations.
G. 
Lateral support shall be maintained for all adjacent properties.
H. 
The use of explosives shall be done in accordance with the regulations for storage or handling of explosives as published by the Commonwealth of Massachusetts.
I. 
All operations shall be conducted in such a manner so as to comply with the laws of the Commonwealth of Massachusetts regulating water pollution and air pollution.
J. 
No permit shall be issued or renewed under this bylaw until the applicant has submitted to the Board current and complete information on the actual and proposed depth of excavation and the maximum groundwater elevation throughout the entire area proposed to be excavated. Maximum groundwater elevation shall be determined by means of monitoring wells, test pits and soil borings during the month of March, April or May. Such tests shall be conducted by a Massachusetts registered professional engineer at the expense of the applicant and shall be observed by a representative of the Board. Tests results shall be submitted to the Board over the engineer's stamp.
[Amended 10-19-1987 STM by Art. 13]
(1) 
The groundwater monitoring wells shall be left in place during the period that the applicant holds a permit hereunder, and readings therefrom shall be taken during March, April, or May of each year. The results of such readings shall be submitted to the Board over the engineer's stamp.
(2) 
Excavation shall be restricted to those areas which are at elevations 10 feet or more above the maximum groundwater elevation as determined by the testing conducted under the provisions of this subsection.
K. 
Before granting approval, the Select Board shall find that the proposed operation will not be injurious or dangerous to the public health; will not produce noise, dust or other effects observable from adjacent property in amounts seriously objectionable or detrimental to the normal use of the property; and will not have a material adverse effect on the water supply, health or safety of persons living in the neighborhood or on the use of or amenities of adjacent land.
[Amended 10-18-2021 STM by Art. 32]
L. 
No permit shall be issued for a period of more than one year, although such a permit may be renewed for additional periods in the same manner.
M. 
In granting a permit hereunder, the Board shall impose reasonable conditions specially designed to safeguard the neighborhood and the Town, which may include conditions as to the overall operations set forth above and as relating to the site plan and land reuse plan requirements set forth in §§ 70-5 and 70-6 below.
[Amended 4-24-2017 ATM by Art. 10]
N. 
The Select Board shall require the person holding a permit hereunder to provide it with documentary evidence of the quantities of material excavated, the date of removal of such material, and the owner of the vehicle used to transport the material.
[Amended 10-19-1987 STM by Art. 13; 10-18-2021 STM by Art. 32]
O. 
All auto and truck accessways to all active and inactive mining operations for sand and gravel must have controlled access by lockable gates.
[Amended 1988 ATM by Art. 23]
P. 
Night operations shall not be permitted.
[Amended 10-18-2021 STM by Art. 32]
Site plans shall be filed in triplicate with the Select Board for any land which is used or intended to be used for the extraction of sand, gravel, rock, and associated earth materials. Site plans of the removal areas shall be prepared by a registered professional engineer or a registered land surveyor at a scale of 40 feet to the inch and shall be in accordance with and indicate the following:
A. 
Lot lines and ownership.
B. 
Existing topography and proposed elevations at two-foot contour intervals.
C. 
Names of abutters as found on the most recent tax list.
D. 
Adjacent public streets and private ways.
E. 
Proper provisions for safe and adequate water supply and sanitary sewerage and for temporary and permanent drainage of the site.
F. 
A locations plan at a scale of one inch equals 1,000 feet.
G. 
Plan for regrading of all or parts of the slopes resulting from such excavation or fill.
H. 
Plan for replacement of at least four inches of topsoil over all excavated, filled, or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.
I. 
Proposed lateral support to all adjacent property.
J. 
Proper provision for vehicular traffic, service roads, and control of entrances and exits to highways.
[Amended 4-24-2017 ATM by Art. 10]
K. 
The relation of future buildings, temporary buildings, and operations machinery to the removal areas.
L. 
Delineation of removal areas and depths.
M. 
Provision for a substantial fence enclosing the excavation or quarry where any excavation or quarry will extend under original ground level or will have a depth of 10 feet or more and create a slope of more than one foot in two feet. Such fence shall be located 10 feet or more from the edge of the excavation or quarry and shall be at least six feet in height.
N. 
Method of removal.
O. 
Distance of excavation to street and lot lines.
P. 
Disposition of boulders and tree stumps.
Q. 
Cleaning, repair and/or resurfacing of streets used in the removal activities which have been adversely affected by the removal activity.
[Amended 10-18-2021 STM by Art. 32]
Land restoration plan(s) must be submitted to and approved by the Select Board subject to the regulations set forth in the following subsections:
A. 
The Select Board may require up to three approved alternative future land restoration plans to be submitted for such land as is used for the extraction of sand, gravel, rock, and associated earth materials. It is recognized that land restoration of the removal areas is in the public interest.
B. 
Said land restoration plan and its implementation applies to the conversion of the abandoned site and its planned restoration. It is, therefore, required that any land restoration plan correspond to a situation which could reasonably occur in the immediate future (zero to five years), and be revised as necessary as the existing physical character of the removal area changes.
C. 
The land restoration plan or any part thereof which reasonably applies to an area which has been abandoned from removal use shall be put into effect within one year of the abandonment of said operation.
[Amended 10-18-2021 STM by Art. 32]
The Select Board shall require a bond or other security to insure compliance with its conditions of authorization, unless in a particular case it specifically finds that such security is not warranted and so states its decision giving the reasons for its findings.
[Amended 10-19-1987 STM by Art. 13; 4-28-2008 STM by Art. 9]
A. 
The penalty for the violation of this bylaw, or the removal of any soil, loam, sand or gravel within the Town of Marshfield without a permit hereunder, except as hereinbefore provided, shall be as follows:
[Amended 4-24-2017 ATM by Art. 10]
(1) 
For the first offense: $50.
(2) 
For the second offense: $100.
(3) 
For each subsequent offense: $200.
B. 
In addition to the penalties provided for in Subsection A above, the violation of any provision of this bylaw or any condition of a permit issued hereunder may, at the discretion of the Board, be punishable by the immediate revocation of the permit. No permit shall be revoked until the holder thereof has been given notice and an opportunity to be heard by the Board.
C. 
Each unit of removal, used to remove soil, loam, sand or gravel, such as a truckload of any size, from the original site constitutes a separate offense under this bylaw.
D. 
Such penalties shall be in addition to the existing rights of the Town to enforce its bylaws.
[Amended 4-24-2017 ATM by Art. 10; 10-18-2021 STM by Art. 32]
A. 
No such permit shall be issued except upon written application therefor to the Select Board with a copy thereof to the Planning Board.
B. 
Such application shall be accompanied by such filing and publication fee as the Select Board may reasonably determine.
C. 
Within 10 days after receipt of such application, the Select Board shall fix a reasonable time for a hearing upon such application and shall cause the notice of the time and place of such hearing thereof and of the subject matter, sufficient for identification, to be published in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing, and shall also send notice by mail, postage prepaid, to the petitioner and to the owners of all property deemed by the Board to be affected hereby, as they appear on the most recent local tax list, and to the Board of Health, the Board of Public Works and Planning Board of the Town. At the hearing, any party whether entitled to notice thereof or not may appear in person or by agent or by attorney.
D. 
The Planning Board may, in its discretion, investigate the case and report in writing its recommendations to the Select Board. The Select Board shall not take final action on such application until it has received a report thereon from the Planning Board, or until said Planning Board has allowed 30 days to elapse after receipt of such plan without submission of a report.
A. 
Any existing sand or gravel removal activity operating under a permit issued by the Select Board may continue until the expiration of the permit thereof, provided that no such permit shall issue:
[Amended 10-18-2021 STM by Art. 32]
(1) 
If such removal shall adversely affect the water table or the natural or engineered drainage in the Town; or
(2) 
If such removal shall create unreasonable noise, dust, fumes, or other effects which are detrimental to the public health or public welfare.
B. 
Discontinuance for more than 12 consecutive months shall be deemed to constitute abandonment.