The removal of sod and loam from any land in the Town to any
location outside the Town is hereby prohibited under all circumstances.
The removal of soil, loam, sand, gravel, quarry stone or other
earth material from any parcel of land by any person, firm or corporation
shall be allowed only under permit from the Board of Zoning Appeals
and subject to restrictive covenants of the Board. However, the Inspector
of Buildings, without reference to the Board of Zoning Appeals, may
issue permits for the removal from the site of earth and may require
a suitable bond, if deemed necessary, for the following purposes:
wherein the amount of material to be removed is necessarily incidental
to or in connection with the construction, alteration, excavation
or grading for a building or road or other facility being built in
accordance with a permit issued or in accordance with an approved
plan, provided that there is reasonable assurance that the construction
will be completed.
Each application for a permit for earth-material removal shall
be accompanied by a plan, submitted in triplicate to the Inspector
of Buildings and a copy to the Planning Board at least 14 days prior
to the date of the public hearing, prepared at the expense of the
applicant by a registered land surveyor or registered professional
engineer, showing:
A.
Specifically the boundaries and dimensions of the premises.
B.
The location and dimensions of the area from which the proposed removal
of materials is to take place.
C.
Topography by five-foot contours at the area to be excavated and
up to at least 100 feet beyond the perimeter of the area included
and along all property lines.
D.
Names and boundaries of all abutters.
E.
At least three permanent benchmarks with elevations marked thereon,
on Town of Weymouth datum.
F.
Five-foot contours as proposed after completion of the operation.
G.
Topographical detail showing the physical character of the premises,
including natural drainage and direction of water flow.
H.
Other information necessary to indicate the complete physical characteristics
of the proposed operation which may be indicated by the rules of the
Board of Zoning Appeals.
In granting a permit, the Board of Zoning Appeals shall impose
reasonable conditions specifically designed to safeguard the neighborhood
and the Town, which may include but not be limited to conditions as
to:
A.
Method of removal.
B.
Type and location of temporary structures, fences and barriers.
C.
Hours of operation.
D.
Routes for transporting the material through the Town.
E.
Area and depth of excavation.
F.
Distance of excavation to street and property lines.
G.
Steepness of slopes excavated.
H.
Reestablishment of ground levels and grades.
I.
Provision of temporary and permanent drainage.
J.
Disposition of boulders and tree stumps.
K.
Provisions for dust control, which may include paving.
L.
Replacement of loam over the area of removal.
M.
Planting of the area to suitable cover, including shrubs and trees.
N.
Cleaning, repair and/or resurfacing of streets used in removal activities
which have been adversely affected by the removal activity.
The 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
in its decision, giving the reasons for its findings.
Any permit issued shall automatically expire upon the completion
of the earth-removal project for which it was issued or at such other
time as may be specified in said permit. A permit may be granted by
the Board of Zoning Appeals with the provision that it may be renewed
for one year, without a hearing, if the Inspector of Buildings finds
that all conditions then applicable have been complied with and that
the work has been carried on continuously and in good faith.
Earth-removal activities in lawful operation on any parcel of
land at the time this article is adopted may continue, unless and
until abandoned for more than 12 consecutive months, with the following
conditions:
A.
Removal operations shall not be extended beyond the property lines
of the particular parcel upon which such operations are in progress
at the time of the adoption of this article.
B.
At no time of year shall the premises be maintained at levels such
that ground- or surface water will accumulate. Such areas shall be
either filled or drained.
C.
The depth of excavation shall not be extended below the grade of
the lowest point excavated on the effective date of this article.
D.
The total area of excavation shall not be increased by more than
50% over its area on said date.
E.
Removal operations shall be limited to the hours of 7:00 a.m. to
5:00 p.m.
A.
The Inspector of Buildings shall review the progress of the work
from time to time to assure proper conduct.
B.
The Inspector of Buildings, if he concludes that there has been a
violation of this article, shall send to the offender and to the owner
of record of the premises, or deliver, such notice of violation and,
if applicable, a notice ordering the cessation of the improper activities.
If the offender holds a permit issued under this article, such permit
may be revoked.
C.
If the permit holder or other offender persists in such violation,
the Inspector of Buildings shall seek the imposition of the penalties
authorized by MGL c. 40, § 21, Paragraph 18, through appropriate
legal action, and the penalty for removing earth in violation of this
article shall be a fine of not more than $50 for the first offense
after such warning and not more than $50 for any subsequent offense.
Each day that willful violation continues shall constitute a separate
offense.
