[Added April 1974 ATM by Art. 32, approved 5-24-1974]
The intent of this article is to prevent cumulative damage to
landscape and topography and to preserve statistical data which may
be useful to the various Town agencies in the performance of their
official duties and also to establish procedural steps and guidelines
for the filling of land.
No lot or parcel of land shall be filled with any fill material
unless a permit is issued by the office of the Inspector of Buildings,
except that no permit shall be required:
A.
For filling lots or parcels of land, provided that the total volume
of fill does not exceed 50 cubic yards, or for minor filling done
in connection with or incidental to the construction of walks, driveways,
walls and landscaping.
B.
Where the filling is necessary or incidental to or in connection
with the construction of roads, structures or other improvements or
facilities being built in accordance with a lawful permit or in accordance
with an approved definitive subdivision plan, provided that there
is reasonable assurance that the fill portion will be satisfactorily
completed.
Each application for a permit required under this article shall
be made to the office of the Inspector of Buildings on forms supplied
by said office and shall be accompanied by a plan and five copies
thereof prepared at the expense of the applicant by a registered land
surveyor or a registered professional. One copy of said plan shall
be sent to the Board of Public Works, the Conservation Commission,
the Board of Health and the Planning Board, for their permanent records,
and each of said boards may, within 20 days of said filing, forward
to the office of the Inspector of Buildings, for his consideration,
their observations, comments and recommendations. Said plan shall
show:
A.
Specifically the boundaries and dimensions of the lot or parcel to
be filled.
B.
The location and dimensions of the area to be filled.
C.
Topography by two-foot contours of the area to be filled to a distance
not less than 100 feet beyond the perimeter of the area to be filled
and along all property lines.
D.
Name and boundaries of all abutters.
E.
At least three permanent bench marks with elevations marked thereon,
on Town of Weymouth datum.
F.
Two-foot contours as proposed at completion of fill.
G.
Topographical detail showing the physical character of the area to
be filled and at least 100 feet beyond the perimeter thereof, including
natural drainage and direction of water flow and all significant and
outstanding features such as rock formations, ledge, peat, marsh,
etc.
Permits will be granted subject to the following conditions,
which will be imposed to safeguard the neighborhood and the Town during
the fill operation:
A.
Method of fill.
B.
Filling shall be limited to the hours between 7:00 a.m. and 6:00
p.m.
C.
Provisions for dust control, which may include paving when conditions
reasonably indicate.
D.
Planting of the area with ground cover suitable or indigenous to
the area, including shrubs and trees.
E.
Fill material shall be some form of earth or earth products. All
other material shall be placed in accordance with proper sanitary
landfill procedures; provided, however, that no garbage, refuse, industrial
waste, toxic materials, flammable liquids or gases, highly explosive
materials and junk shall be used.
F.
If the topographical features and/or geological conditions reasonably
indicate, borings and test pits may be required.
G.
Cleaning, repair and/or resurfacing of streets which have been adversely
affected by filling activity.
Filling shall be done in such a way that the resulting contours
follow smooth, natural curves that conform as nearly as possible to
the curves of the surrounding landscape. Upon completion, all slopes
shall be appropriately stabilized to prevent erosion and excessive
water runoff on abutting lots or abrupt changes in topography near
lot lines and to prevent excessive water accumulation.
Completion of all work under a permit shall be completed within
six months of the issuance thereof; provided, however, that for good
cause the time may be extended, but not for more than three successive
six-month periods.
Nothing in this article shall be construed as permitting the
nonconformance with or in violation of any rule or regulation or code
of any other Town board or department. All permits issued under this
article are issued conditionally for those portions of the premises
to be filled which by law come within the provisions of the Wetlands
Act, so-called. For those lots or parcels for which filling may come
within the provisions of said Wetlands Act, permits under this article
shall be issued conditioned on compliance therewith. It is recommended
that the Board of Zoning Appeals, Planning Board and Conservation
Commission, in granting of relief or permits, provide as a condition
thereto compliance with the applicable provisions of this article.
No work shall commence on a permit under this article until
a notice of the issuance of the same has been recorded at the Norfolk
Registry of Deeds or Registry District of the Land Court and evidence
of said recording is filed with the Inspector of Buildings. Said notice
shall be on a form supplied by the Inspector of Buildings and executed
and acknowledged by the owners of record of the land included in said
permit. The notice shall contain the names of the record owners, description
of said land, appropriate references to title and such other information
which may be necessary for recording.
The fee for a permit under this article shall be $25.
