[HISTORY: Adopted by the Town Meeting of the Town of Norwell. Formerly designated as Art. XVI. Amendments noted where applicable.]
The removal of soil, loam, sand or gravel from land located within the residential and conservation districts, as defined in the Norwell Zoning Bylaw, as from time to time amended, except as otherwise provided by law and except for Town use with the approval of the Board of Selectmen, is expressly prohibited.
If the removal of soil, loam, sand or gravel from land located within the residential and conservation districts, as defined in the Norwell Zoning Bylaw, as from time to time amended, is authorized or provided by law, such removal shall be subject to the standards, procedures and requirements set forth in § 62-3 hereof.
The removal of soil, loam, sand or gravel from land located within the business districts, as defined in the Norwell Zoning Bylaw, as from time to time amended, may be allowed by the issuance of a permit by the Board of Selectmen, subject, however, to the standards, procedures and requirements set forth in § 62-3 hereof.
No soil, loam, sand or gravel shall be removed from any land within the Town of Norwell without a removal permit issued by the Board of Selectmen. Written application for a permit must be made to the Selectmen upon a form approved by them and the payment of a reasonable filing fee established by them. An original and three copies of a topographical survey plan, with a scale of not less than 80 feet to one inch, by a registered land surveyor, must be submitted with each application. The plan must contain the following:
Original plot plan with property boundaries and topographical contours at five-foot intervals.
Contours of all areas restored from previous removals.
Contours of all existing unrestored areas at time of application for removal permit.
Contour of application removal area in one-foot interval.
Water table in application for removal area.
The Board of Selectmen 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 thereby, as they appear on the most recent local tax list, and to the Board of Health, the Water Commissioners, 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.
The Board of Selectmen may issue a permit for the removal of soil, loam, sand or gravel in those areas of the Town hereinbefore authorized, provided:
That such removal will not adversely affect the water table of the natural or engineered drainage in the Town;
That such removal will not create a waste area within the Town;
That such removal will not create unreasonable noise, dust, fumes or other effects which are detrimental to the public health or public welfare; and
That such removal will not create an area which is different in topography from surrounding properties.
The Board of Selectmen shall adopt rules and regulations not inconsistent with the provisions of the bylaw for conducting its business and otherwise carrying out the purposes of this bylaw.
The Board of Selectmen shall require a suitable restoration and performance bond from the applicant before any permit is issued hereunder.
The requirements of this bylaw shall not apply to the following:
The excavation and removal of soil, loam, sand or gravel when required for the purpose of constructing foundations for buildings or other structures allowable under the Zoning Bylaw, including service drives or roadways, as from time to time amended, for which building permits have been properly issued.
The excavation and removal of soil, loam, sand or gravel when required in order to construct a road over the location from which such removal is made, in an approved subdivision in accordance with location lines and grades approved by the Planning Board.
The penalty for the violation of this bylaw, or the removal of any soil, loam, sand or gravel within the Town of Norwell without a permit hereunder, except as hereinbefore provided, shall be as follows:
The invalidity of any section or part of this bylaw shall not affect the validity of any section or part hereof otherwise valid.