[HISTORY: Adopted by the Town Meeting of the Town of Norwell.
Formerly designated as Art. XVI. Amendments noted where applicable.]
A.
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 Select Board, is
expressly prohibited.
[Amended 5-8-2021 ATM by Art. 11]
B.
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.
[Amended 5-8-2021 ATM by Art. 11]
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 Select Board, subject, however, to the standards, procedures and requirements set forth in § 62-3 hereof.
[Amended 5-8-2021 ATM by Art. 11]
A.
No soil, loam, sand or gravel shall be removed from any land within
the Town of Norwell without a removal permit issued by the Select
Board. Written application for a permit must be made to the Select
Board 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:
(1)
Original plot plan with property boundaries and topographical contours
at five-foot intervals.
(2)
Contours of all areas restored from previous removals.
(3)
Contours of all existing unrestored areas at time of application
for removal permit.
(5)
Contour of application removal area in one-foot interval.
(6)
Water table in application for removal area.
B.
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 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.
C.
The Select Board may issue a permit for the removal of soil, loam,
sand or gravel in those areas of the Town hereinbefore authorized,
provided:
(1)
That such removal will not adversely affect the water table of the
natural or engineered drainage in the Town;
(2)
That such removal will not create a waste area within the Town;
(3)
That such removal will not create unreasonable noise, dust, fumes
or other effects which are detrimental to the public health or public
welfare; and
(4)
That such removal will not create an area which is different in topography
from surrounding properties.
D.
The Select Board 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.
E.
The Select Board 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:
A.
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.
B.
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.
