A. 
Excavation, removal, stripping, or mining of any earth material on any parcel of land, public or private, in North Andover is prohibited, except as allowed by § 195-5.4, Permits for earth removal; § 195-5.5, Earth removal incidental to development, construction or improvements; and § 195-5.6, Miscellaneous removal of earth, unless exempt under § 195-5.1H.
[Amended 5-14-2019 ATM by Art. 28]
B. 
Exclusive jurisdiction to issue earth removal permits shall be with the Board, except for permits allowed in §§ 195-5.5 and 195-5.6.
C. 
The Board or Building Inspector shall have the authority to issue an operating hours extension permit, as defined in § 195-5.7.
D. 
The Building Inspector shall have the authority to enforce all conditions of any permit issued under this Article 5 of the Zoning Bylaw.
E. 
All earth removal operations in existence in North Andover on the effective date of this Article 5 shall be subject to the requirements stated herein. However, all earth removal permits issued prior to the effective date of this Article 5 shall remain in effect until their expiration date and/or annual review. At such time, said operation shall be subject to the provisions of this Article 5, unless otherwise allowed by the Board, for a period not to exceed six months.
F. 
An annual fee of $100 shall be required for earth removal permits. Miscellaneous earth removal permits shall require an annual fee of $25.
G. 
Violation of this Article 5 of the Zoning Bylaw, notwithstanding the provisions of § 195-10.4, imposes a penalty of $50 for the first offense, $100 for the second and each subsequent offense. Each day of operation in violation of this Article 5 will be considered a separate offense.
H. 
Exempt activities. The following activities are exempt from the requirements of this Article 5:
]Amended 5-14-2019 ATM by Art. 28]
(1) 
Any sanitary landfill operated by the Town of North Andover.
(2) 
Normal maintenance and improvement of Town-owned public or maintained ways and appurtenances to the public or maintained ways.
(3) 
Normal maintenance and improvement of land in agricultural use.
(4) 
Repair of septic systems when required by the Board of Health for the protection of public health.
(5) 
Normal maintenance of currently existing landscaping, gardens or lawn areas associated with a single-family or two-family dwelling.
(6) 
Activities for which the North Andover Conservation Commission and/or Massachusetts Department of Environmental Protection has issued an order of conditions under the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and regulations promulgated thereunder and/or the Town of North Andover Wetland Protection Bylaw[1] and regulations.
[1]
Editor's Note: See Ch. 190, Wetlands Protection.
(7) 
Activities for which the North Andover Planning Board has issued an approval pursuant to a special permit (including site plan review), land disturbance permit, and/or definitive subdivision approval pursuant to the North Andover Planning Board Rules and Regulations Governing the Subdivision of Land.[2]
[2]
Editor's Note: See Ch. 255, Subdivision of Land.
(8) 
Activities for which the North Andover Zoning Board of Appeals (ZBA) has issued a comprehensive permit pursuant to MGL c. 40B.
(9) 
Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this amendment to Article 5.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
The owner, or prospective owner by reason of a purchase and sales agreement, of the land shown by the plan submitted with the earth removal permit application.
BOARD
The Zoning Board of Appeals.
EARTH MATERIALS
Includes soil, loam, sand, gravel, clay, peat, rock, or other allied products.
EARTH REMOVAL OPERATIONS
The excavation, removal, stripping, or mining of any earth material on any site within the Town of North Andover.
OPERATING HOURS EXTENSION PERMIT
A permit issued by the Board or the Building Inspector for an extension of the time of operation for trucking from the site until 9:00 p.m.
PERMIT
Includes a special permit for earth removal as issued by the special permit granting authority.
All applicants for earth removal permits must submit seven copies of the following information concerning the proposed site of the removal operation to the Board 30 days prior to submission of an application for an earth removal permit. The Board shall distribute the information to the Planning Board, Building Inspector, Conservation Commission, Board of Health, Highway Department, and Police Department, so that recommendations from these departments may be submitted for the required public hearing:
A. 
A plan or plans to scale (one inch equals 40 feet), prepared and stamped by a registered engineer, showing the property line of the parcel of land under consideration, along with all abutters to the property, existing and final contours in five-foot elevation increments, existing and proposed final drainage of the site, including all culverts, streams, ponds, swamps, and siltation basins, means of entrance and egress from the property, locus map, and any other pertinent data deemed necessary by the Board.
B. 
A plan, study, or report showing the proposed ultimate use of the land conforming with the existing Zoning Bylaw. Proper planning for future land use shall be a prime consideration affecting the issuance of an earth removal permit.
C. 
A complete list of the names and addresses of current abutters of the property where such removal is proposed.
D. 
An operating schedule showing the active area (not to exceed five acres) where the earth removal will begin and also how the total parcel will be developed in progressive five-acre increments.
A. 
The Board may issue earth removal permits for any zoning district, complete with conditions imposed, for areas not to exceed 40 acres. All permits shall conform to the minimum restoration and operating standards contained herein and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five acres at any one time. Upon completion of the earth removal operation on a five-acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards of the permit conditions, an application may then be made to the Board for a permit renewal. Such permit renewal shall allow the removal of earth on another five-acre section, as shown by the operating schedule submitted with the permit application. This procedure shall be followed until the operation is completed.
B. 
The permit shall be considered a nontransferable, revocable permit to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the permit are being violated, or that the governing regulations are not being followed, the permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the permit holder to comply within the time specified by the Board for correction of violations shall cause the permit to be revoked, forfeiture of the security to the Town, and the imposition of all fines as set forth in § 195-5.1G.
C. 
The Board shall discuss and review the permit periodically, and, at a minimum, annually. Written progress reports showing conformance with regulations and permit conditions shall be submitted to the Board by the Building Inspector or his designated agent every three months.
D. 
An earth removal permit shall not be in effect until the applicant has filed the proper security as required in § 195-5.9, paid the required fees as required by § 195-5.1F, and recorded the special permit at the Registry of Deeds.
E. 
Mechanical crushing and screening may be permitted by the Board after a public hearing with due notice given.
A. 
This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel, or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the Planning Board, or for the purpose of constructing underground utilities.
B. 
Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the building, driveways, parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal systems. Where special circumstances exist requiring general regrading, removal of peat, etc., the builder may file a plan and request for an additional soil removal permit with the Building Inspector as provided in § 195-5.6 below.
C. 
Where excavation, removal, stripping, or mining of earth on any parcel of land, public or private, is made necessary by order of any other board or agency of the Town, such excavation, removal, stripping, or mining, if in excess of 1,000 cubic yards, shall be governed by the provisions of § 195-5.6 of this bylaw.
D. 
Excavation, removal, stripping, or mining of earth incidental to improvements shall be governed by the provisions of § 195-5.6 of this bylaw.
E. 
All earth removal, excavation, stripping or mining as allowed under this section shall be governed by the provisions of § 195-5.6 of this bylaw.
A. 
Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under § 195-5.5 is permitted, provided the excavation, removal, stripping, or mining is necessary for the improvements or development of the property on which the excavation or removal takes place.
B. 
Excavation, removal, stripping, or mining of aggregate quantities of less than 50 cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is in quantities in excess of 50 cubic yards but less than 1,000 cubic yards, application must be made to the Building Inspector for a miscellaneous soil removal permit. Where special circumstances exist which require the excavation, removal, stripping, or mining of soil in excess of 1,000 cubic yards, but less than 5,000 cubic yards, a permit may be granted by the Board for such removal without a public hearing. However, where the excavation, removal, stripping, or mining exceeds 5,000 cubic yards, then a public hearing will be necessary and the permit granted shall indicate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The permit shall also specify that, upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six inches and that the removal is to be controlled by the appropriate section of § 195-5.7, Operating standards. It is further provided that, except where removal under this section is done in connection with the formation or enlargement of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of said pond in any event shall not be such as to change the direction or flow of a watercourse or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be backfilled for safety reasons. Failure to meet the requirements of this section shall be deemed a violation of this Zoning Bylaw.
A. 
Time of operation.
(1) 
Excavation and site maintenance may be carried on from 6:30 a.m. until 7:30 p.m., Monday through Saturday.
(2) 
Trucking from the site may be carried on from 7:00 a.m. through 6:00 p.m., Monday through Saturday.
(3) 
An operating hours extension permit for trucking until 9:00 p.m. for no more than three consecutive days may be granted by the Building Inspector after reviewing conditions of the application. Said application shall show reason for extension of time, distance of hauling, and approximate cubic yards to be hauled.
B. 
Site preparation.
(1) 
Only the active area described in the permit application may be made ready for earth removal.
(2) 
No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site.
(3) 
Stumps shall be buried in predesignated areas as shown on application plans.
(4) 
Any change in stump burial must be submitted to the Board of approval.
C. 
Topsoil storage.
(1) 
All topsoil removed from the active removal area shall be piled for future site restoration.
(2) 
No topsoil shall be removed from the site until all areas have been restored and permission has been granted by the Board.
D. 
Erosion control.
(1) 
Prior to any excavation or earth removal, adequate siltation basins shall be constructed to prevent the run-off of silted water from the site.
(2) 
All excavation shall be done so as to create contours to channel run-off waters into the siltation basins.
(3) 
No siltation basin shall exceed seven feet in depth.
(4) 
Siltation basins must be cleaned when sediment deposits are within 18 inches of the outfall invert.
E. 
Dust control.
(1) 
No earth removal operation shall create excessive amounts of dust or allow roads leading into or from a site to become excessively dust producing.
(2) 
Proper dust control methods shall be approved by the Building Inspector.
F. 
Excavation near brooks.
(1) 
No excavation shall be made which will alter the natural way or existing elevation of a brook, stream, or river.
(2) 
All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding.
(3) 
Said bank height shall be computed, for a fifty-year storm for all brooks, streams, and rivers up to eight feet in width and two feet in depth; and for a one-hundred-year storm for all brooks, streams, and rivers which exceed this size.
G. 
Site screening.
(1) 
An immediate program of site screening shall start when site preparation begins.
(2) 
All entrances shall be screened with existing vegetation, evergreens, or other suitable natural methods, so as to prevent a direct view into the earth removal area.
(3) 
All areas within 50 feet of a traveled way or abutting property lines shall be reforested immediately upon completion of the earth removal operation of that area. Said reforestation shall be done in accordance with the North Andover Tree Department. A minimum of 150 trees per acre shall be used for this reforestation. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner. Trees shall be planted 25 feet deep from the road or property line. The remaining area shall immediately be planted with grass or other suitable agricultural planting material.
H. 
Access roads.
(1) 
All access roads shall be level with intersecting streets for a distance of 60 feet.
(2) 
A stop sign shall be installed so as to warn any vehicle entering onto a Town street.
(3) 
All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry.
I. 
Site maintenance.
(1) 
No open-face excavation shall exceed 25 feet in height.
(2) 
No excavation shall be closer than 15 feet to a property line.
(3) 
No slope shall exceed a two-foot horizontal to a one-foot vertical grade.
J. 
Temporary buildings.
(1) 
All temporary structures shall be specified in the special permit application and shown on the plan.
(2) 
Any structure erected on the premises for use by personnel or storage of equipment shall be located at least 40 feet from any existing roadway and at least 30 feet from any lot line.
(3) 
Any temporary structure will be removed no later than 90 days after the expiration date of the permit.
K. 
Mechanical crushing and screening.
(1) 
All crushing and screening permits shall be granted for a period not to exceed six months.
(2) 
Said permits shall be granted as a cleanup procedure only.
(3) 
Washing of processed material will not be allowed.
(4) 
Operation of crushing or screening equipment shall be from 7:30 a.m. until 5:00 p.m., Monday through Friday.
(5) 
All crushing and screening equipment shall be equipped with suitable dust and noise control devices.
A. 
All restoration must be completed within 60 days after the termination of an earth removal permit or by the first of June if the permit terminates between December 1 through March 31.
B. 
No slope shall be left with a grade steeper than a two-foot horizontal to a one-foot vertical.
C. 
All siltation basins shall be filled with earth, and a natural drainage pattern must be reestablished. No area upon the site which will collect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plans.
D. 
All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six inches on all disturbed areas. Sites that had less than six inches of topsoil shall be restored with a minimum of four inches over the entire area.
E. 
Seeding. The entire area shall be seeded with grass or legume which contains at least 60% perennials. The planted area shall be protected from erosion during the establishment period using good conservation practices. Areas which wash out are to be repaired immediately.
F. 
Reforestation. All areas which are disturbed in the earth removal operation shall be reforested with 50% coniferous and 50% deciduous trees planted at the rate of 150 trees per acre. All trees used are to be a minimum of two-year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agriculture purposes after earth removal operations are completed may be reforested in the following manner:
(1) 
Trees shall be planted 25 feet deep from a public road or property line.
(2) 
The remaining area shall immediately be planted with grass or other suitable agricultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from this reforestation subsection.
G. 
Within 90 days of completion of operations, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises.
A. 
There must be filed with the Town Treasurer a continuous bond or deposit of money in the minimum amount of $1,000 per acre to be excavated, and shall be of a sufficient amount to cover 10 acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board.
B. 
After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One year after such a partial release is granted and if, in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion, or any other unsatisfactory condition appears, the applicant shall be responsible for and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be required to give the Board of Appeals, by registered or certified mail, a sixty-day notice prior to any termination or cancellation of the bond.