As used in these rules and regulations, the following terms
shall have the meanings indicated:
APPLICATION
A written request filed with the Planning Board for issuance
of a special permit; it shall include the application fee, operating
plans and a list of abutters within 300 feet of any point on the perimeter
of the proposed site.
EARTH REMOVAL
The extraction or removal of sand, gravel, loam, topsoil,
stone, clay or shale from the deposits from any tract of land.
OPERATING ACREAGE
The maximum number of acres which have been or will be stripped
of topsoil/vegetation and/or which have not been graded and replanted
in conjunction with the approved closeout plan.
OPERATING PLANS
A series of topographic plans showing the existing, interim
and closeout contours, drainage schemes, etc., as defined hereinafter.
TOTAL ACREAGE
The total number of acres within the property lines of the
proposed site.
These regulations are adopted pursuant to the authority granted
by MGL c. 40 for the purpose of promoting the health, safety and overall
aesthetic quality of life for the inhabitants of the Town by effecting
uniform regulations for all earth removal operations.
No earth removal operation shall be conducted without a covenant
having been consummated between the Town and the applicant and a special
permit for the same having first been issued by the Planning Board.
The special permit shall expire on December 31 of each year. The Planning
Board reserves the right to deny the issuance of any special permit
if in its judgment the earth removal operator has not developed or
has failed to conform to the approved operating plan.
The permit fee shall be a certified check in the amount of $25
per operating acre, and the applicant shall reimburse the Town for
all other expenses exceeding the application fee prior to the issuance
of the special permit.
The Planning Board shall give 14 days' prior notice to the applicant
and abutters within 300 feet of any point on the site perimeter of
any public meeting during which an application for an earth removal
special permit shall be considered and discussed. Said notice shall
be published in a newspaper of general circulation in the Town.
If a permittee fails to comply within 30 days of a written notice
from the Planning Board of any deviation from the approved operating
plan, the Planning Board may take such action as is necessary to correct
the deviations. In the event of such an undertaking by the Planning
Board, the owner of the land shall reimburse the Town for expenses
incurred in connection therewith, and such expenses shall constitute
a lien upon the entire tract of land approved in the permitting process.
The Planning Board, upon petition or its own motion, may revoke
any special permit for violation of any provision herein. The Planning
Board shall give the permittee seven days' written notice of any hearing
to consider revocation of a special permit.
The Planning Board may bring suit in the name of the Town of
Palmer to restrain any violation of or noncompliance with the provisions
of these regulations.
Prior to the issuance of an earth removal permit, the permittee
shall issue an irrevocable letter of credit from a bona fide bank
or a performance bond (on a form recommended by the special permit
granting authority, a copy of which is attached) to the Town from
a surety company licensed to operate in Massachusetts, in the amount
of at least $1,000 for each operating acre of said portion of land
which will be operated or otherwise have an open face during the succeeding
year.
All applicants are required to provide the Town of Palmer with
a hold-harmless agreement along with a certificate of insurance, naming
the Town of Palmer as an additional insured, for bodily injury and
property damage in an amount to be specified in the covenant, subject
to a minimum of $500,000 single limit.
Notwithstanding any of the foregoing rules and regulations,
the applicant shall comply with all other applicable local, state
and federal laws, regulations, rules and guidelines.