The removal of sand, gravel, subsoil, topsoil or earth and the
processing and treating of said materials shall be conducted only
by special permit issued by the Board of Selectmen.
This article shall not apply to the following:
A. The excavation of a foundation for a new structure for which a valid
building permit is in force, provided the amount of material to be
removed will not exceed 5,000 cubic yards.
B. The grading and/or landscaping in connection with the construction
of a new structure as approved by the Planning Board.
C. The construction or reconstruction of a residential driveway if otherwise
permitted.
D. The excavation and grading in connection with construction of a subdivision
as approved by the Planning Board.
E. The removal of less than 50 cubic yards in a twelve-month period.
F. The grading in connection with a bona fide agriculture operation.
G. Building construction. Removal of sand, earth or gravel and the processing
and treating of said materials shall be conducted only by special
permit of the Board of Selectmen. This article shall not apply to
such operation which are incidental to and in connection with the
construction of a building on a lot.
The Board of Selectmen may approve the removal of sand, gravel
or earth in excess of 50 cubic yards but not to exceed 2,000 cubic
yards on a one-time basis under the following conditions:
A. The application be accompanied by a plan or plans showing:
(2)
The area to be excavated.
(3)
The distance from the property lines to the area to be excavated.
(4)
The approximate contours before and after excavating.
B. The excavation shall be at least 20 feet from the lot lines unless
the Board of Selectmen deem otherwise.
The Board of Selectmen may, after public hearing for which notice
has been given by publication and posting as provided in MGL c. 40A,
grant a special permit for the removal of more than 50 cubic yards
in a twelve-month period.
Any application for a special permit for the removal of sand, earth or gravel or for the processing and treating of said materials shall be accompanied by a site plan depicting the land to be affected by such operation. In addition to complying with the minimum site plan requirements of §
300-12.3, the site plan shall indicate the following:
A. Contours at intervals of not more than 10 feet;
B. A placement of at least four inches of compacted topsoil over all
excavated, filled or otherwise disturbed surfaces and seeding with
a perennial cover crop, re-seeded as necessary to ensure uniform growth
and soil surface stabilization;
C. Finished grades not to exceed a slope of one foot vertical to two
feet horizontal; and
D. Existing removal area(s) and the proposed area(s) for removal in
the immediate future.
Any special permit granted for the removal of sand, earth or
gravel or for the processing and treating of said materials shall
contain the following mandatory conditions:
A. All equipment, except mobile equipment, for sorting, washing, crushing,
grading, drying, processing and treating, or other operation machinery,
shall not be used closer than 100 feet to any public street or to
any adjoining property lines.
B. Any access to excavated areas or areas in the process of excavation
shall be adequately posted with KEEP OUT - DANGER signs.
C. Any work or bank that slopes more than 30° downward adjacent
to a public street shall be adequately fenced at the top.
D. Fencing. A substantial fence shall be provided enclosing the excavation
or quarry where any excavation or quarry will extend under original
ground level or will have a depth of 10 feet or more and create a
slope of more than one foot vertical to two feet horizontal. Such
fence shall be located 10 feet or more from the edge of the excavation
or quarry, and shall be at least six feet in height.
E. Adequate provision is to be made for drainage during and after the
completion of operations.
F. Adequate lateral support shall be maintained for all adjacent properties.
G. The use of explosives shall be done in accordance with the regulations
for storage and handling of explosives as published by the Massachusetts
Department of Fire Services and the Sturbridge Fire Department.
H. Provision shall be made for the adequate control of dust during operation.
I. There shall be replacement of at least four inches of compacted topsoil
over all excavated, filled or otherwise disturbed surfaces. There
shall also be seeding with a perennial crop, re-seeded as necessary
to ensure uniform growth and soil surface stabilization.
J. Finished grades shall not exceed a slope of one foot vertical to
two feet horizontal.
K. It is recognized that the land reuse of a removal site is in the
public interest. Therefore, land reuse plan(s) must be submitted to
the Board of Selectmen for approval subject to the regulations set
forth in the following paragraphs:
(1)
The Board of Selectmen may require that up to three approved
alternative future land reuse plans be submitted for such land as
is used for the extraction of earth, sand, gravel and/or rock;
(2)
Said land reuse plan and its implementation applies to the conversion
of the abandoned site and its planned reuse, including landscaping
and erosion control. It is, therefore, required that any land reuse
plan correspond to a situation which could reasonable occur in the
immediate future, zero to five years, and be revised as necessary
as to the existing physical character of the removal area changes;
(3)
The land reuse plan or any part thereof which reasonably applies
to an area which has been abandoned from removal use shall be put
into effect within one year of the abandonment of said operation.
Abandonment for the purpose of this subsection shall be defined as
the visible or otherwise apparent intention of the owner or user of
the land to abandon the use of the land; and
(4)
A bond in an amount stated by the Board of Selectmen shall be
posted to ensure the satisfactory implementation of the reuse plan.
A performance bond, in form and amount specified by the Board
of Selectmen, shall be filed with the Treasurer of the Town of Sturbridge;
said bond shall specify the time within which the work under the permit
is to be completed and shall guarantee satisfactory performance of
the work.