[HISTORY: Adopted by the Town Meeting of the Town of Norfolk 3-20-1970 (Art. VII, § 1, of the General Bylaws). Amendments noted where applicable.]
For the purpose of this bylaw, "earth" shall include soil, loam, sand and gravel. "Board" shall mean the Planning Board of Norfolk.
[Amended 5-8-1980; 5-20-1987; 11-29-2012]
No earth shall be removed from any parcel of land or contiguous parcels under common ownership within the Town to another parcel either within or without the Town without a special permit except as follows:
A. 
Removal of earth from an operating farm, nursery, or cemetery but only to the extent that this removal is necessary for the current operations of the farm, nursery or cemetery and only if the total volume of earth to be removed does not exceed 5,000 cubic yards during any three-year period. Any person or entity claiming an exemption under this subsection must first notify the Board of the claim and the basis for the claim, and must receive a written acknowledgement from said Board. In its acknowledgement, the Board may impose any reasonable restrictions.
B. 
Removal of earth from a site:
(1) 
Where a building is under construction pursuant to a building permit to the extent as may be necessary to install the foundation and basement of the building, provided such removal may not exceed an amount equal to the volume of the foundation and basement of the building.
(2) 
Where a road is under construction pursuant to a permit for a subdivision or tract of land by government authority; such removal is permitted only to the extent as may be necessary to complete the project as planned.
C. 
The moving and removal of earth for any municipal purpose by or on behalf of any department of the Town of Norfolk.
D. 
Moving and/or stockpiling of earth within a subdivision under construction, including construction on individual lots as well as roadways, provided that any stockpiles shall not be located within 500 feet of any lot for which an occupancy permit has been granted.
E. 
A noncommercial moving of earth or regrading of earth upon a single lot upon which a dwelling is situated and occupied to allow regrading to prevent flooding or the construction and repair of on-site sewage disposal facilities.
F. 
Removal of less than 500 cubic yards of earth from any individual lot or site.
A special permit for removal of 500 or more cubic yards of earth may be granted by the Board after a finding by the Board that each of the following criteria has been met:
A. 
Uses allowed as a matter of right by the Zoning Bylaw[1] or granted by a zoning special permit can only be exercised by the granting of an earth removal special permit by the Board.
[1]
Editor's Note: See Ch. 310, Zoning.
B. 
The proposed earth to be removed is the minimum necessary to remove a physical hardship and/or to facilitate efficient use of the land without causing an adverse impact as defined in Subsection C below.
C. 
The removal of earth will not cause a nuisance, or be a detriment to the surrounding areas or along the route of transportation, or cause an adverse effect. An earth removal operation shall be deemed to cause an adverse impact to the Town or to property in the vicinity of the site if it:
(1) 
May reasonably be expected to significantly increase surface water flow off the site or to result in any adverse impact on surface water or public or private drinking water wells;
(2) 
May produce noise, dust or other effects that may be detrimental to the amenities, aesthetics or normal use of property in the neighborhood;
(3) 
May result in a change of topography and cover that will render development of the site in accordance with the approved site plan more difficult or costly;
(4) 
May have an adverse effect on public health or safety or on the health or safety of persons living, working or otherwise present in the neighborhood; or
(5) 
May unduly frustrate the long-term recreation and open space planning objectives of the Town.
D. 
The removal of earth will be accomplished as part of the development of an approved overall project, subdivision approval, site plan approval or building permit.
E. 
Except for the infrastructure stage for a subdivision or other work for which no building permit is required, no earth removal may commence on any lot or site until a building permit is issued for a building on that lot or site.
[Amended May 2009]
Special permits for earth removal granted by the Board prior to July 1, 2009, and which are in the excavation and removal process may be renewed at the discretion of the Board.
Any person or corporation applying to remove earth from a location in the Town of Norfolk shall file an application for a special permit with the Board. All applications for special permits shall be accompanied by exhibits and documentation deemed necessary by the Board for the proper issuance of a permit. The Board shall adopt rules and regulations pertaining to the contents of the application.
A public hearing shall be held on each application for a permit under this bylaw. The Board shall cause a notice of the public hearing to be published at the expense of the applicant in a daily or weekly newspaper in general circulation in the Town at least 14 days prior to the date of said hearing. The notice shall set forth the name of the applicant, the nature of the operation for which a permit is requested, the volume of material to be stockpiled or removed and the location of the premises.
The Board shall be and hereby is authorized to set a reasonable application fee, based on actual costs, for all original and renewal applications for a special permit.
[Amended 10-8-1979]
The Board shall be and is hereby authorized to determine the costs of any engineering fees incurred in the measurement of earth removed or to be removed under such permit. The engineering fees charged for each permit issued or renewed will be paid by the applicant.
The applicant shall provide plans of the proposed use with the necessary documentation to demonstrate the need for earth removal and proof that the proposed removal constitutes the minimum removal required to remove the hardship and/or to facilitate maximum efficient use of the land.
A. 
In approving the issuance of a permit, the Board may impose reasonable requirements which shall constitute a part of the permit and which may include but not be limited to:
(1) 
Grading, seeding and planting.
(2) 
Construction of necessary fencing and other protection against nuisances.
(3) 
Methods of removal, location and use of structures.
(4) 
Hours of operation, duration of the removal operation and routes of transportation of material removal.
(5) 
Control of drainage, disposition of waste incident to the operation, providing of adequate vegetation.
B. 
Any conditions so imposed by the Board shall be endorsed upon the permit issued to the applicant.
C. 
The Board shall require suitable bond or other security adequate to assure compliance with the provisions of this bylaw.
D. 
The area excavated during the duration of the permit shall be restored to conform to the natural state of the area and surrounding areas by grading, retopsoiling, topsoiling, and planting so that all scars resulting from the removal operation are eliminated annually during the period of the permit and any subsequent renewals. Such restoration shall be completed within 30 days of the termination of the permit or any renewal thereof.
E. 
No applicant for an earth removal special permit shall reapply for a one-year period following the date of denial of the application for a permit for earth removal by the Planning Board.
[Amended 5-10-2022 ATM by Art. 18]
F. 
No permit shall be issued until the owner of the site has granted to the Town an easement over the land in question and conveys to the Town the legal right to enter upon said land with equipment and personnel for the purpose of making acceptable restoration in accordance with the approved restoration plan in the event of default of such restoration specified in the permit by the owner or their contractual representative.
[Amended 5-10-2022 ATM by Art. 18]
G. 
The depth of any excavation shall not be made lower than 10 feet above the annual high water table.
[Amended 5-21-1985]
[Amended 5-8-1980; 5-31-1989; 5-12-2009; 5-10-2022 ATM by Art. 18]
A. 
Any permit issued by the Board shall expire upon the termination date stated thereon. If the Board does not issue a new permit upon the proper application of the petitioner, grading, topsoiling, and seeding of the existing excavation shall be completed by the petitioner within 30 days of the expiration thereof.
B. 
All applications for renewal of a special permit will require a public hearing as specified in § 156-7 of this bylaw. Application for renewal of a permit that is expiring must be submitted 30 days prior to the expiration of the existing permit. In such application, documents used for the original issuance of permit may be revised to show the conditions existing at the time of reapplication, which include an as-built plan with all calculations of material moved to date and remaining material to be removed. Information thus required will be stated in § 156-6, Application for special permit.
[Amended 5-21-1985]
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
[Amended 5-30-1975; 5-23-1978; 6-27-1978; 10-16-1979; 5-20-1980; 5-13-2009; 5-10-2022 ATM by Art. 18]
Any person, firm, or corporation willfully violating, disobeying, or refusing to comply with any of the provisions of this bylaw shall be prosecuted under the terms of MGL c. 40, § 21, Clause 17, and shall be subject to a fine of not more than $50 for the first offense, not more than $100 for the second offense, and not more than $200 for any subsequent offense. Each day of noncompliance can constitute a separate offense. The Board may revoke or suspend the permit of any person, firm, or corporation holding a permit under this bylaw if such person, firm, or corporation violates, disobeys, or fails to comply with any of the provisions of this bylaw.