See MGL c. 40, § 21, Clause 17, and Chapter 156, Earth Removal, of the Town of Norfolk bylaws. See also § 325-3.3B(16) and other relevant sections of these rules and regulations.
A.
Earth which is to be removed in compliance with the requirements of a definitive subdivision plan approved by the Norfolk Planning Board shall be subject to the requirements listed herein.
B.
No earth shall be moved, stripped, stockpiled, or removed from any subdivision street right-of-way or easement being constructed within the Town to another parcel either within or without the Town except as set forth herein. Exceptions to this prohibition may be made by the Planning Board after a finding that each of the following criteria have been met:
(1)
That there has been approval and endorsement of the definitive plan by the Planning Board.
(2)
The proposed earth to be removed is the absolute minimum required to remove a physical hardship.
(3)
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:
(a)
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;
(b)
May produce noise, dust, or other effects that may be detrimental to the amenities, aesthetics or normal use of property in the neighborhood;
(c)
May result in a change in topography and cover that will render development of the site in accordance with the approved site plan more difficult or costly;
(d)
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
(e)
May unduly frustrate the long-term recreation and open space planning objectives of the Town.
C.
In no case shall earth removal exceed five months of operation or removal of more than 10,000 cubic yards of material.
E.
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 insofar as is possible.
F.
The depth of any excavation shall not be made lower than 10 feet above the annual high-water table.
All applications for definitive plan approval shall be accompanied by exhibits and documentation deemed necessary by the Planning Board for the proper review of the issuance of an earth removal approval.
A.
Exhibits or documentation shall include but not be limited to the following:
(1)
The street location of the proposed excavation, the proposed depth of excavation and the elevation of the highest annual high-water table, as determined by the test pits and soil boring.
(2)
Name and address of the legal owner of the land in question.
(3)
Name and address of petitioner, if different.
(4)
Names and addresses of all owners of property within 500 feet of property lines of the land.
(5)
Ten copies of a plan of the land prepared by a registered engineer or land surveyor drawn to scale of 40 feet to the inch, including land boundaries, adjacent streets, location of all structures upon the land, original topography by two-foot contours, proposed final topography by two-foot contours, the limits of proposed earth moving operations, the depth of loam at forty-foot intervals along original contour lines, and drainage provisions to be made after completion of the earth removal project. The plan shall bear appropriate cross sections and a computation of the volume of material to be moved, stockpiled, stripped or removed, certified by the person preparing the plan.
(6)
A statement estimating the quantity of material to be moved.
(7)
The period of time during which operations are proposed.
(8)
The routes of vehicles to be used.
(9)
The proposed form of bond to be used.
(10)
Statement of plans for the disposal of rock, tree stumps, and other waste materials, and for the drainage site and excavation during and after the removal operations. For operations within 500 feet of wetlands, the application shall include a statement of plans for the protection of any portion of an underground water source or supply, including without limitation springs, wells, underground reservoirs or aquifers.
(11)
The area to be stripped of vegetation at any one time, that is, prior to being reseeded and having trees and shrubs planted.
(12)
Zoning district.
(13)
Plans of the proposed use, with the necessary documentation to demonstrate the need for earth removal, and that the proposed removal constitutes the minimum removal required.
B.
The Board shall be and hereby is authorized to set a reasonable charge in addition to the normal application fee and review fee for definitive plans if such earth removal warrants an additional charge. The engineering fees shall be paid by the applicant.
C.
A public hearing shall be held on each application for approval under this provision as a part of the public hearing on the definitive subdivision plan.
A.
In approving the removal of earth, the Planning Board may impose reasonable requirements which shall constitute a part of the subdivision approval, and which may include but not be limited to: grading, seeding and planting, construction of necessary fencing and other protection against nuisances, methods of removal, hours of operation, the duration of the removal operation, routes of transportation of material removal, control of drainage, disposition of waste incident to the operation, and providing of adequate vegetation. Any conditions so imposed by the Board shall be listed on the definitive plan prior to endorsement of the plan and approval of the covenant by the Board.
B.
The Board shall require suitable bond or other security adequate to assure compliance with the provisions of the approval to remove earth.
C.
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 specific in the permit by the owner or his contractual representative.
E.
No work shall begin until the Planning Board receives written notice that earth removal is scheduled to begin at least two but no more than four weeks following the date of this notice.
A.
The applicant shall be responsible for filing a weekly report from a designated earth relocation/removal monitor. This report shall include a daily count of the number of truckloads, amount of material, verification of street sweeping, and measures taken to ensure no off-site migration of materials, including airborne dust, etc.
B.
Prior to commencement of removal, the applicant shall provide sufficient bond to cover the cost of monitoring the operation should the applicant default on providing monitoring. These reports will be included in the estimate of probable construction cost which will be the basis of the required bond.
Any earth removal operation in a subdivision shall expire upon the termination date stated in the approval.
The invalidity of any section of provisions of this regulation shall not invalidate any other section or provision thereof.
Any person, firm, or corporation willfully violating, disobeying, or refusing to comply with any of the provisions of this article 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 shall constitute a separate offense. The Planning Board may revoke or suspend permission of any person, firm, or corporation holding permission to remove earth if such person, firm, or corporation violates, disobeys, or fails to comply with any of the provisions of this approval.