To promote land development and site planning practices which
are responsive to character of Cohasset's topography without preventing
the reasonable development of land. This land alteration article regulates
(i) clearing activities and (ii) earth removal associated with land
development.
This land alteration article is in addition to and works with the (i) Cohasset's Wetlands Bylaw (General Bylaws, Part II, Chapter
260), whose purpose is to protect wetlands, related water resources, and adjoining land areas and the (ii) Stormwater Management Bylaw (General Bylaws, Part II, Chapter
223), whose purpose is to prevent and reduce existing and future flooding, protect water quality, increase groundwater recharge, reduce erosion and sedimentation, and promote environmentally sensitive site design practices.
All clearing activities proposed to take place on any lot in
any zoning district that exceed the limits set forth below must obtain
a special permit from the Planning Board, unless specifically exempted
herein.
Clearing activity means the complete removal of trees four inches
in diameter or greater, measured at five feet above existing grade.
Percent of lot area will be measured by square feet of disturbed earth
from clearing activities divided by total square feet of the lot.
A. All lots with an area of 18,000 square feet or less shall be exempt
from this requirement.
B. In the OS District or all lots with Land Use Code 200 (Open space
as defined by Massachusetts Department of Revenue Property Type Classification
Codes), clearing of the lot is prohibited unless necessary for permitted
or grandfathered use.
C. On an undeveloped lot (Land Use Code 130, 131, 132, 390, 391, 392,
393, 431, 440, 441, 442 017, 0186, 086, as defined by Massachusetts
Department of Revenue Property Type Classifications Codes), clearing
is not permitted in excess of:
(1)
70% of lot area in the RA, RB, and RC Districts.
(2)
85% of lot area in the HB, LI, TB, DB, VB, and WB Districts.
D. When residential developed lots (Land Use Code 101 as defined by
Massachusetts Department of Revenue Property Type Classifications
Codes) are subdivided or reconfigured into multiple lots for redevelopment
clearing activity is not permitted in excess of 70% of lot area in
the RA, RB and RC Districts.
E. There shall be no further clearing, beyond the above thresholds, for those undeveloped lots (as defined in §
300-11.2C) transitioned to developed lots for a period of 10 years after the final certificate of occupancy is issued for structures constructed upon it.
F. The following activities are exempt from having to obtain a special
permit, in all districts:
(1)
Routine maintenance or removal of hazardous trees (a tree with
a structural defect or disease).
(2)
Temporary work relative to emergency storm events or emergency
repairs to any utilities (gas, water, sewer, electric, telephone,
etc.), including situations that pose an immediate danger to life
and/or property.
(3)
Activities conducted in accordance with Forest Stewardship Plan
approved by the Massachusetts Department of Conservation and Recreation.
(4)
Construction and maintenance of public and private streets and
utilities within Town-approved roadway layouts and easements or in
connection with a subdivision approved in accordance with the Town's
Subdivision Rules and Regulations.
(5)
Exploratory work associated with the siting of a new or replacement
sewage disposal system, and which is otherwise being monitored by
the appropriate Town boards and departments having jurisdiction.
(6)
Agricultural activities in existence at the time this bylaw
was adopted, work conducted with approved Natural Resource Conservation
Service Agricultural Plan or agricultural uses on parcels of land
of more than five acres as specified in MGL c. 40A, § 3.
(7)
Work conducted in accordance with any prior and still-valid earth removal or building permit issued pursuant to the predecessor version of this Article
11 or other sections of the Cohasset Zoning Bylaw.
[Amended 12-13-2021 STM by Art. 7]
Earth removal means the extraction of materials, including soil,
loam, sand, gravel, or stone.
It also includes the alteration or removal of exposed ledge
face. Exposed ledge face means any portion of rock formation lying
above pre-construction grade at any given point.
These materials shall not be removed from any lot within the
Town unless such removal will constitute an exempt operation as hereinafter
provided or is subject to a valid building permit, special permit
or stormwater bylaw permit.
A. The following activities are exempt:
(1)
The transfer of material from one part of the lot to another
part of the same lot.
(2)
The removal of material from land in use by the Town or other
governmental agency.
(3)
Where earth removal was necessarily excavated in connection
with the lawful construction of a building, sewer system, other utilities,
or a driveway, provided that the quantity of material removed does
not exceed that actually displaced by the portion of the principal
building, garage, sewer system, utility or driveway below finished
grade.
B. All
other land alteration activities that involve exposed ledge face removal
as it pertains to a structure must obtain an other land alteration
activities special permit from the Planning Board. For illustrative
purposes, this includes the excavation and construction of a structure
or an accessory building to the principal use of the lot such as,
but not limited to, fences, sheds, barns, patios, athletic courts,
and pools.