This bylaw is to ensure that permanent changes in the surface
contours of land from earth removal activities will leave the land
in a safe and convenient condition for appropriate reuse without requiring
excessive and unreasonable maintenance or creating danger of damage
to public or private property, and is to provide that earth removal
activities shall be conducted in a safe manner, with minimal detrimental
effect upon neighboring properties and the district in which the activities
occur.
This bylaw is adopted pursuant to the authority granted under
General Laws Chapter 40, § 21, clause 17, and Article II,
§ 6 of the Amendments to the Constitution of the Commonwealth
of Massachusetts.
INCIDENTAL TO/INCIDENTAL USE
A use is incidental to a primary use when it is subordinate
to the primary use, is consistent with the character of the existing
and intended use, involves no income or profit for purposes other
than the primary use, and bears a reasonable relation to it. Earth
removal activities may be an incidental use only when they are a minor
use, not a major undertaking.
EARTH
All material normally and naturally composing part of the
earth's surface and immediate subsurface, excluding water, including
but not limited to, soil, clay, gravel, hard pan, loam, rock, peat
and sand.
LOT
A single parcel of land separated from contiguous land by
property lines described in a recorded plan or deed.
REMOVE/REMOVAL
The severance of any earth from its natural location, whether
or not such earth is moved from the lot to another location on the
same lot or off the lot, by any means, including but not limited to,
stripping, excavating, mining or blasting.
No person, firm or corporation shall remove any earth from any
lot in the Town of Wrentham, unless such activity is a permitted or
lawfully nonconforming use in the district under the Town of Wrentham
Zoning Bylaw, and is authorized by a permit issued by the Planning
Board under this bylaw.
The following activities shall not be considered earth removal,
and no permit shall be required under this bylaw, provided the activities
do not constitute a nuisance or danger to the public, and conform
to accepted engineering or agricultural practices:
A. The Superintendent of Public Works and his/her agents and employees
may perform earth removal activities in the performance of their public
duties on any public way and on Town property.
B. Earth removal incidental to the construction of the foundation of
buildings, walks, driveways, septic systems or swimming pools, and
incidental to the installation of utilities, provided that the quantity
of earth subject to removal does not exceed that displaced by the
portions of construction and installation below finished grade.
C. Earth removal incidental to the normal operation of a cemetery.
D. Earth removal incidental to landscaping in which the amount of earth
subject to removal does not exceed 200 cubic yards in one calendar
year, if the earth is transported off the lot; and does not exceed
500 cubic yards in one calendar year, if the earth is transported
within the lot.
Prior to the start of any work under a permit granted hereunder,
a surety company bond or deposit of money (which may take the form
of an assignment of a bank account assented to by the depository bank)
shall be delivered to the Planning Board to ensure compliance with
this bylaw and of the conditions of the permit. The bond shall have
a term of not less than two years beyond the estimated completion
date of the earth removal project. Such bond or other security shall
be held by the Town Treasurer until the permit holder submits an as-built
plan, prepared and certified by a registered civil engineer licensed
to practice in the Commonwealth of Massachusetts, showing that all
excavation has been to grades approved on the site plan, and that
all restoration work has been completed.
In appropriate circumstances, the Planning Board may combine
any hearing required under this bylaw with the hearing on an application
for definitive plan approval under MGL c. 41, § 81U, or
an application for a special permit or site plan approval under the
Wrentham Zoning Bylaw, and may accept plans or information submitted
in support of such applications in satisfaction of the requirements
of this bylaw. In such cases, the Board shall ensure that the separate
requirements of this bylaw are met, and shall issue a separate permit
under this bylaw.
[Amended 4-30-2001 ATM]
The Building Inspector shall be responsible for enforcing provisions of this bylaw and the decisions rendered in accordance with §§
275-6 and
275-9 herein. Once notified by the Building Inspector, an earth removal operator shall immediately cease such activities or begin to correct such conditions determined to be contrary to said provisions or decisions. Failure to do so shall constitute a non-criminal violation subject to a fine in accordance with MGL c. 40, § 21D, as follows: $50 for the first offense; $100 for the second offense; and $200 for each subsequent offense.