[HISTORY: Adopted by the Town Meeting of the Town of Sudbury
as Art. V(A) of the General Bylaws. Amendments noted where applicable.]
The Earth Removal Board is hereby established and shall consist
of five registered voters of the Town, to be annually appointed by
the Select Board for a term of one year. Appointment to the Earth
Removal Board may be made contingent on the member holding another
office or membership on another board or committee, in which case
removal or resignation from such other office, board or committee
shall be deemed removal or resignation from the Earth Removal Board.
Vacancies shall be filled by appointment for the remaining portion
of the term. The Earth Removal Board can proceed or act only when
a quorum of four or more members are present. A majority vote in favor
of the issuance of an earth removal permit shall be required for the
issuance of an earth removal permit.
No person, firm or corporation shall remove any soil, loam,
sand, gravel, stone, or other earth material from any land in the
Town not in public use without first obtaining a permit, hereinafter
called an "earth removal permit," therefor from the Earth Removal
Board, as provided in the following sections.
Without restricting the generality of the previous section,
an earth removal permit shall be required under this bylaw for the
removal of soil, loam, sand, gravel, stone or other earth material
in the course of excavation incidental to the construction of a business,
industrial, research or commercial building or facility of any kind
for which a building permit is required. This requirement for an earth
removal permit extends also to any material removed for the installation
of walks, driveways, parking lots, and similar appurtenances to said
commercial building or facility.
An earth removal permit shall not be required under this bylaw
for the removal of soil, loam, sand, gravel, stone or other earth
material in the course of excavation incidental to the construction
of a single-family residential building for which a building permit
is required and to the installation of walks, driveways, and similar
appurtenances to said building, provided that the quantity of material
removed does not exceed that displaced by the portion of building,
walk, driveway, or similar appurtenance below finished grade, or in
the course of customary use of land for a farm, garden or nursery.
This exemption does not cover removal of earth from the premises involving
topographical changes or soil-stripping or loam-stripping activities,
nor shall tentative or final approval of a subdivision plan be construed
as authorization for the removal of earth material from streets shown
on the subdivision plan.
An application for an earth removal permit shall be in writing
and, among other things as required by the Earth Removal Board, shall
contain an accurate description of the portion of land from which
earth is to be removed, shall state fully the purposes for the removal
thereof, and shall include plans of the land involved in such form
as the Board may require. The Board may charge reasonable fees for
making an application for earth removal. Upon receipt of an application
for an earth removal permit for removal of earth from any land, the
Board shall appoint a time and place for a public hearing, notice
of which shall be mailed to the applicant and abutters and published
in a newspaper having a circulation in the Town at least 21 days before
such hearing.
An earth removal permit for removal of soil, loam, sand, gravel,
stone or other earth material shall be granted only if the Earth Removal
Board shall rule that such removal is not detrimental to the neighborhood.
The exercise of any earth removal permit granted under provisions
of this bylaw shall be subject to conditions, limitations and safeguards
to be set forth therein by the Board to protect the health, welfare,
convenience, and safety of the public, and to promote the best interests
of the neighborhood and of the Town. These conditions may include,
but are not limited to:
B. Type and location of temporary structures.
D. Routes for transporting the material through the Town.
E. Area and depth of excavation.
F. Distance of excavation from street and lot lines.
G. Steepness of slopes excavated.
H. Reestablishment of ground levels and grades.
I. Provisions for permanent and temporary drainage.
J. Disposition of boulders and tree stumps.
K. Replacement of loam over the area of removal.
L. Planting of the area to suitable cover.
M. Inspection of the premises at any time by the Board or its representative.
The Earth Removal Board may require, as a condition of the granting
of an earth removal permit to remove soil, loam, sand, gravel, stone,
or other earth material, that the permittee shall furnish cash, certified
check, or a surety company bond to the Town as obligee in a penal
sum to be fixed by said Board as it shall deem sufficient to cover
the cost of the performance of all labor and materials as shall be
required to carry out all the conditions, limitations, and safeguards
as may be imposed by said Board in connection with the removal of
the particular substances for which the earth removal permit is issued.
No earth removal permit shall be issued under provisions of this bylaw
for a period of more than one year, though earth removal permits may
be renewed without hearing at the discretion of the Board.
If the Earth Removal Board shall be informed or shall have reason
to believe that any provision of this bylaw or of any earth removal
permit or condition thereof has been, is being, or is about to be
violated, the Board shall make, or cause to be made, an investigation
of the facts, and if the Board finds any violation, the Board shall
send a notice ordering cessation of the improper activities to the
owner of the premises in question or his duly authorized agent, and
to the occupant of the premises. If after such notice the violation
continues, the Board may suspend any earth removal permit it has issued
or take such other action as is necessary to enforce the provisions
of the bylaw and/or seek penalties as provided in MGL c. 40, § 21,
Clause 17. If any earth removal permit is suspended, an early date
shall be set by the Board for a public hearing, notice of which shall
be given to the permittee and shall be published at least seven days
before such hearing in a newspaper having a circulation in the Town.
Any earth removal permit granted by the Board may be revoked for cause
shown after such a public hearing. The suspension or revocation of
an earth removal permit shall not relieve the permittee of their obligations
thereunder except at the discretion of the Board.
The Earth Removal Board shall record all proceedings brought
under this bylaw in a book to be kept for that purpose and shall file
in the office of the Town Clerk a copy of all decisions, and the said
Town Clerk shall keep a proper index thereof.
This bylaw shall take effect upon its approval by the Attorney
General and as provided by law; provided, however, that any continuous
earth removal activities in actual legal working operation on December
1, 1959, may continue unaffected by this law until April 1, 1960.
Permits for operation of the latter activities will be required after
April 1, 1960.
If any provision of this bylaw shall be held invalid or unconstitutional,
such invalidity or unconstitutionality shall not be construed to affect
the validity or constitutionality of any of the remaining provisions.