[Code of Bylaws, § 14-21; 6-23-2020 ATM by Art. 33]
(a) 
No person, or firm or corporation, shall remove any soil, loam, sand, gravel, stone, or other earth material from any land in the town without first obtaining a permit from the earth removal board, for the excavation or removal of more than 500 cubic yards of soil within a 12-month period as provided in the following sections.
(b) 
No person, or firm or corporation shall import into the town more than 500 cubic yards of material within a 12-month period of any soil, loam, sand, gravel, stone, or other earth material for fill, grading, reclamation, dumping, or other use without first obtaining a permit from the earth removal board as provided in the following sections.
[Code of Bylaws, § 14-21, § 1; 6-23-2020 ATM by Art. 33]
A removal permit shall be required under this chapter for the removal of all forms of soil including, without limitation, sod, loam, sand, gravel, clay, peat, hardpan, rock, quarried stone or mineral products in the course of excavation, including blasting, incidental to the construction of a commercial, residential, institutional or industrial building or facility of any kind for which a building permit is required. This requirement for a 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.
[Code of Bylaws, § 14-21, § 2]
Tentative or final approval of a subdivision shall not be construed as authorization for the removal of earth material from streets shown on the subdivision plan. Nor does it authorize any removal of earth from the premises involving topographical changes or soil-stripping or loam-stripping activities. Efforts shall be taken to maintain the continuity of the natural topography when building on any site. Cut and fill shall be avoided in all instances possible; and structures shall be designed and sited to fit naturally into the topography rather than radically altering the topography to conform to structures or other site appurtenances. Any proposed excavation shall have the necessary supporting documents that shall show the proposed amount and location of all excavation, the amount of blasting that will be required and shall designate exactly where and in what manner all said material or unused byproduct material shall be deposited or stored.
[Code of Bylaws, § 14-21, § 3; 6-23-2020 ATM by Art. 33]
The earth removal board may exempt the following earth removal or importation operations from the provisions of this chapter after the applicant has filed a statement with the earth removal board that the operation falls into one of the following categories and states the amount to be removed:
(a) 
Earth removal or importation operations for any municipal or state purpose by or on behalf of the town of Millbury or any department or agency thereof of the Massachusetts Highway Department.
(b) 
Earth removal or importation operations in connection with the construction or improvement of a private way, including laying of municipal water lines.
(c) 
Excavating for swimming pools, basements, replacement of wells and septic systems.
(d) 
Where a special earth removal permit has been granted under Section 42 of the Millbury zoning bylaw, it shall remain in effect until the expiration date, at which time the applicant will have to reapply according to this chapter.
(e) 
Earth removal operations which are customarily incidental to farming, agriculture, gardening or nursery operations.
[Code of Bylaws, § 14-21, § 4; 6-23-2020 ATM by Art. 33]
(a) 
Except in areas where terracing is used, when excavation is necessary, grading shall be done in such a way that the resulting contours follow smooth natural curves that conform to the curves of the surrounding landscape. Straight or angular slopes or cuts which interrupt natural topography shall not normally be allowed.
(b) 
The developer shall control erosion and sedimentation during construction. All slopes resulting from grading of street and sidewalks shall not exceed one foot vertical to three feet horizontal in fill; one foot to two feet cut; and one foot to three-quarter foot in ledge. Slope easements or retaining walls shall be employed where slopes cannot be contained within street sidelines.
(c) 
The entire area, except exposed ledge rock or roadways, shall be covered by no less than six inches of topsoil and shall be seeded and covered with two inches of hay mulch.
(d) 
Topsoil shall be stripped from disturbed areas and stockpiled in an approved area and stabilized with a temporary vegetative cover if left more than 15 calendar days. Perimeter sediment controls shall be installed around stockpiled topsoil.
(e) 
A construction entrance (anti-tracking pad) shall be used to minimize off-site movement of soil by vehicles. All construction access points shall be maintained to prevent tracking or flow of sediment into roadways.
(f) 
During cold weather months, when seeding and sodding may be impractical, anchored mulch shall be applied as approved.
(g) 
There shall be no adverse impacts to abutting properties from any change in volume of storm water runoff resulting from earth removal including erosion, silting, flooding, sedimentation or impacts to wetlands, ground water resources or wells.
(h) 
No area shall be excavated so as to allow the accumulation of freestanding water, other than as shown on plans as a detention/retention area.
(i) 
Any blasting material used will not contain perchlorate.
(j) 
A plan will be submitted for controlling dust and erosion of soil. Use of chlorides for dust control shall be prohibited within the aquifer and watershed protection overlay District (as per Section 47 of the Millbury zoning bylaw).
(k) 
All loaded vehicles shall be suitably covered so as to prevent contents from spilling or blowing from the load. Any spillage that may occur on a public way is the responsibility of the permit holder, and shall be removed promptly, upon notification of same, by the Millbury department of public works. If, for reasons of safety, it becomes necessary for the town to clean up and remove such spillage, the cost shall be charged to the permit holder and shall be assessed as a lien against the performance bond.
(l) 
Earth removal and importation will be permitted Monday through Friday from 7:00 a.m. to 5:00 p.m. and on Saturdays from 8:00 a.m. to 4:00 p.m.
[Code of Bylaws, § 14-21, § 5; 6-23-2020 ATM by Art. 33]
The application for a permit under this chapter shall be accompanied by a plan showing all natural and man-made features, including wetlands, watercourses, 100-year floodplain, property lines, names and addresses of all abutters if available from the assessors, including those across any street or way, topography at two-foot contour level of the site and all land within 100 feet of the area of activity together with any grades below or above which finish surface will now lie, and the proposed cover vegetation and trees. Applications for an importation operation shall identify the locations of earth material origin, the receiving locations, and the composition of the imported earth material. The application shall include a description of the proposed activity.
[Code of Bylaws, § 14-21, § 6; Bylaws Art. 24, 5-1-2007; 6-23-2020 ATM by Art. 33]
The earth removal board will establish reasonable fees for making an application under this chapter as well as fees to cover any expenses that may arise. Upon receipt of an application for a removal permit, the earth removal 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 14 days before such hearing. A public hearing shall be held within 35 days of receipt of a properly submitted application. Following the close of the hearing, the earth removal board shall allow 21 days to elapse before filing the decision with the town clerk. A majority vote of the earth removal is necessary to render a decision. Two subsequent annual renewal permits may be granted by the earth removal board without a public hearing; however, a renewal application fee will be required.
[Code of Bylaws, § 14-21, § 7; 6-23-2020 ATM by Art. 33]
(a) 
The earth removal board may set conditions, in addition to the above, including but not limited to the duration of the permit, the hours of day during which removal or relocation or importation may take place, the vegetation to be planted, and routes in town used by vehicles associated with the operation.
(b) 
Throughout the length of any importation operation, the operator shall keep the earth removal board apprised of the composition of the imported earth material.
(c) 
Should an operator seek an Administrative Consent Order (ACO) from the Massachusetts Department of Environmental Protection to use or deposit earth or fill materials in the town, the town reserves all rights to impose additional requirements upon the operator to assure mitigation of all impacts or effects of the activities undertaken pursuant to such ACO.
(d) 
Permits issued under this chapter shall lapse after 12 months, subject to renewals by the earth removal board.
(e) 
The earth removal board may, by a majority vote, where such action is allowable by law in the public interest, and not inconsistent with the purpose and intent of this chapter, waive strict compliance with any requirements of this chapter and its rules and regulations.
[Code of Bylaws, § 14-21, § 8; 6-23-2020 ATM by Art. 33]
(a) 
As a condition of the granting of a permit and before any operations commence, the earth removal board shall require security of a cash deposit, bond, or similar financial surety acceptable to the earth removal board, in an amount deemed sufficient, in the opinion of the earth removal board, to ensure compliance with the terms, conditions, limitations and safeguards of such permit and such regulations and to indemnify the town for any harm to any public well, road, wetland or other resource caused by such operations, the equipment used on the premises or by ancillary activities.
(b) 
The earth removal board may waive or reduce the financial surety requirements, but no such financial surety shall be released until the operator has complied with the conditions of approval and this chapter. The earth removal board shall act on a requested release of the financial surety within 65 days of submission of the operator for such release.
[6-23-2020 ATM by Art. 33]
The following activities and uses are prohibited:
(a) 
The importation of earth materials whose quality would either meet Federal or State criteria for definition as being toxic, reactive, radioactive, corrosive, explosive, hazardous, infectious, oil-impacted, or as a hazardous or solid waste.
(b) 
Use or importation of earth or fill containing toxic, reactive, corrosive, hazardous, infectious, or solid waste at individual concentrations, or presence by weight or volume, which would render such material a regulated substance or material subject to M.G.L. c 21E or as a Solid Waste as defined in the regulations promulgated by the Massachusetts Department of Environmental Protection as 310 Code of Massachusetts Regulations (CMR) 19.00.
(c) 
Use or importation of earth or fill at any location not otherwise regulated or permitted for acceptance of earth materials containing toxic, reactive, radioactive, corrosive, hazardous, infectious, oil, solid waste, or metals when such fill materials contain concentrations of these substances less than regulatory criteria established for reporting or special handling purposes but with one or more significantly greater concentrations by weight or volume than existing, pre-fill concentrations.
(d) 
Transport of earth or fill materials in a manner which is prone to release the same during transport.
(e) 
Use of earth or fill materials in a manner which renders the fill area structurally unstable, produces uncontrolled leachate or off-gases, creates nuisance conditions, creates uncontrolled stormwater run-off, siltation, or visually apparent erosion of fill materials, or where finished fill grading slopes are not properly stabilized.
(f) 
Construction of permanent structures over or adjacent to areas of fill unless the fill material is structurally stable and free of emissions or other hazardous criteria relative to permanent building construction and use.
(g) 
Use of fill material which may cause chemical or physical impact to off-site groundwater, surface water, or wetland resource areas without a specific Soil Management Plan and field procedures designed to prevent degradation of these natural resources. This prohibited use specifically includes, but is not containing nutrient or salt concentrations at significantly greater concentrations than pre-existing soil conditions on the site.
[Code of Bylaws, § 14-21, § 9; Bylaws Art. 68, 5-2-2006]
This chapter shall not interfere or annul any zoning bylaw or other regulation which is more restrictive. Where this chapter is more restrictive, it shall control. Adherence to subdivision rules and regulations shall also be required when dealing with subdivisions.