The Earthwork Board is hereby established and shall consist of five members as follows: one member shall be appointed by the Board of Selectmen for a term of three years; one member shall be appointed by the Conservation Commission for a term of three years; one member shall be appointed by the Planning Board for a term of two years; one member shall be appointed by the Board of Appeals for a term of two years; one member shall be appointed by the Moderator for a term of one year; and thereafter as their terms of office shall expire, the members shall be appointed in like manner for terms of three years.
[HISTORY: Adopted 4-25-2011 Annual Town Meeting, Art. 34. Amendments noted where applicable.]
[Amended 4-27-2015 ATM, Art. 43]
No person, firm or corporation shall remove or import in excess of 100 cubic yards of soil, loam, sand, gravel, stone or other earth material from or to any land not in public use without first obtaining a permit therefor from the earthwork board, as provided in the following sections. A permit shall be granted only by an affirmative vote of the majority of the board.
A.
A permit shall be required under this chapter for the removal or importation 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, including apartment buildings of more than two apartment units and/or developments of more than one apartment building on any single parcel or lot of land. This requirement for an earthwork permit extends also to any material removed or imported for the installation of walks, driveways, parking lots and similar appurtenances to said commercial building or facility.
B.
Exemptions.
(1)
A permit shall not be required under this chapter for the removal or importation of soil, loam, sand, gravel, stone or other earth material in the course of excavation incidental to the construction of a residential building consisting of less than three apartments on a single parcel or lot of land for which a permit has been issued 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 appurtenances below finished grade or in the course of customary use of land for a farm, garden or nursery.
(2)
The above exemptions do not cover removal or importation 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 authorizing the removal or importation of earth material from streets shown on the subdivision plan.
(3)
A permit shall not be required under this chapter provided that a land disturbance permit has been issued for all construction activity or land disturbance that individually or as part of a common plan of development results in the disturbance of one acre (43,560 square feet) or more as required by the Northborough Town Code, General Legislation, Chapter 2-60, Stormwater Management and Land Disturbance.
[Added 4-23-2023 ATM by Art. 36]
A.
An application for an earthwork permit shall be in writing and, among other things as required by the Earthwork Board, shall contain an accurate description of the portion of land from which earth is to be removed or to which earth is to be imported, shall state fully the purpose for the removal or importation thereof and shall include plans of the land involved in such form as the Earthwork Board may require. The Earthwork Board may charge reasonable fees for making an application for earthwork. Upon receipt of an application for a permit for removal of earth from any land, the Earthwork Board shall appoint a time and place for a public hearing, notice of which shall be given to the applicant and shall be published at least 21 days before such hearing in a newspaper having a circulation in the Town.
[Amended 4-23-2023 ATM by Art. 36]
A permit for removal or importation of soil, loam, sand, gravel, stone or other earth material shall be granted only if the Earthwork Board, or in the case of land in the Industrial zoning district, the Planning Board, shall rule that such removal is neither detrimental to the neighborhood nor injurious to the recharge of the water table. The exercise of any permit granted under provisions of this chapter shall be subject to conditions, limitations and safeguards to be set forth therein by the Earthwork Board to protect the groundwater supply, 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: method of removal; type and location of temporary structures; hours of operation; routes for transporting the material through the town; area and depth of excavation; distance of excavation from street and lot lines; steepness of slopes excavated; reestablishment of ground levels and grades; provisions for permanent and temporary drainage; disposition of boulders and tree stumps; replacement of loam over the area of removal; planting of the area to suitable cover; and inspection of the premises at any time by the Earthwork Board or its representative.
[Amended 4-22-2024 ATM by Art. 48]
The Earthwork Board, or in the case of land in the Industrial zoning district, the Planning Board, may require, as a condition to the granting of a permit for the removal or importation of soil, loam, sand, gravel, stone or other earth material, that the permittee furnish cash, a certified check or a surety company bond to the town as obligee in a penal sum to be fixed by said Earthwork Board as it shall deem sufficient to cover the cost of the performance of all labor and material as shall be required to carry out all the conditions, limitations and safeguards as may be imposed by said Earthwork Board in connection with the removal or importation of the particular substances for which the permit is issued. No permit shall be issued under provisions of this chapter for a period of more than three years, though permits may be renewed upon written request by the permittee. Prior to issuing or amending any permit, the Earthwork Board shall appoint a time and place for a public hearing, notice of which shall be given to the applicant and all abutters and shall be published at least 14 days before such hearing in a newspaper having a circulation in the town.
If the Earthwork Board, or in the case of land in the Industrial zoning district, the Planning Board, shall be informed or shall have reason to believe that any provision of this chapter or any permit or condition thereunder has been, is being or is about to be violated, the Earthwork Board shall make or cause to be made an investigation of the facts, and if the Earthwork Board finds any violation, the Earthwork 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 Earthwork Board may suspend any permit it has issued or take such other action as is necessary to enforce the provisions of the chapter and/or seek penalties as provided in MGL C. 40, § 21, Clause 17. In addition to any other penalties imposed hereunder, violation of this chapter shall be punishable by a fine of $50. Each day of violation shall constitute a separate offense. If any permit is suspended, an early date shall be set by the Earthwork 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 permit granted by the Earthwork Board may be revoked for cause shown, after such public hearing. The suspension or revocation of a permit shall not relieve the permittee of his obligations thereunder, except at the discretion of the Earthwork Board.
The Earthwork Board shall record all proceedings brought under this chapter 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 chapter shall take effect upon its approval by the Attorney General and publication as provided by law; provided, however, that any continuous earthwork activities in actual legal working operation on March 1, 1969, may continue unaffected by this chapter until July 1, 1969. Permits for operation of the latter activities will be required after July 1, 1969.
If any provision of this chapter 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.