[Amended 4-1-2023]
Before granting a special permit for land removal or filling, the Planning Board must find all of the following purposes and criteria are met:[1]
A. 
Minimize negative impact on the area. The proposed use protects adjoining premises against seriously detrimental uses. If applicable, this shall include provision for surface water drainage, sound and sight buffers and preservation of views, light, and air;
B. 
Protect the public safety. The proposed use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, and minimize traffic impacts on the streets and roads in the area. If applicable, this shall include considering the location of driveway openings in relation to traffic and adjacent streets, access by emergency vehicles, the arrangement of parking and loading spaces, and provisions for persons with disabilities;
C. 
Protect the natural landscape. The proposed use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area;
D. 
Protect the Town's resources. The proposed use will not overload, and will mitigate adverse impacts on, the Town's resources, including the effect on the Town's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools; and
E. 
Be harmonious with area. The use will not unduly impair the integrity of character of the immediate area or adjoining areas, nor be detrimental to the health or general welfare.
[1]
Editor's Note: See also Ch. 188, Earth Removal, § 188-1.
A. 
Special permits with site plan for land removal and filling authorized by the Planning Board shall be granted for the purposes of this article only after application to the Rockport Planning Board for a site plan special permit, and a hearing by the Planning Board and shall be subject to the provisions of this by-law.
B. 
Application for a special permit with site plan shall be made to the Planning Board on forms provided for that purpose, accompanied by the required fee. A special permit with site plan is required for removal of more than 300 cubic yards of earth material and filling of more than 300 cubic yards of clean fill. Regulations governing the application and fee shall be adopted by Planning Board.
C. 
Special permits with site plan shall only be issued following public hearings held within 65 days of filing of a completed application. The hearing for a special permit with site plan for land removal or filling may be heard at the same time as and under the same public notice requirements of a site plan.
D. 
After a public hearing held in compliance with MGL c. 40A, § 11, the Planning Board shall set regulations for the removal of earth materials that define required setbacks for activities from abutting property lines and the maximum period for which the permit will be in effect. Permits may be revoked by the Planning Board for noncompliance with the permit requirements.
Clean fill contains no garbage, refuse, rubbish, industrial or commercial or municipal fill or waste, demolition debris, septic sludge, lumber, wood, stumps, roots (greater than four inches in diameter), plaster, wire, pipes, laths, paper, cardboard, glass, metal, tires, ashes, asphalt, concrete, appliances, motor vehicles or parts of any of the foregoing. No fill containing levels of oil or hazardous materials above GW-1/S-1 Method 1 Standards, as described in the Massachusetts Contingency Plan (MCP) environmental regulations, as revised, will be allowed.
[Amended 9-8-2025 FTM by Art. I]
A. 
Special permit with site plan required. All removal of topsoil, sod, loam, humus, clay, sand, gravel, quarry, turf, ledge, stone or other earth materials, other than that which is incidental to and in connection with the construction of a building for which a permit has been issued in accordance with the Rockport Zoning By-law and the Rockport General By-laws, that is intended to either disturb 10,000 square feet or more of land surface or intended to remove 300 cubic yards or more of material as listed above from its undisturbed location, or intends to remove and process and treat raw materials, is required to apply for a special permit with site plan.
B. 
Projects exempt from special permit with site plan for removal of earth materials.
(1) 
Any existing sand or gravel removal activity operating under a permit issued prior to the date of adoption of this by-law may continue until the expiration of the permit, except that any expansion or change in operation not covered by such permit shall require conformance with the above regulations.
(2) 
Any project that does not exceed the threshold in § 400-74A above.
(3) 
The removal of less than 300 cubic yards of material in the aggregate at any point over a three-year span from any one lot.
(4) 
The transfer of less than 100 cubic yards of material from one part of a lot to another part of the same lot within 300 feet of the source of the material.
(5) 
The removal of material necessarily excavated in connection with a permitted or otherwise officially approved construction of a building, structure, street or driveway of less than 10,000 square feet in area, sidewalk, path or other appurtenance, provided the quantity of material removed does not exceed that actually displaced by the portion of such building, structure, street, driveway, sidewalk, path or other appurtenances below finished grade.
(6) 
When such removal or placement is in accordance with the terms of an order of conditions or determination of applicability issued by the Conservation Commission pursuant to MGL c. 131, § 40.
(7) 
When placement is for landscaping, agricultural, or gardening purposes and the material to be placed consists of peat moss, tree bark, wood chips, or other vegetative mulch, loam, or crushed stone or gravel in a walkway, driveway, garden, or parking area.
C. 
Restrictions to be incorporated into the special permit.
(1) 
No excavation, quarry, bank or work face in an area of unstable material extending under original ground level shall create a slope of more than one vertical to two horizontal. Quarries in stable solid rock may have a slope of a steeper grade. The special permit with site plan may require the installation of a fence if the location and slope pose a danger to public safety.
(2) 
Removal operation must comply with Chapter 293, Stormwater Management, of the General By-laws. Adequate provision for drainage must be made both during and after the completion of operations.
(3) 
All operations shall be conducted in such a manner so as to comply with the laws of the Commonwealth of Massachusetts regulating water pollution and air pollution.
(4) 
Hours of operation shall be designated by the Planning Board in issuing the site plan special permit.
D. 
Required information for the site plan to be submitted. In addition to other requirements for site plan review in Article XIV of the Rockport Zoning By-law, the following provisions are required for the removal areas. The required plans and application information shall be prepared by a registered professional engineer or a registered land surveyor, with the following additional information:
(1) 
The location and description of water supply, wells, and sanitary sewerage systems and temporary and permanent drainage systems for the site and within 100 feet of the site.
(2) 
Topographic mapping showing existing contours at intervals of not more than two feet and contours of finished grade after the conclusion of the operation. The mapping shall also show the grades below which no excavation shall take place.
(3) 
The site plan must include the areas where at least four inches of topsoil will be applied over all excavated, filled, or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization.
(4) 
Submission of plan for lighting if night operation or security lighting is contemplated.
(5) 
The relocations of existing and future buildings and operations machinery to the removal areas.
(6) 
Delineation of the existing removal areas and the proposed area for removal in the immediate future.
(7) 
Locations of any proposed substantial fence enclosing the excavation or quarry where it is deemed to be necessary for public safety.
E. 
Required restoration. Forthwith, following expiration or revocation of a permit or upon voluntary cessation of operations:
(1) 
All land shall be graded, leaving no slopes in excess of one foot vertical to two feet horizontal; surface drainage shall be provided for. The applicant shall bury or dispose of boulders and stumps; and shall cover the area with not less than four inches of topsoil, with the exception of exposed ledge rock; and shall seed the area with cover vegetation of a perennial cover crop, which shall be established prior to release of the bond.
(2) 
Stockpiling. Topsoil stripped and stockpiled in preparation for construction or for earth removal shall be restored to its original distribution within 18 months of such stripping unless a valid building permit or earth removal permit is in force.
(3) 
Restoration will be complied with within six months of expiration of the building permit or issuance of a certificate of occupancy, or within one year of issuance of a special permit.
(4) 
The bond shall not be released until sufficient time has elapsed for the Planning Board or its agent to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory.
F. 
Performance guarantee. The Planning Board shall require a surety bond signed by a surety company authorized to do business in the Commonwealth of Massachusetts, or other acceptable performance security, in an amount approved by the Board as sufficient to guarantee conformity with the provisions of the permit issued hereunder.
(1) 
The Planning Board may require the permittee to post, before the start of land removal, a surety bond, irrevocable letter of credit, cash, or other acceptable security as performance guarantee, to be in an amount deemed sufficient by the Planning Board to insure that the work will be completed in accordance with the permit. If the project is phased, the permit authority may release part of the bond as each phase is completed in compliance with the permit, but the bond may not be fully released until the Planning Board has received the final report as required by this article and has issued a certificate of completion.
(2) 
The Land Removal and Filling-In Rules and Regulations prepared by the Planning Board and implemented after a public hearing consistent MGL c. 40A, § 11, shall establish reasonable criteria for assessing the performance guarantee.
G. 
Renewal of permit. For a continuation of an operation beyond a period designated in the initial permit, a new application must be granted in the same manner as for the initial permit except that the Planning Board may waive requirements for submittal of materials required by this section. The waiver must be granted in writing by the Board to the applicant. All other provisions relating to operational standards and permit procedures shall apply.
A. 
For the filling-in of any land area which is not exempted in Subsection B(2) below, no such filling-in of land shall proceed without first securing a special permit with site plan, according to the regulations adopted by the Planning Board in accordance with § 400-72 of this by-law, and procedures set forth in this by-law, subject to the provisions contained herein.
B. 
A special permit with site plan for filling-in shall be issued only for clean fill as defined in § 400-73. No other fill materials will be permitted in fill in the Town of Rockport.
(1) 
Threshold for projects requiring a permit.
(a) 
A filling-in operation which exceeds a total of 300 cubic yards of material.
(b) 
A filling-in operation which exceeds a total area of 10,000 square feet on any lot, land parcel or subdivision thereof.
(c) 
Any filling on private ways within the Town of Rockport which exceeds a total of 100 cubic yards of material or which exceeds a total area of 1,000 square feet of area of the way.
(2) 
Projects exempt from special permit with site plan. The filling-in of any land area shall be exempt from this section, provided any of the following conditions are fully complied with:
(a) 
A filling-in operation which is associated with acceptable agricultural land management practices, including, but not limited to, plowing and construction of agricultural structures; nursery operations, such as the removal and/or transplanting of cultivated sod, shrubs, and trees; logging operations; filling with leaves, manure, and composted material.
(b) 
Filling-in operations necessary in connection with permitted or approved construction of a building, structure, street, driveway, sidewalk, path or other appurtenance that has already received review and approval as subdivision, site plan, or special permit under the Rockport Zoning By-law or Subdivision Regulations.
(c) 
Filling-in as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided that the aggregate of areas affected does not exceed 10,000 square feet, the constructed grade change does not exceed 12 inches at any point and does not alter the drainage patterns, and the filling-in does not involve a quantity of material in excess of 300 cubic yards.
(3) 
New permit required on expiration. For a continuation of an operation beyond a period designated in the initial permit, a new application must be made and a new Special Permit must be granted in the same manner as for the initial permit except that the Planning Board may waive requirements for submittal of documents required by this article. All other provisions relating to operational standards and permit procedures shall apply to the extension also. A separate permit shall be required for each separate non-contiguous site and for any expansion on the same site.
(4) 
Required site plan. A site plan shall be filed with the Planning Board for any land which is to be filled and is not exempted under the provisions of this article of the Rockport Zoning By-law. Site plans for fill areas shall be prepared by a registered professional engineer or a registered land surveyor in accordance with this article and Article XIV of the Rockport Zoning By-law. In addition to the requirements of Article XIV of the Rockport Zoning By-law, site plans must include the following for the site to be filled and the area within 100 feet of the site to be filled:
(a) 
The premises and surrounding area within 100 feet showing the area to be filled in, property lines within which the filling is proposed, existing and proposed contour lines at intervals of not more than two feet resulting from the proposed filling-in, in relation to the topography of the premises.
(b) 
The location of any buildings, structures, utilities, sewers, wells, water and storm drains within 100 feet of the site.
(c) 
A certification of the quantity and type of fill involved by submission of the applicant, and a description of the fill to be provided. Only clean fill may be used for fill.
(d) 
Detailed plans of all temporary and permanent drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sedimentation control measures and all other protective measures and devices utilized or constructed in connection with the area to be filled.
(e) 
A schedule and sequence indicating the anticipated starting and completion dates.
(f) 
A plan for lighting if night operation is contemplated or for nighttime security.
(g) 
Other plans, drawings or materials as may be required by the Planning Board or by Article XIV of the Zoning By-law, and plans adequate to show compliance with all of the conditions described in Subsection B(5) below.
(h) 
A plan showing how the restoration of the filled area will be completed to meet the requirements of this by-law.
(5) 
Conditions for the filling-in. For any operation subject to the provision of § 400-75A of this by-law, the following conditions shall govern:
(a) 
Provision shall be made for adequate temporary and permanent drainage of the site consistent with the requirements of Chapter 293, Stormwater Management, or a stormwater permit.
(b) 
Fills shall be limited to terrace fills which are not to exceed 10 feet at any one time nor be within 10 feet of an adjacent property line or cut.
(c) 
Regrading of all or parts of the slopes resulting from such fill shall be carried out.
(d) 
At least four inches of topsoil shall be replaced over all filled or otherwise disturbed surfaces, seeded or sodded with a perennial cover crop, and reseeded or resodded as necessary to assure uniform growth and soil surface stabilization.
(e) 
The Planning Board may require temporary fencing six feet in height with suitable gates protecting the filled area if it is needed for public safety. This may be needed where any fill will have a depth of 10 feet or more and create a slope of more than one vertical to two horizontal. Such fence shall be located 10 feet or more from the edge of the fill.
(f) 
Documentation shall be submitted by the applicant as to the effect of such filling-in activities on drainage, both within the immediate area and sufficiently far downstream to encompass all the area potentially impacted, at the sole discretion of the Planning Board.
(g) 
No final slopes shall exceed a slope of more than one foot vertical to two feet horizontal.
(h) 
No filling-in of land shall cause or permit any earth material or water or liquid to be deposited upon or to roll or flow over the premises of another without the written consent of the owner of such premises so affected; nor shall any filling-in of land cause or permit any earth material or water or liquid to be deposited or to roll, flow, or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, or right-of-way, or public property.
(i) 
Such other conditions as may be deemed necessary and reasonable shall be imposed by the Planning Board in order to prevent damage to public or private property or any sewer, storm drain, or watercourse, or to prevent the filling-in of land from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance.