[HISTORY: Adopted by the Town of Georgetown 3-1-1965
Annual Town Meeting, Art. 32; amended in its entirety 6-10-2002
Annual Town Meeting, Art. 18. Subsequent amendments noted where applicable.]
Importation, excavation, removal, stripping or mining of any earth material
except as hereinafter permitted on any parcel of land not in public use in
Georgetown is prohibited.
As used in this chapter, the following terms shall have the meanings
indicated:
Planning Board.
Shall include soil, loam, sand, gravel, clay, peat, rock, or other
similar matter.
The bringing in of earth materials. Earth materials may not be imported
into the Town of Georgetown if they are contaminated according to M.G.L. c.
21E and the Massachusetts Contingency Plan (the MCP, 310 CMR 40.0000, et seq.)
The excavations, removal, stripping, or mining of any earth material
on any site within the Town of Georgetown.
A.
Subdivision street. An earth removal and importation
permit is not requited for any earth removal and importation undertaken in
connection with the construction of streets in a subdivision approved by the
Board. Whenever and wherever possible, cuts and fills associated with the
construction of such streets shall be balanced to minimize movement of materials
on or off the right-of-way.
B.
Subdivision lot. An earth removal and importation permit
is not required for earth removal and importation associated with the preparation
of lots in a subdivision approved by the Board. Removal may take place only
after the issuance of a building permit by the Building Inspector.
C.
Site plan approval, special permits. An earth removal
and importation permit is not required for earth removal and importation as
may be required in connection with the preparation of a site approved by the
Board for site plan approval or an independent senior housing project or other
special permit issued by the Board such as for a common driveway.
D.
Minimal transit. An earth removal and importation permit
is not required for the removal of less than 50 cubic yards of earth materials
or the importing of less than 100 cubic yards on any one lot of record during
any twelve-month period.
A.
A miscellaneous earth removal and importation permit
is required from the Building Inspector for the removal of earth materials
in quantities in excess of 50 cubic yards but less than 1,000 cubic yards
and the importation of earth materials in quantities greater than 100 cubic
yards but less than 500 cubic yards, and clearly incidental to the construction
of a structure and indicated on plans submitted for a building permit.
B.
Where earth materials are to be removed or imported in
connection with the preparation of a specific site for building, removal may
take place only after the issuance of a building permit by the Building Inspector.
Removal will be allowed only from the area for the building, driveways, parking
areas, and from areas where the Board of Health specifically requires removal
in connection with septic systems.
A.
An earth removal and importation permit is required for
the removal of earth materials in excess of 1,000 cubic yards and the importation
of earth materials in quantities greater than 500 cubic yards.
B.
An earth removal and importation permit is required for
the removal of earth materials in excess of 50 cubic yards and the importation
of earth materials in quantities greater than 100 cubic yards that is not
clearly incidental to the construction of a structure and indicated on plans
submitted for a building permit and not in the area for the buildings, driveways,
parking areas, and from areas where the Board of Health specifically requires
removal in connection with septic systems.
C.
An earth removal and importation permit is required for
the removal and the importation of earth materials not covered under the above
sections of this Earth Removal and Importation Bylaw.
A.
Miscellaneous earth removal and importation permit. Applications for a miscellaneous earth removal and importation permit under § 49-4 of this bylaw will be made directly to the Building Inspector as part of the building permit application process. The Building Inspector may impose and set forth in the permit such restrictions and conditions as deemed reasonable and in the public interest, including but not limited to the conditions set forth in this Earth Removal and Importation Bylaw.
B.
Earth removal and importation permit. Applications for an earth removal and importation permit under § 49-5 of this bylaw require the following information and plans to be submitted to the Planning Board, with a copy to the Town Clerk:
(1)
Application form and list of abutters including the owners
of land directly opposite any public or private street or way and the abutters
to the abutters within 300 feet of the property line as they appear on the
most recent applicable tax list.
(2)
A plan or plans to scale (one inch equals 40 feet), prepared
and stamped by a registered professional engineer, showing:
(a)
Existing topography based upon a current survey showing
two-foot contour intervals. Elevations should be related to NGVD-MSL 1929
datum.
(b)
A topographical map showing final grades at two-foot
contour intervals, grading, and drainage facilities after restoration of the
site.
(c)
All trees over 12 inches in diameter as measured four
feet above natural ground.
(d)
All maps of the site must indicate all property lines,
roadways, bodies of water or public easements within 250 feet of the boundaries
of the property on which the proposed removal site is to be located.
(e)
A log of soil borings/observation holes certified by
a registered professional engineer taken to refusal depth or 60 feet, whichever
occurs first. The estimated seasonal high water table shall be determined
at each boring/observation hole. At least one boring must be taken on each
acre of the property that is the subject of the permit and the location of
same shown on the plan(s).
(3)
Estimated number of truckloads and proposed routes.
(4)
Purpose for which the materials are to be removed/imported
and the location of the site on which the earth removal and importation will
be conducted.
(5)
Existing and proposed drainage provisions; stormwater
management plan.
(6)
Restoration plans including final grades, the depth of
topsoil to be replaced and planting plan. Contour grading and conditioning
of the land after operations are completed, including the planting of the
area to suitable cover, and the reestablishment of ground levels and grades.
(7)
Stockpile locations.
(8)
Soil erosion and sediment control plan (including dust
control).
(9)
For removal. Quantity and composition of materials to
be removed. All calculations pertaining to the quantity of earth materials
involved shall be prepared and certified by a registered professional engineer.
C.
For importation. Quantity and composition of materials
to be imported. All calculations pertaining to the quantity of earth materials
involved shall be prepared and certified by a registered professional engineer.
The applicant must certify that the soil is not contaminated according to
MGL c. 21E and the Massachusetts Contingency Plan (the MCP, 310 CMR 40.0000,
et seq. prior to depositing earth materials on land. The point of origin of
the earth materials must also be provided.
A.
An earth removal and importation permit may not be issued
until a public hearing is held. The public hearing must be held within 65
days from the date that the application is filed with the Planning Board and
the Town Clerk.
B.
Notice of the public hearing must include the name of
the applicant; a description of the area or premises; the date, time, and
place of hearing; the subject matter of the hearing; and the nature of the
action requested.
C.
The notice of the hearing shall be published in a newspaper of general circulation in the Town once in each of two successive weeks, the first notice to be published not less than fourteen days before the date of the hearing; posted in a conspicuous place in Town Hall for a period of not less than fourteen days before the date of the hearing; and mailed to abutters as shown on the list required to be submitted with the application, pursuant to § 49-6B(1), above.
D.
Within 60 days or any extended time by a vote of the
Planning Board following the closing of the public hearing the Board shall
take final action. If the Board fails to take final action within the sixty-day
or extended time limit, the earth removal and importation permit is deemed
granted. Final action shall consist of filing a written decision with the
Town Clerk.
Before granting the earth removal and importation permit, the Board
shall consider the effects on adjacent properties and streets resulting from
the earth removal and importation activities and may impose and set forth
in the permit such restrictions and conditions as deemed reasonable and in
the public interest, including but not limited to the following:
A.
Method of removal.
B.
Day(s) and time(s) of operation.
C.
Type of machinery to be used.
D.
Limitation of area to be excavated and/or filled.
E.
Clearance of brush.
F.
Erosion and dust control.
G.
Watershed areas.
H.
Water table protection.
I.
Drainage including the placing and sizing of culverts,
sedimentation basins, swales, other.
J.
Routes of travel.
K.
The grades of slopes.
L.
The proximity to any public way.
A.
Disposition of topsoil. All topsoil to be removed shall
be piled on-site for future site restoration. No topsoil shall be permitted
to be removed from the site until the site is restored according to the restoration
plan.
B.
Dust control. No earth removal and importation operation
shall create excessive amounts of dust or allow roads leading into or from
a site to become excessively dust producing. The street surfaces must be cleaned
during and following the transport of earth materials. Covers must be used
over earth material contained in vehicles involved in transporting such material.
C.
Safety and security for site during excavation. The applicant
is responsible to ensure that the area of removal/importation is safely secured
by a fence or other equivalent method of protection.
D.
Groundwater elevation. Under no circumstances will earth
materials be removed to a depth less than six feet above the estimated seasonal
high groundwater table (ESHGWT) elevation or ledge or other impervious ground
formations. ESHGWT determinations shall be made in accordance with 310 CMR
15.00 (Title V).
E.
Explosives. The use of explosives shall be done in accordance
with the regulations for storage or handling of explosives as published by
the Commonwealth of Massachusetts, including but not limited to 454 CMR 10.00
Part 19.
All restoration of the site must be completed in accordance with the
approved restoration plan within 60 days after the termination of the earth
removal project. Large-scale earth removal projects (those taking longer than
one year to complete) shall require on-going site restoration. The restoration
plan submitted with the application shall propose a specific schedule for
restoration.
The owner shall file a performance bond or deposit of money in an amount
determined by the Board to be sufficient to cover costs of all or any part
of restoring the site upon completion of work, such as removing stumps, large
boulders, general cleanup and other miscellaneous debris.
No permit issued hereafter shall be valid for more than one year from
its date of issue. No permit may be renewed or extended but a new permit may
be applied for within 45 days prior to the expiration of a previously issued
permit.
