The Board of Appeals may authorize earth removal
upon the issuance of a special permit.
A. Each application for a special permit shall be accompanied
by a plan of land, at least six eight-inch by ten-inch photographs
of the area and a statement describing any fill material to be used
and where such fill would be obtained. The plan of land shall indicate
the existing grade, proposed area of fill, proposed area of cut, area
to be left as natural ground, grades below which no removal is to
take place, proposed final landscaping and permanent benchmarks.
B. All required plans shall be prepared by a registered
civil engineer and surveyor, except that the Board of Appeals may
waive this requirement, upon written request, where it is evident
that the plan is sufficiently accurate for the scope of operations
proposed and where such operations will be minor.
C. Five copies of the initial plan of land shall be prepared,
and, at the time of application to the Board of Appeals, such copies
shall be distributed to the Inspector of Buildings, Town Engineer,
Planning Board and Conservation Commission.
D. The Inspector of Buildings, Town Engineer, Planning
Board and Conservation Commission may report with recommendations
to the Board of Appeals either at or prior to the hearing on the application.
E. A final plan of land shall be prepared showing the
final grades, cross sections, location of culverts and other site
improvements and cover vegetation, trees and landscaping.
F. Three copies of the final plan shall be prepared,
one of which shall be distributed to the Inspector of Buildings and
one to the Town Engineer, who shall review the final plan and inspect
the completed site for conformity with this chapter and any terms
and conditions imposed by the Board of Appeals.
G. A performance bond in an amount determined by the
Board of Appeals shall be posted in the name of the Town assuring
satisfactory compliance with this chapter and any conditions imposed
by the Board of Appeals in the interests of safeguarding the area
and the Town against injury, assuring proper future use of the land
after operations are completed or to control the transportation of
such material through the town. Upon failure to comply and forfeiture
of the bond, moneys therefrom shall be utilized by the Town for the
purpose of fulfilling these requirements. No bond shall be released
until sufficient time has elapsed to ascertain that any filled area
has stabilized, that vegetation planted has successfully been established
and that drainage is satisfactory.
Before granting a special permit for removal,
the Board of Appeals shall give due consideration to the location
of the proposed operation, to the general character of the neighborhood
surrounding such location, to the existing topography and natural
landscape, drainage patterns, ground cover and vegetation and to the
general safety of the public on the public ways and in the vicinity
of the removal or landfill operations.
A. The Board of Appeals may set additional conditions
governing the conduct of operations, hours when trucking is permitted,
trees, screening and landscaping which shall be in writing and a part
of the permit issued.
B. A permit shall not be issued for more than one year
and may be renewed only upon application and following a public hearing.
Prior to renewal, inspection of the premises shall be made by the
Inspector of Buildings.
C. The Board of Appeals, after hearing and proof of violation
of the terms of the permit or of this chapter, shall withdraw the
permit, after which the operation shall be discontinued and the area
restored in accordance with this chapter.
Removal operations shall comply with the following
standards:
A. Removal shall not take place below a level that would
reasonably be considered a desirable grade for the later development
of the area or below the grades specified on the plan accompanying
the permit, provided that such plan has been approved or modified
in accord with the directive of the Board of Appeals.
B. During removal operations, no slope shall exceed one
foot rise to 1 1/2 feet horizontal distance or the natural angle
of repose of the material in a dry state, whichever is lower, except
in ledge rock.
C. Provision shall be made for safe drainage of water
and for prevention of wind or water erosion carrying material onto
adjoining properties.
D. Soil shall not be disturbed within 100 feet of the
boundaries of the premises, excepting at the conclusion of operations,
if required in order to improve the overall grading.
Within 10 days after the expiration or withdrawal
of a permit or upon voluntary cessation of operations or upon completion
of removal in a substantial area, that entire area shall be restored
as follows:
A. All land shall be graded so that the elevation of
any disturbed areas shall be one foot or more above the grade level
of any adjacent street or way and so that no slope exceeds a rise
of one foot vertical for each three feet of horizontal distance and
shall be graded as to safely provide for drainage without erosion.
B. All boulders larger than 1/2 cubic yard shall be removed
or buried.
C. The entire area of disturbed ground shall be covered
with not less than four inches of loam, which shall be planted with
cover vegetation adequate to prevent soil erosion, using either grasses
or ground cover, depending upon conditions.
D. Retaining walls. Where it is necessary to erect retaining
walls to guard against erosion, such retaining walls shall be no more
than 18 inches above the grade of all adjacent streets or ways, with
the filled land at least eight inches below the top of the retaining
wall.