[HISTORY: Adopted by the Annual Town Meeting
of the Town of Groton 3-18-1963 by Art. 24; amended in its entirety 11-19-1984 STM by Art. 20. Subsequent
amendments noted where applicable.]
[Amended 1-11-1988 STM, Art. 15]
The removal of soil, loam, sand, gravel or other
earth materials from land located within the Residential-Agricultural,
Residential-Business, Conservancy or Official Open-Space Districts,
as defined in the Zoning Bylaw and shown on the Zoning Map of the
Town of Groton, as from time to time amended,[1] is expressly prohibited subject to the following exceptions:
[Amended 1-11-1988 STM, Art. 15]
If the removal of soil, loam, sand or gravel
or other earth removal from land located within the Residential-Agricultural,
Residential-Business, Conservancy or Official Open-Space District,
as defined in the Zoning Bylaw and shown on the Zoning Map of the
Town of Groton, as from time to time amended,[1] is authorized or provided by law, such removal shall be subject to the standards, procedures and requirements of §§ 134-4 through 134-9 hereof; provided, however, that provisions of those sections shall not apply to removals conducted under § 134-1B or 134-3A.
A.
The removal of soil, loam, sand, gravel or other earth
materials from land located within the Business or Manufacturing-Industrial
District, as defined in the Zoning Bylaw and shown on the Zoning Map
of the Town of Groton, as from time to time amended,[1] may be allowed by the issuance of a permit by the Select Board, subject, however, to the standards, procedures and requirements set forth in §§ 134-4 through 134-9 hereof.
[Amended 10-1-2018 ATM
by Art. 14]
B.
Existing operations. Permits for the removal of soil,
loam, sand, gravel or other earth material from any parcel of land
not in public use by operations in existence at the time of adoption
of the original Earth Removal Bylaw of the Town of Groton by vote
of the Town on March 18, 1963, and carried on continuously and legally
under said bylaw, as amended from time to time, shall be issued subject
to and in compliance with the following conditions:
(1)
That no area shall be excavated so as to allow the
accumulation of freestanding water.
(2)
That no final finished slope shall be greater than
a gradient of 30°.
(3)
That such earth-removal shall be governed by earth
removal regulations as may be promulgated from time to time by the
Select Board.
[Amended 10-1-2018 ATM
by Art. 14]
[Amended 4-3-2007 ATM, Art. 24; 10-1-2018 ATM by Art. 14; ]
A.
Applications and fees. Written application must be
made to the Select Board upon a form approved by it and the payment
of a reasonable filing fee established by it to be adequate to defray
the costs to the Town of such application, its administration, review
and evaluation and the giving of notice of the public hearing. Such
application shall include but not be limited to a removal plan for
the entire area of proposed removal, including possible future applications,
and a restoration plan approved by the Planning Board regarding appropriateness
of future land use and compatibility of the restoration plan with
that future use.
B.
Public hearing. The Select Board shall fix a reasonable
time for a hearing upon such application and shall cause the notice
of the time and place thereof and of the subject matter, sufficient
for identification, to be published in a newspaper of general circulation
in the Town once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing, and shall
also send notice thereof by registered or certified mail, at least
10 days before the day of the hearing, to the petitioner, to the owners
of all land abutting the parcel as to which such permit is sought,
including land across any public or private street or way or any body
of water or watercourse from such parcel, as they appear on the most
recent tax list, to the Earth Removal-Stormwater Advisory Committee,
to the Planning Board, to the Conservation Commission and to all other
persons and agencies deemed by the Board to be affected thereby. At
the hearing, any party, whether entitled to notice thereof or not,
may appear in person or by agent or by attorney.
[Amended 10-1-2018 ATM
by Art. 14]
No permit may allow removal from a parcel of more than five acres in size; or be in force for a period in excess of two years, but this provision shall not be deemed to prohibit extensions of time, upon written application and after public hearing, notice of which has been given in accordance with the foregoing provisions, provided that no such extension shall be for a period in excess of two years; or be modified, except upon written application and after a public hearing, in accordance with § 134-4 above. The concurring vote of all members of the Select Board shall be necessary for the issuance of a permit.
[Amended 10-1-2018 ATM
by Art. 14]
The Select Board may issue a permit for the
removal of earth materials from those areas of the Town hereinbefore
authorized, provided that the Board makes the following findings:
A.
That such removal will not adversely affect the quality
of ground- or surface water or the natural or engineered drainage
in the Town.
B.
That such removal will not create unreasonable or
excessive noise, dust, fumes, pollution or other effects which are
detrimental to the public health, safety and welfare or to the neighborhood.
C.
That such removal operations will be conducted so
as to minimize the area devoid of vegetation at all times and that
such removal will not create an area with insufficient vegetative
cover to prevent erosion of or further damage to the land.
D.
That such removal will be consistent with the subsequent
use of the land as specified in the application and as approved by
the Planning Board.
[Amended 10-1-2018 ATM
by Art. 14]
As part of and as set forth in any such permit,
the Select Board shall impose such reasonable restrictions and conditions
on the exercise of the permit as it deems to be in the public interest,
including but not limited to:
A.
The extent of the time of the excavation.
B.
The extent of the area and depth of the excavation.
C.
The hours of operation.
D.
The distance of the excavation from street and lot
lines.
E.
The type and location of temporary structures.
F.
The reestablishment of ground levels and grades.
G.
The provisions for temporary and permanent drainage.
H.
The steepness of slopes excavated.
I.
The disposition of boulders, tree stumps and other
debris.
J.
The routes for transporting the material through the
Town.
K.
The replacement of loam over the area of removal.
L.
The planting of the area with suitable cover.
M.
The proper screening of the area from public ways.
N.
The handling, storage and/or disposal of hazardous
or toxic substances on the premises.
O.
The inspection of the premises at any time by the
Board or its representatives.
[Amended 10-1-2018 ATM
by Art. 14]
The Select Board shall adopt rules and regulations
not inconsistent with the provisions of this chapter for conducting
its business and otherwise carrying out the purposes of this chapter.
[Amended 10-1-2018 ATM
by Art. 14]
The Select Board shall require a surety and
performance bond, cash or other adequate security to insure 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 removal,
the removal operations, the equipment used on the premises or by ancillary
activities.
[Added 1-11-1988 STM, Art 15]
No permit for the removal of soil, loam, sand or gravel or other earth removal shall become effective until its issuance has been approved by a two-thirds vote at an Annual or Special Town Meeting. This provision shall not apply to removals conducted under § 134-1B or 134-3A or to extensions of time or renewals of existing permits under the provisions of § 134-5.
[Amended 10-1-2018 ATM
by Art. 14]
This chapter shall not apply to the removal
of soil, loam, sand, gravel or other earth material incidental to
and reasonably required in connection with the construction of any
building and appurtenant walk or driveway for which a permit has been
granted by the Select Board or other licensing body or the construction
of a street that has been approved by the Planning Board, provided
that the quantity of material removed does not exceed that displaced
by the portion of building, walk, driveway, street or similar appurtenance
below finished grade, or to removal in the course of customary use
of the land for a farm, garden or nursery. The above exemptions do
not cover removal of earth materials from the premises involving topographical
changes or soil-stripping or loam-stripping activities, nor shall
the tentative or final approval of a subdivision plan be construed
as authorizing the removal of earth material from the premises, even
though in connection with the construction of streets as shown on
the plan.
[Amended 4-3-2007 ATM, Art. 24; 10-1-2018 ATM by Art. 14]
The Earth Removal-Stormwater Advisory Committee
(hereinafter referred to as the "Committee") shall be constituted
and shall have the following powers and duties:
A.
The Committee shall consist of five members, all residents
of the Town. one member shall be chosen annually by and from the Planning
Board to serve a one-year term. one member shall be chosen by and
from the Conservation Commission to serve a one-year term. Three members
shall be appointed initially for one, two and three years, respectively,
and as their terms expire their successors shall be appointed for
terms of three years. The terms of the members appointed by the Select
Board shall begin and end at the Annual Town Meeting nearest to the
date of their appointment and the third anniversary thereof, respectively.
Any member may be appointed to succeed himself.
B.
The Committee shall file with the Select Board a written
report, with recommendations, at or within 21 days of each hearing
held pursuant to the provisions of this chapter, and no such permit
may be granted until such report has been so filed or until such Committee
has allowed 21 days to elapse after such hearing without filing a
report.
C.
The Committee shall from time to time file such reports
relating to earth removal as the Select Board may require or as the
Committee shall deem necessary or desirable.
The Board may revoke or suspend at any time
any permit issued hereunder for violation of any provisions or conditions
of this chapter. Penalties for violation of any provision or conditions
of this chapter shall be provided under MGL C. 40, § 21,
Clause 17.
This chapter shall take effect upon its approval
by the Attorney General, as provided by law.
Nothing in this chapter shall be construed as
repealing or modifying any existing Town bylaw, rule or regulation
but shall be in addition thereto.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
