[HISTORY: Adopted by the Town of Groton 3-18-1963, as amended
through 9-27-1993. Subsequent amendments noted where applicable.]
[Amended 10-1-2018 ATM
by Art. 14]
These regulations are adopted by the Select Board of the Town under the power granted to it by the Earth Removal Bylaw (Chapter 134 of the Code of the Town) adopted by the Town Meeting in 1963 and amended in 1967, 1968 and 1984.
[Amended 10-1-2018 ATM
by Art. 14]
These regulations are adopted for the purpose
of:
A.
Establishing the form of the written application which
must be submitted to the Select Board by persons seeking earth removal
permits, earth removal special permits or the extension of permits.
B.
Describing the conditions, limitations and safeguards
relating to earth removal activities which have been established by
the Select Board as a matter of policy, together with such further
conditions, limitations and safeguards which said Board may impose
from time to time when granting earth removal permits.
C.
Establishing procedures which will be followed by
the Select Board in giving notice of proceedings relating to applications
for earth removal permits, on holding hearings on such applications,
in entering into a binding agreement with the applicant when permission
for a specific earth removal activity is granted and for enforcing
the terms of said agreement and of the Earth Removal Bylaw.
The following terms are defined as they are
used in the Earth Removal Bylaw and in these regulations:
Soil, loam, sand, gravel or other earth material.
The process by which earth materials are removed from their
natural location, stored or stockpiled, loaded upon means of transportation
and conveyed from the earth materials site, including, without limitation,
any one or more of the following: stripping, digging, excavating,
washing, stockpiling, loading or unloading.
The location which is described in an earth removal permit
or earth removal permit application at which earth materials occur
in their natural state.
Any permit issued under the Earth Removal Bylaw by the Select
Board at any time before or after the adoption of these regulations.
[Amended 10-1-2018 ATM
by Art. 14]
The information required of or submitted by any person seeking an earth removal permit. An application under the bylaws submitted after the adoption of these regulations shall not be considered to be an application or as having been filed unless it is submitted on the form specified in § 239-5 of these regulations and is accompanied by all of the supplementary data and documents required by these regulations and by the form of application.
Any parcel of land referred to on the most recent tax list
of the Town prior to the filing of the earth removal application shall
be deemed to be a "lot" as that term is used with reference to such
application. The bounds of such "lot" shall be as shown on the Assessors'
plans upon which such tax list is based.
Includes:
In the case of a lot having frontage on a public
or private way, the lot or lots directly opposite on any such public
or private way and those lots abutting said lot or lots within 300
feet of the property line of the site shown on the application as
they appear on the most recent applicable tax list, notwithstanding
that said lot or lots are located in another city or town.
In the case of a lot having frontage on a body
of water such as a lake or pond, any other lot or lots having frontage
on said body of water which are not owned directly or indirectly by
the applicant and which are within, 2,000 feet of said lot.
In the case of a lot having frontage on a watercourse
such as a stream or river, the lot or lots directly opposite on any
such stream or river and those lots abutting said lot or lots within
300 feet of the property line of the site shown on the application
as they appear on the most recent applicable tax list, notwithstanding
that said lot or lots are located in another city or town.
The limits of any public way as shown on the layout thereof
as adopted by the Select Board, by the County Commissioners or other
public agency responsible for determining the location of such way
or, in the case of a way shown on a subdivision plan approved under
the Subdivision Control Law, the limits of such way as shown on said
plan.
[Amended 10-1-2018 ATM
by Art. 14]
B.
Each application may be accompanied by photographs
of the site and of the neighborhood.
C.
Each application shall be accompanied by separate
plans as follows:
(1)
A site plan, which shall show:
(a)
Lot lines and ownership of the earth materials
site, with notation that perimeter within 500 feet of the excavation
is to be marked on the site with blue markers.
(b)
The perimeter of the existing excavation, if
any, as of the date of the application.
(c)
The location of walls, fences, test pits, test
borings, observation wells with logs, structures and buildings, streams
and ponds and vegetated wetlands on the land, property bounds, access
roads and adjacent public and private ways, if any.
(e)
The location of dwellings and wells, if any,
on abutting land and lying within 200 feet of the property line or
500 feet of the removal site.
(f)
The location of the perimeter of the proposed
excavation, to be marked on the site with red markers.
(2)
A removal site plan, which shall show:
(a)
Topography by five-foot contours at the area
to be excavated or altered and to at least 200 feet beyond the perimeter
of that area.
(b)
Topography of existing excavation, if any.
(c)
The location and dimensions of the area from
which the removal is to take place.
(d)
The depth of removal within the area, shown
by five-foot contours, and final elevation.
(e)
Proposed lateral support to all adjacent property.
(f)
Routes for vehicular traffic, location of service
roads and entrances and exits to highways.
(g)
The location of water supply and sanitary sewerage,
if any.
(h)
Grading and structure or installations required
for temporary and permanent drainage of the area.
(i)
Existing natural features such as trees and
other vegetation to be preserved.
(j)
At least three permanent bench marks with elevations
marked thereon on Town of Groton datum.
(3)
A restoration site plan, showing:
(a)
Topography by five-foot contours of the area
of removal as restored and to at least 200 feet beyond the perimeter
of that area.
(b)
The location and method to be used in providing
permanent drainage and erosion and sediment control.
(c)
Notations as to ground cover to be provided,
including areas to be covered with topsoil to a depth of not less
than four inches and seeded or otherwise planted with trees or other
vegetation.
(d)
The location of any fences or other protective
barriers or enclosures.
(e)
The location of proposed lot lines, if any,
as shown on a preliminary or definitive subdivision plan filed with
the Planning Board of the Town of Groton.
(4)
A locus plan, United States Geological Survey 7.5
minute series (topographic).
D.
The following requirements shall be applicable to plans filed in compliance with Subsection C:
(1)
Each plan, except the locus plan, shall be drawn to
a scale of one inch equals 40 feet and shall be drawn with the title
designating the site location, the name of the person preparing the
plan, the date prepared and the latest revision date and the name
and seal of a registered land surveyor or registered professional
engineer of the Commonwealth of Massachusetts.
(2)
Seven sets of plans shall be submitted, and the reproducible
linen or master shall be retained by the applicant until a certificate
of compliance has been issued, when it shall be filed with the Select
Board.
[Amended 10-1-2018 ATM
by Art. 14]
(3)
Plans shall show such other information reasonably
necessary to indicate the complete physical characteristics of the
site, including, without limitation, brooks, creeks, rivers, streams,
ponds, lakes, wetlands, banks, flats, marshes, meadows or swamps bordering
such area, whether or not such watercourse or body of water is itself
located on the site; water table elevations at appropriate intervals;
the location of the earth removal activity to be conducted; the location
of any structures to be erected in connection with the earth removal
activity; and all areas in which any fixed or mobile equipment used
in the earth removal activity will be placed, stored or operated.
(4)
Plans shall be supplemented by the applicant, without
further request of the Select Board, in the event of any departure
or deviation from conditions shown on the plans filed with the application,
including, without limitation, changes in the topographical conditions
discovered during removal of earth materials.
[Amended 10-1-2018 ATM
by Art. 14]
[Amended 4-30-2007 ATM, Art. 24; 10-1-2018 ATM by Art. 14]
A.
An earth removal permit application will be considered
to have been filed with the Select Board only when the following have
been received:
(1)
An application form fully completed.
(2)
Seven sets of plans, including plot plan of land,
removal site plan, restoration site plan and locus plan.
(3)
A list, including names and addresses, of all owners
of all lots abutting (as that term is defined in these regulations)
the parcel as to which the earth removal permit is sought.
(4)
Application fee: a certified check or cash in the
amount of $500 to cover the cost of processing the application and
for professional services, including but not limited to engineering
fees, incurred by the Town.
(a)
In the event that a permit is issued, the application
fee will stand as a credit to the fees charged for the material to
be removed. (That fee is calculated at the rate of $0.15 per cubic
yard.)
(b)
In the event that a permit is not issued, that
portion of the application fee remaining unspent shall be returned
to the applicant.
(5)
The applicant will be required to pay the cost of
publication of the notices of the hearing plus the cost of mailing
notices of the hearing by certified mail, return receipt requested,
to each abutter shown on such list before a permit may be issued.
(6)
Review by boards, commissions and committees.
(7)
Proposed specifications describing, in detail, the
location, quantity, nature and quality of all materials to be used
in the work shown on the restoration site plan, including, without
limitation, fill, loam, sod, vegetation, shrubs and trees.
(8)
A consent, in writing, by the owner of the earth materials
site shown on the earth removal permit application for members of
the Select Board, the Earth Removal-Stormwater Advisory Committee,
the Earth Removal-Stormwater Inspector or any other persons authorized
by the Select Board to act for it, to enter the site and to make or
have made, at the applicant's expense, such tests and observations
and record such data as they may deem necessary and which are clearly
pertinent to the earth removal activity at any time during the duration
of the permit.
B.
At their next meeting after they have received a copy of the earth removal permit application, the boards listed in Subsection A(6)(a) shall each establish a date by which they will be prepared to submit a recommendation relative to said application to the Select Board, which date shall not be later than 30 days after each such Board has received a copy of the earth removal permit application, and shall promptly inform the Select Board of that date.
C.
The following procedure and timetable for processing
earth removal applications shall apply:
(1)
The application shall be submitted to the Select Board's
office, where it shall be date stamped.
(2)
The Earth Removal-Stormwater Advisory Committee shall
review the application and provide written certification to the Select
Board as to the completeness and adequacy of the application.
(3)
The Select Board shall have 90 days from the date
of certified completeness to the day a written decision is rendered
by the Select Board to the applicant.
(a)
If an application is not certified, it shall
be returned to the applicant, with a written explanation of deficiencies,
within 30 days. The ninety-day time limit referred to above shall
not begin to run until such application is resubmitted and certified
as complete and adequate.
(b)
If the application is certified, the Select
Board shall set a public hearing date at their next regularly scheduled
meeting.
(4)
The Select Board shall advertise the public hearing
for two successive weeks; the first publication date shall be at least
14 days before the day of the hearing. Public notice will also be
given to abutters by certified mail at least 10 days before the public
hearing date.
(5)
The Select Board shall announce their decision at
a public, regularly scheduled or special meeting, and shall deliver
the decision, in writing, to the applicant within 90 days of the date
the application was certified.
D.
At the hearing on the earth removal permit application, the applicant shall be prepared to answer questions concerning the application and the proposed earth removal activity. The Select Board will hear from the applicant and will make available the recommendations which it has received from the boards and committees listed in Subsection A(6)(a). The Board will hear from any persons to whom notice was required to be given by mail under the Earth Removal Bylaw and may hear from any other persons likely to be affected by the proposed earth removal.
E.
The Select Board may require persons speaking at the
hearing to make their statements under oath and may require the applicant
to submit a written response to any recommendations, comments or questions
presented at the hearing.
F.
If the Board denies the permit, it shall provide a
statement of its reasons for denial. If the Board grants the permit,
it will do so in writing, following the form of contract appended
to these regulations as Exhibit B, entitled "Earth Removal Agreement."[1] This agreement, to which the permit form is attached, will include such conditions, terms and restrictions as the Select Board deems necessary. These conditions, terms and restrictions may deal with but need not be limited to the matters set out in these regulations in § 239-8.
[1]
Editor's Note: Exhibit B is on file in the
office of the Select Board and may be examined there during regular
office hours.
G.
If the Select Board denies the application, the applicant
may resubmit the application and accompanying plans, modified to conform
to the reasons for denial. Such resubmission, if made within 30 days
after the date of the written statement of reasons for denial, will
be subject to procedures applicable to an original submission, except
that the recommendations of the boards referred to in Subsection A(1)(a)
shall be made to the Select Board within 30 days of resubmission,
and the hearing by the Select Board will be within 30 days of the
date of resubmission. If no such resubmission is made until after
30 days, it will be deemed to be a new application.
H.
The holder of a permit who wishes to have the terms, conditions or restrictions of an earth removal permit modified or wishes to alter the removal site plan or restoration site plan or seeks an extension of the duration of the permit shall file a modification application which, unless the Select Board otherwise votes, will be treated as an application for a new permit and will be subject to the procedures set out in § 239-6. In any event, a public hearing in accordance with the Earth Removal Bylaw will be held on every request for an extension of the duration of the permit.
A.
Enforcement of the terms and conditions of earth removal
activities shall be the primary responsibility of the Earth Removal-Stormwater
Inspector in accordance with the provisions of these regulations and
the Earth Removal Bylaw, and the Earth Removal-Stormwater Inspector
shall have the authority, upon becoming aware of a violation, to order
the immediate suspension of operations pending final disposition of
the matter.
[Amended 4-30-2007 ATM, Art. 24]
B.
Notwithstanding any other terms or provisions of these
regulations to the contrary, violations of the Earth Removal Bylaw
may be enforced by all available means consistent with applicable
provisions of law, including, without limitation thereof, resort to
injunctive relief, assessment of damages and the imposition of fines
and penalties.
[Amended 4-30-2007 ATM, Art. 24]
A.
The Select Board, at the time of issuing an earth removal permit, will impose such special terms, conditions and restrictions as it may deem necessary to accomplish the purposes of the Earth Removal Bylaw in the particular circumstances. In addition to the special terms, conditions and restrictions, the permit will be considered to be issued subject to the terms, conditions and restrictions set out in Subsection C of these regulations, unless specifically waived by the Board with the reasons for the waiver action clearly stated in writing. In the event of changes in these regulations after the date of an earth removal permit and before a certificate of compliance with such permit has been issued, the terms of the regulations as changed will apply to any renewal of such permit.
[Amended 10-1-2018 ATM
by Art. 14]
B.
Fees.
(1)
The Select Board, with the issuance of these regulations
as amended, hereby establishes a schedule of fees payable by the applicant
as a condition of the issuance of an earth removal permit and at the
time of the issuance of said permit. As of the date of the adoption
of these regulations as amended, the fee is to be calculated at the
rate of $0.15 per cubic yard of material to be removed.
[Amended 10-1-2018 ATM
by Art. 14]
(2)
This sum is to be applied to the estimated volume
of material as calculated by a registered land surveyor or a registered
professional engineer employed by the applicant. The Select Board,
at their discretion, may require and obtain independent professional
confirmation of this volume estimate.
[Amended 10-1-2018 ATM
by Art. 14]
(3)
The proceeds of all fees so charged are designated
to cover the salary of the Earth Removal-Stormwater Inspector, together
with such engineering and other professional services which the Town
may require to assure the proper enforcement of the provisions of
the agreement and all other costs to the Town arising out of the granting
of the earth removal permit.
C.
The following terms and restrictions will apply to
all earth removal permits issued hereafter by the Select Board unless
otherwise stated in the permit:
[Amended 10-1-2018 ATM
by Art. 14]
(1)
Earth removal operations shall be conducted only between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and loaded
trucks will be permitted to depart from the site only within such
hours as the Select Board may from time to time prescribe in the interests
of public safety.
(2)
All trucks and trailers will be suitably covered to
prevent their contents from falling upon streets or highways. All
stones, sand, gravel or other material resulting from the removal
operation shall be removed from the traveled part of the highway at
the close of each day's operation or sooner if a dangerous condition
arises during the day's operation.
(3)
All equipment and all temporary structures to be erected
or brought upon the premises for the shelter of working personnel
or equipment shall be removed from the site when no longer required
for earth removal activities before the certificate of compliance
shall be issued.
(4)
No excavation proceeding under the provisions of these
regulations shall deviate from the provisions of the removal site
plan or shall be closer than 300 feet to an existing swelling or well
or closer than 200 feet to an existing public way or closer than 200
feet to an existing side or rear lot line. Notwithstanding the foregoing,
however, in special circumstances when, in the opinion of the Select
Board, natural or topographical features provide adequate screening
of the removal site, the Board may reduce the distance of the excavation
from a side or rear lot line but in no event to a distance of less
than 100 feet. In no event shall the excavation go below a point of
eight feet above the level of the established water table. Exceptions
to this requirement may be made by the Board when the creation of
a pond is contemplated in conjunction with the earth removal activity
and when necessary permits have been secured from the Conservation
Commission of the Town of Groton and from such other county and state
and federal agencies as have jurisdiction.
(5)
All excavation will be conducted, maintained and secured
so as not to endanger the stability or utility of contiguous property.
(6)
All boundaries are to be marked in accordance with
the removal site plan, indicating the permitted areas of operation.
Lot lines within 500 feet of the excavation site are to be marked
at appropriate intervals with blue tapes or ribbon or painted stakes.
The area to be excavated is to be marked at appropriate intervals
with red tapes, ribbon or painted stakes. Setback markers, which will
not be disturbed and which will be visible during the removal activity,
shall be installed at specified locations. As promptly as earth removal
activities are completed on any portion of the site and, in any event,
no later than the termination date of the permit, grades and elevations
shall be established in accordance with the restoration site plan.
(7)
Temporary drainage shall be provided to avoid the
creation of any standing water of the site and shall be in the manner
and in the locations shown on the removal site plan.
(8)
Permanent drainage shall be provided in accordance
with good engineering practices prior to the expiration date of the
permit and shall conform to the provisions of the restoration site
plan. In no event shall the lowest grade of final elevation be below
eight feet above the high groundwater level as determined by reliable
engineering data.
(9)
No permanent slope will be established greater than
30°.
(10)
Any work face or bank which slopes more than 30°
downward will be adequately fenced at the top as may be required from
time to time by the Earth Removal-Stormwater Inspector.
(11)
All machinery and equipment, while not in operation,
shall be properly secured so as not to represent a danger to the public.
(12)
At the commencement of the earth removal operations,
the applicant shall see to it that the first 100 feet of driveway
or accessway leading from the public way to the removal site is paved
with a bituminous surface of adequate dimensions and specifications
so as to minimize the hazard to the public way from the site by transporting
vehicles; further, during removal operations, the applicant shall
make every reasonable effort to keep dust, noise, fumes, smoke, vibration
or other noxious conditions from affecting abutting land and dwellings.
(13)
Temporary off-street parking for motor vehicles shall
be provided during the life of the permit.
(14)
Any access to excavated areas or areas in the process
of excavation shall be blocked off with adequate barriers and posted
with "No Trespassing" signs during all periods when removal operations
are shut down.
(15)
Under no circumstances are explosives to be used in
connection with the within permit. Any use of explosives must be in
strict compliance with state statutes and by separate permit from
appropriate authority.
(16)
The within permit shall be personal to the applicant
and may not be sold, assigned or otherwise transferred, mortgaged,
pledged or encumbered without the approval of the Select Board upon
such terms and conditions as it may deem necessary to assure compliance
with the terms of the permit, the bylaw and these regulations.
(17)
Trees, stumps, boulders and other debris resulting
from the earth removal operation will be removed, buried or otherwise
destroyed as required by the Earth Removal-Stormwater Inspector. No
open burning will be permitted except by permission of the Fire Chief.
(18)
Any backfill material utilized in connection with
the restoration site plan will be clean and free of rubbish, refuse
or other similar matter. No dumping or disposal of refuse will be
allowed on the site at any time.
(19)
The site work and specifications noted on the restoration
site plan shall be performed in accordance with said plan. Topsoil
cover shall be retained, replaced or introduced suitable for plant
growth over all areas disturbed by the removal operation to a depth
of not less than four inches, and the area shall be replanted with
trees, grass or other suitable ground cover as specified in said plan.
Upon completion of the operation, the applicant shall have taken such
steps as are necessary to ensure that the planted area is protected
from erosion until its growth is established.
[Amended 4-30-2007 ATM, Art. 24; 10-1-2018 ATM by Art. 14]
The Select Board has established the post of
Earth Removal-Stormwater Inspector. This official, acting as an agent
of the Select Board, has full authority to enter upon the earth removal
site at any time and to determine whether the terms, conditions and
restrictions of the earth removal permit are being complied with.
Among the duties of the Earth Removal-Stormwater Inspector are the
responsibilities of determining whether the perimeter of the excavation
is in accordance with the provisions of the removal site plan as determined
by the prescribed permanent monuments. It shall also be his obligation
to see that all requirements of the permit are met within the duration
of the permit and to report to the Select Board from time to time
as to the degree of compliance and the general nature of the removal
activity. He shall also investigate all complaints of any nature having
to do with a given earth removal activity and report, in writing,
to the Select Board. See separate job description.[1]
[1]
Editor's Note: Said job description is on
file in the office of the Select Board and may be examined there during
regular office hours.
A.
At the time of issuing an earth removal permit and entering into an earth removal agreement with the applicant, the Select Board will require that compliance by the applicant with the conditions, terms and restrictions of the permit be secured by one, or in part by one and in part by the other, of the methods described in the following Subsection A(1) and (2), which method, in whole or in part, shall be selected initially by the Select Board and which may, during the term of the permit, upon the request of the holder of the permit, be varied by the Select Board:
[Amended 10-1-2018 ATM
by Art. 14]
(1)
By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Select Board to pay the cost of doing the work necessary to make the site conform to the restoration site plan. The penal sum of any such bond or the amount of any deposit required may be decreased by the Board from time to time as the progress of earth removal or the restoration work warrants in order that said penal sum or the amount of the deposit shall be and remain reasonably approximate to the cost of doing such necessary work. Any such bond may be enforced and any such deposit may be applied by the Select Board for the benefit of the Town upon failure of the performance for which said bond or deposit is given, including the cost of work done by or on behalf of the Town under the terms of §§ 239-6A(8) and 239-8C(19) to the extent of the actual cost to the Town for completing such performance.
(2)
By a covenant, executed and duly recorded by the owner
of record of the earth removal site, running with the land and in
favor and the Town, of the owners from time to time of the lots abutting
the earth removal site, whereby the earth removal site shall be made
to conform to the restoration site plan before the portion of the
lot upon which the earth removal site is located may be conveyed or
mortgaged.
B.
Restoration of site.
(1)
Upon restoration of the site to the condition shown
in the restoration site plan and upon full compliance by the holder
of the permit with all conditions, terms and restrictions contained
therein, the Select Board, upon being satisfied, by such investigation
as it shall deem necessary, that the required restoration has been
completed, will issue a certificate of compliance which will conclusively
establish such compliance and shall release the interest of the Town
in any bond and return the bond or deposit to the person entitled
to receive the same.
[Amended 10-1-2018 ATM
by Art. 14]
(2)
In the event that the funds provided by either the
performance bond or cash deposit shall prove inadequate to complete
the restoration of the land to contract specifications, the property
owner shall be held liable for the deficiency, and, should he fail
to meet the same, the Town shall attach the land for the amount of
said deficiency.
[Amended 10-1-2018 ATM
by Art. 14]
These earth removal regulations may be amended
by the Select Board at any scheduled regular or special meeting of
the Select Board upon seven days' notice posted in the Town Hall and
in such other place and manner as it deems appropriate.
[Amended 10-4-1993; 6-21-1999;4-30-2007 ATM, Art. 24; 1-28-200210-1-2018 ATM by Art.
14]
A.
Prior to removing any earth materials from the premises under Chapter 134, Earth Removal, § 134-10, Exemptions (Note: See Code of the Town of Groton, available in the Town Clerk's office.), the landowner shall submit a request for a certificate of exemption to the Select Board. Such requests shall include the information on the form entitled "Request for Certificate of Exemption" (Note: Forms are available in the Select Board's office in the Town Hall.) and a sketch plan (with dimensions) showing the following information:
(1)
Approximate location of property lines.
(2)
Approximate location of any existing or proposed structures.
(3)
Approximate location of any wells (including those
of abutters) within 100 feet of the area to be excavated.
(4)
Approximate location of any existing or proposed sewage
disposal systems (including those of abutters) within 100 feet of
the area to be excavated.
(5)
Identification of any area which normally collects
standing water.
(6)
Approximate location of any wetlands.
(7)
Location of area to be excavated, filled or otherwise
modified.
(8)
Proposed or existing location of stockpiled material.
B.
If the quantity to be removed from the premises is more than 50 cubic yards, the applicant must demonstrate compliance with § 134-10 of Chapter 134, Earth Removal, by submitting an explanation of the calculations used to arrive at the quantity of material to be removed. The amount of material to be removed in conjunction with new construction or subdivision roads shall be calculated and stamped by a registered land surveyor or professional engineer. The Select Board and its agents shall verify that the maximum quantity does not exceed that displaced by the portions of the building, walk, driveway, street or similar appurtenances below finished grade and is otherwise in conformance with the provisions of § 134-10. The displaced earth material shall be stockpiled on the site and shall not be removed until construction of the structure has commenced. In the case of a subdivision, the material shall not be removed until the subdivision road has been paved. No material shall be removed from the premises until a certificate of exemption is granted by the Select Board, or its designee. (For quantities less than 50 cubic yards, see Chapter 134, Earth Removal, § 134-11, Special permits.)
C.
A copy of the regulations on exemptions to Chapter 134, Earth Removal, shall be provided to each applicant when a building permit application is submitted to the Building Inspector. A copy of the regulations on exemptions shall be provided to the developer when an application for approval of a definitive subdivision plan is submitted to the Planning Board.
D.
The Select Board shall issue a certificate of exemption only if the final plan qualifies as an exemption under § 134-10 of Chapter 134, Earth Removal. The Select Board shall consult with the Earth Removal-Stormwater Inspector, Earth Removal-Stormwater Advisory Committee, Building Inspector, Planning Board, Conservation Commission, Board of Health, Highway Surveyor, Police Chief, Fire Chief or any other appropriate licensing body prior to acting on the application. The Select Board shall act on the request for a certificate of exemption within 30 days of receipt of the application at the Select Board's office. Copies of the certificates of exemption shall be forwarded to the Earth Removal-Stormwater Inspector, Earth Removal-Stormwater Advisory Committee, Building Inspector, Planning Board, Conservation Commission, Board of Health, Highway Surveyor, Police Chief and Fire Chief. The application and certificate of exemption shall be kept on file in the Select Board's office. A certificate of exemption shall expire one year from the date of issuance.
E.
If the quantity of earth material to be removed from a site is 500 cubic yards or less from a single lot held in separate ownership from the adjoining lots, the Earth Removal-Stormwater Inspector shall issue a certificate of exemption only if the final plan qualifies as an exemption under § 134-10 of the Earth Removal Bylaw. The Inspector shall act on the request within 14 days of receipt of the application in the Select Board's office. The application and certificate of exemption shall be kept on file in the Select Board's office. A certificate of exemption shall expire three months from the date of issuance.
F.
Strict compliance with these regulations may be waived when, in the judgment of the Select Board, such action is in the public interest and not inconsistent with the intent of Chapter 134, Earth Removal.
G.
Every application for removal of 500 cubic feet or
more shall be accompanied by a filing fee of $50. The Select Board
waives the fee for applications submitted by Town departments and
other public agencies.
