[HISTORY: Adopted by the City Council of the City of Marlborough as Secs. 16-1 through 16-18 of the 1965 Code (Ch. 167 of the 1986 Code). Amendments noted where applicable.]
It being deemed necessary and beneficial to the interests of the City and its citizens, this chapter is to provide for the regulation of the removal of soil, loam, sand or gravel from land not in public use in the City as authorized under MGL c. 40, § 21, Subsection 17.
The stripping or removal of sod, loam, sand and gravel within the limits of the City, except where incidental to and in connection with the construction of a duly authorized building, structure or way by the owner of the premises or his licensee, shall be allowed only upon the granting of a permit therefor by the City Council.
[Amended 12-19-1983 by Ord. No. 23492; 10-6-2014 by Ord. No. 14-1005921A]
Such stripping and removal of sod, loam, soil, sand and gravel, where incidental to the construction of a duly authorized building, shall not be commenced until written permission has been obtained from the Building Commissioner. A copy of this permission shall be carried in each vehicle involved in the operation and shall show the date of removal and locations of the removal area and the dumping area.
Any person seeking a permit under the provisions of this chapter shall file an application for such permit with the City Clerk and shall submit a site plan at a scale of one inch equals 40 feet of the area from which the material is to be removed showing the following.
In the case of stripping or removal of sod, loam, soil, sand or gravel:
In the case of soil, sand and gravel removal, the application shall also show:
The existing topography of the land, based on United States Coastal and Geological datum in two-foot contours.
Location of existing trees 12 inches in diameter or over.
The proposed topography at the conclusion of the operation in two-foot contours.
Location and type of temporary or permanent structures.
Existing and proposed drainage.
In granting a permit hereunder, the City Council may vary or impose any reasonable conditions specially designed to safeguard the general character of the neighborhood and the City, which may include conditions as to:
Method of removal.
Type and location of temporary structures.
Hours of operation.
Routes for transporting the material through the City.
Area and depth of excavation.
Distance of excavation to street and lot lines.
Steepness of slopes excavated.
Reestablishment of ground levels and grades.
Provisions for temporary and permanent drainage.
Disposition of boulders and tree stumps or any other protrusions.
Replacement of loam over the area of removal.
Planting of the area with suitable cover, including trees, and other elements incident or related thereto.
Prior to undertaking any work under any permit granted by the City Council, the applicant shall file a duly executed bond with surety with the City that will comply with all conditions, limitations and safeguards which are deemed necessary by the City Council. The aforesaid bond shall be in the penal sum of $500 or $10 per 1,000 square feet of area of land from which earth is to be removed, whichever is greater.
Before issuing any permit, the City Council shall hold a public hearing thereon, after giving a public notice by advertising in a newspaper of general circulation in the City in each of two successive weeks, the first not less than 21 days before the hearing.
No permit for removal of earth materials shall be issued for a period of more than one year. Permits may be renewed for additional periods in the same manner as the initial issuance, except that no public hearing will be required, provided that previous permits have been adhered to.
The owner or operator of the pit shall be responsible for cooperating with local or pertinent authorities for the erection of any warning lights, signs or barriers and furnishing signalmen or traffic officers deemed necessary by the authorities due to conditions brought about by pit operations. All such costs involved are the responsibility of the owner or operator of the pit.
Any easements required shall be obtained by the person seeking the permit.
Excavation machinery may be operated only during the normal workweek, from Monday through Saturday except holidays, between the hours of 7:30 a.m. to 5:00 p.m.
Within the excavated area, no slope shall be in excess of twenty-five-percent grade nor less than one-percent grade, one-percent grade being a rise of one foot in 100 feet. The bottom of the excavation shall be uniformly graded to provide for proper drainage, thus assuring that there will be no ponding of water. The depth of excavation shall not be lower than the lowest abutting grade so that the finished contour will blend in with the contours immediately adjacent to the excavated area.
Excavated material shall be removed from an embankment in an orderly fashion; undercutting will not be permitted.
At the close of business each workday, the pit operator shall be responsible to assure that excavations performed do not constitute a hazard to personnel or children that might wander into the area. All equipment which is left overnight in the pit area shall be properly braked, blocked and locked. Flammable liquids may only be stored on the site after necessary permits have been issued.
There shall be no removals of earth or earth movements of any kind, whether from one parcel to another or whether conducted entirely within a single parcel, the result of which is to remove lateral support from adjoining land, unless a twenty-five-percent grade or slope is preserved for a distance of 25 feet in from all lot lines or street lines; provided, however, that lateral support may be reduced to an extent greater than herein provided if written consent is obtained in advance, in writing, from the owner of an adjoining public way and if evidence of such written consent is filed with the City Council prior to commencement of the work. In all cases of adjoining lands under public ownership or control, written permission from the Mayor and City Council will suffice, notwithstanding what political subdivision owns or controls such adjoining land.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
At such time that the Building Commissioner determines that the pit, or section of the pit, is exhausted, the owner or operator shall prepare the area for the final slopes. All large stones and boulders which protrude above the finished grade shall be removed or buried. All prepared grades shall be compacted to density equal to original ground.
All final slopes and any area disturbed by the excavation or stripping process shall be topsoiled and seeded, except where ledge rock is exposed. Topsoil depth shall be a minimum of four inches after rolling. Seeding shall be sufficient to assure a stand of grass to preclude erosion. Trees or shrubs shall be planted where required by the City Council and designated on the plan.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
Permits to remove earth in quantities not exceeding 250 cubic yards may be issued informally by the Building Commissioner without need of complying with the provisions of §§ 534-3 through 534-8; provided, however, that:
Proper surface drainage of the parcel is assured during and after removal of earth.
No grades resulting from such earth removal exceed a slope of 25% from all property lines.
Informal permits not exceed six months from date of issue.
Small quantities that do not exceed 50 cubic yards do not require permits.