[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.
A.
In the case of stripping or removal of sod, loam,
soil, sand or gravel:
B.
In the case of soil, sand and gravel removal, the
application shall also show:
(1)
The existing topography of the land, based on United
States Coastal and Geological datum in two-foot contours.
(2)
Location of existing trees 12 inches in diameter or
over.
(3)
The proposed topography at the conclusion of the operation
in two-foot contours.
(4)
Location and type of temporary or permanent structures.
(5)
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:
A.
Method of removal.
B.
Type and location of temporary structures.
C.
Hours of operation.
D.
Routes for transporting the material through the City.
E.
Area and depth of excavation.
F.
Distance of excavation to street and lot lines.
G.
Steepness of slopes excavated.
H.
Reestablishment of ground levels and grades.
I.
Provisions for temporary and permanent drainage.
J.
Disposition of boulders and tree stumps or any other
protrusions.
K.
Replacement of loam over the area of removal.
L.
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:
Small quantities that do not exceed 50 cubic
yards do not require permits.
