8.1 Purpose
The purpose of this article is to define the regulations governing removal, deposit or stockpiling of earth within the town, in order to regulate the generation of noise, dust and other effect detrimental to public welfare. Nothing in this section shall be construed as a waiver of any requirements of the Wetlands Protection Act concerning earth removal or deposit. This bylaw is adopted pursuant to the provisions of Section 21, Subsection 17, and Chapter 40 of the General Laws.
8.2 Definitions
Earth shall include soil, loam, peat, sand, gravel, stone, stumps and other similar material.
Transfer is the removal (or deposit) of earth from (or to) a lot in the town.
Stockpiling is the temporary storage of earth on a lot, the deposit and/or removal of which are subject to this article.
8.3 Applicability
No transfer of earth shall take place within the town unless such transfer (a) is an exempt transfer (Section 4), or (b) is a permitted transfer (Section 5), or (c) is done pursuant to a license therefor (Section 6).
8.4 Exempt Transfers
The following transfers of earth are exempt from any notification or approval requirements under this article. Exempt transfers may take place any day of the week between the hours of 7:00 A.M. and 8:00 P.M.. Exempt transfers are limited to the following:
8.4.1 Transfers entirely within a single lot.
8.4.2 Transfers between two (2) contiguous lots in common ownership.
8.4.3 A single owner or entity transferring less than sixty (60) cubic yards in any thirty (30) day period.
8.4.4 Transfers from land in use by the town or by the state or federal government.
8.4.5 Any transfer, final approval of which has occurred prior to the effective date of this article, which is a part of:
8.4.5.1 Construction of a subdivision road under a subdivision plan,
8.4.5.2 Construction of a driveway under a common driveway special permit,
8.4.5.3 Work according to an Order of Conditions issued under the Wetlands Protection Act.
8.5 Permitted Transfers
The following transfers of earth are permitted as of right, without any notification or approval requirements under this article. Permitted transfers may not take place on Sundays, holidays, or during the hours 4:00 P.M. through 9:00 A.M.. Persons transferring earth under this section are required to file notice of such operations with the police department prior to the transfer. Permitted transfers are limited to the following:
8.5.1 Transfer is at the site of, incidental to, and in connection with the excavation and grading necessary for the construction of a dwelling or accessory building, septic system, or swimming pool, provided that the total quantity of material transferred does not exceed 120% of the below grade volume of said dwelling, building, septic system or pool.
8.5.2. Transfer is at the site of, incidental to, and in connection with the excavation and grading necessary for the construction of an approved street shown on a definitive plan under the Subdivision Control Law, provided that the total quantity of material transferred to and from the subdivision site does not exceed one thousand (1000) cubic yards in any thirty (30) day period.
8.5.3 Transfer is at the site of, incidental to, and in connection with the excavation and grading necessary for the construction of an approved Special Permit for a Private Driveway (See Section # 5.4.4 of the Zoning Bylaws) , provided that the total quantity of material transferred to and from the site does not exceed one thousand (1000) cubic yards in any thirty (30) day period.
8.5.4 Transfer pursuant to an Order of Conditions issued under the Wetlands Protection Act (G.L. c.131 Sec. 40) when such removal is incidental to a use permitted with review by the Conservation Commission, provided that the total quantity of material transferred to and from the site does not exceed one thousand (1000) cubic yards in any thirty (30) day period.
8.5.5 Transfer pursuant to grading or re-grading of a lot containing a dwelling, in conjunction with landscaping or other improvements to the property, provided that the total quantity of material transferred to and from the site does not exceed one thousand (1000) cubic yards in any thirty (30) day period.
8.6 Transfers Permissible by License
Transfers of earth which are neither exempt by 8.4 nor permitted by 8.5, may be permitted by a license granted by the appropriate license granting authority (LGA).
8.6.1 License Granting Authorities
For transfers permissible by license, the following are designated to the license granting authorities (LGA). For any transfer involving more than one license granting authority, the LGA of record shall be the first-occurring in the list:
8.6.1.1 Planning Board. For transfers incidental to approved subdivisions, common driveways, and ponds (See Section # 5.2.5 of the Zoning Bylaws);
8.6.1.2 Conservation Commission. For transfers incidental to actions taken with respect to the Wetland Protection Act;
8.6.1.3 Board of Appeals. For transfer not otherwise covered by 8.6.1.1 or covered by 8.6.1.2 of this Article.
8.6.2 Requirements for review by the LGA
Any person who desires to receive a license for transfer shall submit a written application for such license with the LGA. The LGA shall define the specific data to be included in the application as part of its rules and regulations. Data to be included must be sufficient to allow the LGA to make valid findings, and may include such items as:
8.6.2.1 Plans of the area at a sufficient scale and level of detail to determine condition of the land both before and after the proposed transfer;
8.6.2.2. A statement of plans for the disposal of rocks, tree stumps and other waste materials, and for the drainage of the site during and after the transfer operations. For operations within one hundred (100) feet of land subject to the Wetlands Protection Act, the application may include a statement of plans for the protection of any portion of an underground water source or supply, including without limitation springs, wells or aquifers;
8.6.2.3 A statement of the hours and days of operation, the trucking route and type of vehicle to be used on any street for the transfer of material, the treatment of the site during operation to reduce dust, mud and noise;
8.6.2.4 Such additional information as the LGA may determine.
8.6.3 Notification and Hearing
Upon receiving an application under this section, the LGA shall hold a public hearing on the proposed transfer within twenty-one (21) days of such application. Notice of the time and place of said hearing shall be given by the LGA at the expense of the applicant, not less than five (5) days prior to such hearing, by publication in a newspaper of general circulation in the town, and by mailing a notice to abutters. The LGA shall transmit a copy of the application to other town boards, as appropriate, prior to the hearing. The LGA shall render its decision on the application within twenty-one (21) days of the public hearing.
8.6.4. Findings
After notice and a public hearing, the LGA shall grant a license for transfer of earth if it finds that:
8.6.4.1 The plans submitted in connection with the transfer are designed to minimize changes in existing contours in keeping with attractive land utilization, effective drainage, suitable road gradients, access or other design considerations; and
8.6.4.2 The volume proposed for transfer does not exceed the minimum practical amount required to accomplish the construction, development or improvement in accordance with plans therefor; and
8.6.4.3 Effecting the transfer will not be detrimental or injurious to abutters or the neighborhood, either by the alteration of existing topography or by a substantial change in the use of streets in the neighborhood.
8.6.5 Conditions of a License
If a license is granted, the LGA shall impose conditions on the time and the extent of the permitted transfer and such other appropriate conditions, limitations and safeguards as the LGA deems necessary for the protection of the neighborhood and of the public health, safety, and welfare of the town, and may condition the continuance of the permit upon compliance with regulations of the LGA then in force or thereafter adopted. The LGA may require sufficient security, including necessary covenants, to insure compliance with the terms, conditions and limitations of the earth transfer license. No license shall be granted for longer than one (1) year.
8.6.6. Filing of License
A copy of the license must be on file with the chief of police and the Town Clerk prior to the beginning of the transfer operations.
8.6.7. Additional Conditions of a License
The members of the LGA and other town officers or their agents may enter upon the premises covered by any license from time to time to inspect and insure proper conduct of the work. Upon petition of the owner of the premises, license-holder, or abutters, or upon its own initiative, the LGA may hold a new hearing and reissue or modify the license. The LGA may order the revocation of, or suspension of, a license if the conditions provided in the license are not complied with; but neither the license-holder in such case, nor any surety on a bond furnished to secure compliance with the conditions of the license, shall be relieved of his obligations thereunder.
8.7 Stockpiling
Transferred material may be stockpiled, subject to the following provisions;
8.7.1. No external change is made which alters the residential appearance of the premises.
8.7.2. The stockpiling does not produce dust, erosion, or other effects at the lot lines in amounts exceeding those normal to residential property.
8.7.3. For stockpiling in excess of two thousand (2000) cubic yards, the material must be at least fifty (50) feet from all street and lot lines.
8.8 Subdivision Approvals
No approval of a subdivision plan by the Planning Board shall be construed as authorizing the transfer of earth from or to any parcel of land except pursuant to the provisions of this article.
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