[HISTORY: Adopted by the Annual Town Meeting
of the Town of Salisbury 10-27-2003 by Art. 4. Amendments noted where applicable.]
The purpose of this bylaw is to regulate earth
filling operations for the protection of human health, public safety,
welfare, and the integrity of the natural resources of the Town of
Salisbury.
The filling of any lot or lots as part of a
single project or series of related projects with greater than 500
cubic yards in total of topsoil, borrow, rock, sod, loam, peat, humus,
clay, sand or gravel ("earth material") within any twenty-four-month
period shall be done only in accordance with this bylaw. Filling includes
transporting earth material from one location (inside or outside of
the Town) and depositing the earth material in another location in
the Town. Filling does not include redistributing earth material within
a single site. No solid or hazardous waste, refuse, junk, industrial
waste, volatile, explosive or flammable materials, garbage, building
materials, construction and demolition debris, glass, metal, toxic,
infectious, radioactive, corrosive, or reactive material or waste
may be used as fill in the Town.
A.
Five hundred cubic yards or less. Filling of any lot
or lots with 500 cubic yards or less of earth material within any
twenty-four-month period is permitted without an earth fill permit
(but is subject to other requirements of law and other Town bylaws
and regulations).
B.
Five hundred cubic yards to 2,000 cubic yards. Filling
of any lot or lots with more than 500 cubic yards and less than 2,000
cubic yards in total within any twenty-four-month period is permitted
without an earth fill permit (but is subject to other requirements
of law and other Town bylaws and regulations), if such filling is
directly related and entirely incidental to:
(1)
Work done in accordance with a valid order of conditions
or other approval issued by the Town Conservation Commission or the
Massachusetts Department of Environmental Protection (DEP).
(2)
The construction of a building or structure for which
a valid building permit has been issued and filling is directly related
and entirely incidental to the construction, provided that site preparation
filling prior to issuance of a building permit is not exempt.
(3)
The construction of ways within subdivisions that
have been approved by the Planning Board, provided that other site
preparation filling within subdivisions is not exempt.
(4)
The construction or reconstruction of a septic system
the design of which has been approved by the Board of Health.
(5)
Utility construction in public and private ways or
incidental to municipal operations and activities.
(6)
The routine landscaping (not including significant
changes in topography) of a lot with a one- or two-family residence
thereon by the resident owner thereof so long as the existing topography
of the parcel in no location exceeds a fifteen-percent grade.
A.
Permits. The permit granting authority shall be either
the Town Manager or the Board of Selectmen, according to the volume
of fill for which a permit is sought. All non-exempt filling between
500 cubic yards and 2,000 cubic yards shall require a small project
filling permit from the Town Manager. Filling in excess of 2,000 cubic
yards shall require a large project filling permit from the Board
of Selectmen.
B.
Small project filling permit. Any person planning
any filling activity requiring a small project filling permit from
the Town Manager shall submit an application, on a form to be provided
by the Town Manager. Where deemed necessary by the Town Manager when
considering issuance of a small project filling permit (or the Building
Inspector when considering issuance of a building permit), an applicant
may be required to submit a site plan showing the area to be filled.
If the Town Manager requires submission of a site plan, the application
shall not be deemed complete until the site plan is submitted to the
Town Manager.
C.
Large project filling permit. Any person planning
any filling activity requiring a large project filling permit from
the Board of Selectmen shall submit an application on a form approved
by the Board of Selectmen, a soil management plan satisfying the requirements
of this bylaw, and a site plan prepared and certified by a registered
land surveyor or engineer.
D.
Application submission. The applicant shall submit
three copies of the application, any required soil management plan
and any required site plan to the permit granting authority and shall
at the same time submit one copy to each of the Building Inspector,
the DPW Director, the Conservation Commission, the Health Officer
and the Planning Board, for their records. Each of them may forward
to the permit granting authority their comments, observations and
recommendations. To allow other Town officials time to comment on
applications, the permit granting authority shall wait at least 20
days after submission of a complete application before issuing a permit.
E.
Site plan requirements. Where a site plan is required it shall meet the requirements of § 77-5B of this bylaw.
F.
Performance bonds. Where deemed necessary by the permit granting authority a performance bond in the amount determined and on the terms specified by the permit granting authority shall be posted in the name of the Town assuring satisfactory performance in the fulfillment of the requirements of this bylaw and such other conditions as the permit granting authority may impose as conditions to the issuance of the filling permit or any subsequent changes to such conditions. No such bond shall be released, nor shall the applicant be deemed to have complied with the conditions provided for herein, until the applicant has filed with the permit granting authority a written certification from the Massachusetts licensed site professional who approved the original soil management plan that said conditions and the soil management plan have been complied with and a final, engineered record site plan showing the finished site as required under § 77-6J of this bylaw and the permit granting authority issues a letter authorizing release of the bond. The permit granting authority shall act on a requested release of bond within 65 days after the applicant submits a written request for such release.
G.
Hearings. Before granting or materially modifying
a large project filling permit, the Board of Selectmen shall hold
a public hearing within 30 days after receipt of a completed application
and shall give due consideration to the location of the proposed earth
filling, to the general character of the neighborhood surrounding
such location, to the protection of water supplies and aquifers, to
the safety of the public on the public ways in the vicinity, and to
the recommendations of the Building Inspector, the DPW Director, the
Conservation Commission, the Health Officer and the Planning Board.
At least seven days prior to said hearing, the applicant shall publish
notice of the hearing in a local daily newspaper and notify all owners
of land abutting or within 300 feet of the property line of the land
where the earth filling is proposed (including, but not limited to,
owners of land directly opposite said land on any public or private
street or way, and in another municipality or across a body of water)
by certified mail as to the time, place and purpose of the hearing.
The notification shall be at the applicant's expense. The applicant
shall provide the Board of Selectmen with proof of such publication
and notification prior to the hearing.
H.
Other approvals. If any proposed earth filling for
which a permit is required under this bylaw also requires an order
of conditions from the Conservation Commission and/or a site plan
review by the Planning Board and/or any approval by any other Town
board or official, the permit granting authority may grant a permit
that is conditional on receipt of the other required approval(s).
I.
General permit terms. If the applicant is not the
owner of the property to be filled, the owner of the property shall
also sign the application as an applicant and shall guarantee performance
of the other applicant(s). Permits for earth filling under this bylaw
shall be transferable only to a person who agrees in writing to assume
all of the obligations of the permit holder and who is approved as
an assignee by the permit granting authority. Permits shall be issued
for a term not to exceed two years. A permit may be renewed upon reapplication.
The public hearing may be waived by the permit granting authority
for large project filling permit renewals.
J.
Approval deadlines. The Town Manager shall act on
completed applications for small project filling permits within 45
days after the date of submission of a complete application, including
any required site plan. If the Town Manager fails to act within such
forty-five-day period, the application shall be deemed to be approved.
The Board of Selectmen shall act on completed applications for large
project filling permits within 45 days after the closing of the public
hearing on the application. If the Board of Selectmen fails to act
within such forty-five-day period, the application shall be deemed
to be approved.
Each copy of an application for a large project
filling permit to the Board of Selectmen shall be accompanied by a
written statement describing the proposed regulated activity, together
with the following information:
A.
Soil management plan.
(1)
The soil management plan shall be signed by a Massachusetts
licensed site professional (LSP). The LSP shall specifically state
that "The subject plan meets the requirements of Salisbury's Earth
Filling Bylaw and any other applicable federal or state law or regulation
pertaining to the transport, use and/or disposal of earth and other
materials for fill."
(2)
The soil management plan must contain sufficient detail
to document that the requirements of this Earth Filling Bylaw will
be met. The plan shall specifically require that bills of lading in
the form specified by the Board of Selectmen and procedures approved
by the Board of Selectmen will be exclusively used for the transport
and acceptance of earth materials for fill.
(3)
The soil management plan shall include the following
at a minimum and shall include any other information required by the
Board of Selectmen:
(a)
Complete descriptions of pre-fill environmental
conditions and findings and sample locations;
(b)
Procedures for verification of fill material
origin and acceptance;
(c)
Recordkeeping practices;
(d)
Site security, fill operation inspection and
site control;
(e)
Transport routes, times and days of operation,
locations of equipment parking and storage and duration of fill activities;
(f)
Qualifications of applicant personnel responsible
for adhering to the soil management plan and this bylaw;
(g)
Erosion, dust, and stormwater controls and inspection
and maintenance thereof;
(h)
Effects of the filling on groundwater recharge;
(i)
Quality assurance/quality control procedures;
(j)
Emergency response and notification procedures,
including telephone numbers and contact individuals/firms;
(k)
Total proposed earth material fill volume;
(l)
Daily personnel procedures and operation management
procedures, including types, numbers, locations and hours of operation
of any processing equipment on site;
(m)
Environmental monitoring plan to maintain protection
of human health, public safety, welfare and the environment during
and following fill operations; and
(n)
Cover material, revegetation, erosion and pollution
control, and monitoring and maintenance plan.
B.
Site plan. If filling involves more than 2,000 cubic
yards of fill, a registered land surveyor or engineer shall prepare
the site plan. The site plan shall depict the following information:
(1)
Existing conditions, including grades, man-made features, elevations, property boundaries, dimensions, owners of land who are entitled to notice under § 77-4G of this bylaw, access points, water bodies and watercourses, wetlands, and environmental sample locations;
(2)
Process diagrams indicating fill sequence, transport
routes, and security measures;
(3)
Drainage, water flow and sedimentation control before
and after the proposed filling and stormwater and erosion control
and groundwater recharge structures and features to be utilized during
fill operations;
(4)
Final grade plans depicting proposed finish fill elevations,
slopes, permanent stormwater and erosion control and groundwater recharge
structures and features, the methods of final stabilization of fill
material and the proposed cover material and cover vegetation;
(5)
Unless otherwise determined by the permit granting
authority, map scales shall be no more than 60 feet to the inch and
elevation contour intervals shall not exceed two feet. Elevation contours
are required only for areas of fill, 100 feet beyond the perimeter
of the fill areas and along abutting property lines. Appropriate permanent
benchmarks with elevations marked thereon and referenced to the National
Geodetic Vertical Datum (NGVD) shall be placed in the field and shown
on the plans.
A.
Permitted fill materials. All fill materials shall
include only clean sand, gravel, clay, stone, quarried rock or other
subsurface products free from solid waste, with an aggregate size
of six inches or less, and have no solid waste, refuse, junk, industrial
waste, or volatile, explosive or flammable materials. The fill material
shall have no concentration of oil or hazardous material, toxic substance
or infectious biological material greater that federal, state or local
reportable or action criteria or materially greater than pre-fill
conditions prevailing in the area to be filled. The fill material
shall also be free from organic material such as trees, stumps, garbage,
building materials, and construction and demolition debris and shall
contain 15% or less of total organic carbon by lab analysis.
B.
Site preparation. The area to be filled shall be cleared
of stockpiled or otherwise disposed of organic and inorganic materials,
such as fallen trees and brush, tree stumps, rubbish, junk, building/construction/demolition
materials, and any other accumulated debris. Topsoil shall also be
removed from the area to be filled prior to filling. The area to be
filled corresponds to the horizontal limits of the fill activity as
represented on a plan view drawing.
[Amended 5-14-2012ATM by Art. 17]
C.
Fencing and gates. Temporary fencing, where deemed
appropriate by the permit granting authority for the protection of
the general public during fill operations, shall be at least six feet
high with suitable gates to exclude unauthorized persons from the
site.
D.
Groundwater recharge and drainage. Provision shall
be made for promoting groundwater recharge, for preventing increased
runoff from the site and for safe drainage of water, for preventing
excessive water accumulation, and for preventing wind or water erosion
from carrying material onto adjoining properties.
E.
Cleaning of vehicles, roads and streets; covering
of loads. Provisions shall be made for the cleaning of all vehicles
before they leave the site and for daily cleaning of all public roadways
in the vicinity of the site that have been affected by vehicles engaged
in filling activity. Provisions also shall be made for covering loads
in vehicles traveling on public roadways.
F.
Dust control. Dust shall be controlled through watering
or other appropriate means.
G.
Buffer strips. The permit granting authority may require
that a twenty-foot buffer strip shall be maintained at all boundaries
and not disturbed.
H.
Screening of processing equipment. The visibility,
sound, and airborne particulates from processing equipment shall be
screened from adjacent premises through the design and location of
such equipment and through use of natural vegetation, planting, overburden
piles, and surge piles as screening.
I.
Final cover. All filling shall require coverage with
a minimum of four inches of organic topsoil and shall be seeded and
mulched to stabilize the fill material. Where filling is incidental
to facilitate parking of vehicles, the fill material shall be covered
by a suitable binding material to prevent airborne dust and erosion.
J.
Finish elevations and grading. The permit granting
authority may specify finished grades, elevations and contour intervals
which filling will conform to. Final fill material grades shall conform
in contour, slope, and elevation to the natural topography of the
surrounding area or preexisting contours as evidenced by historical
maps or photographs. Final grading shall incorporate stabilization
measures and slopes of no more than 15% to prevent erosion, structural
failure of fill materials, ponding of water, or excessive stormwater
drainage onto abutting properties.
K.
Additional conditions. The permit granting authority
may set reasonable conditions in addition to the above, including
but not limited to duration of the permit, hours of the day during
which filling may take place, maximum load sizes, truck routes to
be used to access the site, and grasses, shrubs and trees to be planted.
L.
Permit terms; inspection; suspension and revocation.
No permit shall be issued under the provisions of this bylaw to extend
for a term of more than two years. Prior to filling and at any time
during a permitted filling activity, inspection of the premises may
be made by the permit granting authority or its agents on reasonable
advance notice to determine whether or not the provisions of the Town
bylaws and any permit are being complied with. If the permit granting
authority determines that the provisions of the bylaw or the provisions
of any permit are being violated, the permit granting authority may
issue a temporary cease and desist order, which shall remain in effect
until terminated in writing by the permit granting authority. If,
after notice to the permit holder(s) and a public hearing, the permit
granting authority determines that the conditions of any large or
small project filling permit are not being complied with, the permit
granting authority may revoke the permit, after which the operation
shall be discontinued and the area restored in accordance with the
orders of the permit granting authority.
M.
Inspections, certifications, reports and tests. While
considering an application and/or as a condition of issuing a permit,
the permit granting authority may require such borings and test pits,
inspections, monitoring, certifications, reports and tests by licensed
site professionals, engineers, laboratories and/or other qualified
persons as are deemed by the permit granting authority to be needed
to evaluate the application and/or to monitor performance under a
permit and/or to establish compliance with the conditions of a permit
and this bylaw. It shall be a condition of all permits that the applicant
pay for all such borings and test pits, inspections, monitoring, certifications,
reports and tests and that they be conducted by persons selected by
and responsible to the permit granting authority. Payments received
from applicants for such borings and test pits, inspections, monitoring,
certifications, reports and tests shall be deposited into a revolving
fund authorized annually by Town Meeting pursuant to MGL c. 44, § 53E
1/2. Failure of any applicant or permit holder to make timely payment
of any application fee or of any fees for any borings and test pits,
inspection, certification, monitoring, report or test or to carry
out any step or to submit any information required by the permit granting
authority shall be grounds for denial of a permit and/or for issuance
of a cease and desist order and/or for revocation of the permit.
A.
Permit required to commence filling operations. No
fill operations are to commence until a letter indicating the granting
of a permit and, if required, receipt and acceptance of the soil management
plan and the site plan has been issued to the applicant by the permit
granting authority.
B.
Bills of lading and LSP letters. Each permit holder
shall file a bill of lading with the Town Manager for each load of
fill placed within the Town. Each bill of lading document shall be
accompanied by a signed and dated letter from an LSP which specifies:
(1)
The point of origin of the material and the receiving
location for the material;
(2)
That the material is not otherwise prohibited from
use as fill material in accordance with this bylaw or other applicable
federal or state laws, regulations, standards or guidelines; and
(3)
That the LSP has compared analytical results of testing
of the fill materials to the existing, pre-fill conditions at the
fill location and determined:
C.
Weekly documentation requirements. Copies of bill
of lading documents and required LSP letters covering all fill placed
during each week of filling operations are to be provided to the Town
Manager by the end of business on the fifth business day following
each week of active operation. Failure to provide these records on
a weekly basis will result in suspension of fill activities.
A.
Enforcement action. The Town Manager of the Town is
hereby designated as the officer charged with the enforcement of this
bylaw. The Town Manager, upon a written complaint of any Town citizen
or property owner or upon such officer's own initiative (in either
case after consultation with the Board of Selectmen), shall institute
any appropriate action or proceedings in the name of the Town to prevent,
correct, restrain or abate violation of this bylaw. In the case where
the Town Manager is requested in writing to enforce this bylaw against
any person allegedly in violation of the same and the Town Manager
declines to act, the officer shall notify, in writing, the party requesting
such enforcement of any action or refusal to act and the reasons therefor.
B.
Fines. Violation of this bylaw shall be punishable
by a fine of $100 for each offense. Each day that such violation continues
shall constitute a separate offense. Fines shall be recovered by indictment
or on complaint before the district court initiated by the Town Manager,
or, as an alternative to initiating criminal proceedings, the Town
Manager may give the offender a written notice to appear before the
clerk of the district court not later than 21 days after the date
of such notice for a noncriminal disposition in accordance with MGL
c. 40, § 21D.
C.
Other laws or regulations. This bylaw shall not be
construed to authorize the use of any land or structure for any purpose
that is prohibited by any other provision of the General Laws or by
any other bylaw, rule or regulation of the Town, nor shall compliance
with any such provision authorize the use of any land in any manner
inconsistent with this bylaw, except as required by the General Laws.
D.
Validity and severability. The invalidity of one or
more sections, subsections, clauses or provisions of this bylaw shall
not invalidate or impair the bylaw as a whole or any other part thereof.
E.
Fees. The following fees shall apply to applications
under this bylaw:
[Amended 5-20-2013 ATM
by Art. 17]
(1)
For permits allowing filling of from 500 to 2,000
cubic yards in any twenty-four-month period, the application fee shall
be established by the Town Manager and approved by the Board of Selectmen.
(2)
For permits allowing filling over 2,000 cubic yards,
the application fee shall be established by the Board of Selectmen.
All earth filling that takes place after the effective date of this bylaw shall be subject to the requirements of this bylaw. All persons engaged in non-exempt earth filling of any lot in the Town when this bylaw becomes effective shall file an application for a permit under this bylaw within 30 days thereafter. If the Town Manager determines in his reasonable discretion that such a person has not filed a required application on time, the Town Manager may issue a temporary order to suspend or limit such operations. Any such temporary order shall remain in effect until terminated or modified by the Town Manager or a permit is granted by the Town Manager or Board of Selectmen. Any fill placed in the Town pending the granting of a permit under this bylaw shall be subject to the documentation requirements of § 77-7B and C of this bylaw and to the fees provided for under § 77-8E.
