[HISTORY: Adopted by the Town Meeting of the Town of Millville 5-13-2013 ATM by Art. 18. Amendments noted where applicable.]
In construing this bylaw, the following words shall have meaning
herein given, unless a contrary intention clearly appears:
The owner of land abutting a lot, including land on the direct
opposite side of an abutting way or abutting an abutter within 300
feet of the lot property line.
The Earth Removal Board.
All forms of soil, including, without limitations, sod, loam,
sand, gravel, clay, peat, hardpan, rock, quarried stone, or mineral
products.
Removing any form of soil, including, without limitation,
sod, loam, sand, gravel, clay, peat, hardpan, rock, quarried stone,
or mineral products.
An earth removal not defined as "subdivision" or "miscellaneous."
That which is entirely incidental to construction for which
a building permit has been issued or that which is less than 300 cubic
yards.
That which is entirely incidental to road construction for
approved subdivisions.
The area described in an application for an earth removal
permit as the area from which earth is sought to be removed.
The owner of a lot with respect to which earth is sought
to be removed or the person lawfully standing in the stead of such
owner, as, for example, a lessee to tenant, or person with written
authorization for such removal from the owner.
Includes but not limited to an individual, corporation, society,
association, and partnership.
Stripping, digging, excavating or blasting of earth and carrying
it away from the lot.
A.
Members. There shall be established an Earth Removal Board to administer
the provisions of this bylaw. The members of the Earth Removal Board
shall be the Building Commissioner; one member of the Conservation
Commission, recommended by and from it; one member of the Zoning Board
of Appeals, recommended by and from it; one member of the Planning
Board or the Town Planner, as recommended by the Planning Board; one
member of the Board of Health, recommended by and from it; the Enforcement
Officer and the Highway Surveyor. No person employed by or having
a direct or indirect beneficial interest in a commercial earth removal
business in the Town of Millville shall be eligible for appointment
to the Earth Removal Board.
[Amended 11-13-2017 STM by Art. 7]
B.
Meeting minutes; annual report. The Earth Removal Board shall file
copies of its meeting minutes and copies of all permits issued and
renewed with the Town Clerk and Board of Selectmen. The Earth Removal
Board shall file an annual report with the Board of Selectmen summarizing
its activities for the year, including a complete listing of all permits
granted. Such reports will be published in the Millville Annual Report.
C.
Budget. A budget shall be established for the Earth Removal Board,
to include funds for part-time clerical services, advertising expenses,
recording of permits, and consulting engineering. Said budget shall
be administered by the Board of Selectmen.
A.
Permit. Except as otherwise provided in § 55-8 of this bylaw, no earth shall be removed from any lot in the Town of Millville unless a permit shall first have been obtained by the owner of such lot from the Board.
B.
Applications. Applications for earth removal permits shall be made
to the Board by filing an application with the Board on a form to
be provided by the Board.
C.
Documentation. Each application shall include and be accompanied
by the following and supporting documentation:
(1)
Filing and renewal fee: a filing and renewal fee in an amount established
by the Board and contained in its rules and regulations.
(2)
Description: a description in metes and bounds of the lot proposed
for excavation.
(3)
Legal name and address, owner: the legal name and address of the
owner of the property involved.
(4)
Legal name and address, petitioner: the legal name and address of
the petitioner, which address shall be used by the Board for all correspondence
hereunder.
(5)
Names and address, abutters: the names and addresses of all abutters
as appearing on the most recent tax list and certified by the Assessors.
(6)
Land plan: a topological map/plan of the land showing zoning classification
and topography of surrounding areas within 100 feet of the property
line. The land plan, or a separate plan filed with it, shall include
all reclamation work that the applicant intends to complete after
the approved quantity of earth has been removed.
[Amended 11-13-2017 STM by Art. 7]
(7)
Quality of excavation of fill: a certified statement of the quality
of excavation of fill involved made by a registered engineer or land
surveyor.
(8)
Proposed contours: the plan of the land showing proposed contours
of the site at the completion of the excavation project.
(10)
Review fee. The applicant shall also pay a review fee as set by the
Earth Removal Board to cover the costs of the engineering expense
incurred by the Town as part of the application review process. The
cost of the earth removal work and of determining permit compliance
at the termination of the permit period shall be borne by the permit
holder.
A.
Issuing permits. The Board shall not issue a permit if it appears
that the proposed earth removal project will:
(1)
Endangerment. Endanger the public health or safety, or existing or
potential water supplies.
(2)
Nuisance. Constitute a nuisance.
(3)
Use of adjacent property. Result in the detriment to the normal use
of adjacent property by reason of noise, dust or vibration, or undermining
the property.
(4)
Operations. Result in operations within 200 feet of a way open to
the public use, whether public or private, or within 200 feet of a
building or other structure unless the Board is reasonably satisfied
that such operations will not undermine such way or building or structure.
B.
Permit expiration. Any permit issued hereunder shall automatically
expire upon the completion of the earth removal project for which
it was issued or at such other time as may be specified in said permit;
provided, however, that no such permit shall be valid for more than
one year from the date of issuance.
C.
Applications. Application for permits may be granted, denied or granted
in part and denied in part.
A.
Permits. Each permit issued by the Board shall be subject to the
following conditions, which shall be set forth on the permit:
(1)
Removal. No removal below the natural grade shall be permitted within
200 feet of a residentially zoned property line unless safety and
protection from nuisance factors is assured through additional measures
such as fencing or sloping as determined by the Board. In no case
shall excavation take place within 50 feet of a residentially zoned
property line unless the abutting land is subject to an earth removal
permit granted under this bylaw and the owner of such land has granted
written approval for such removal.
(2)
Slopes. No slope created by earth removal operations shall be finished
at a grade in excess of two (horizontal) to one (vertical) unless
specifically authorized in the permit.
(3)
Operations. Upon the conclusion of earth removal operations, all
areas upon which such operations have been conducted shall be covered
with not less than four inches of topsoil capable of supporting vegetation
brought to the finished grades and seeded with a suitable cover crop,
except where ledge rock is exposed, and all large stones and boulders
which protrude above finished grade shall be buried or removed. The
Board shall require the applicant to guarantee growth for the crop
covering such areas within two years of seeding.
(4)
Excavation point. The lowest excavated point shall not be less than
five feet above the existing groundwater table unless a greater distance
is recommended by the engineer who reviews this plan. To ensure the
minimum depth, the property owner shall, at his/her expense, install
observation wells in accordance with the requirements of the Board's
agent.
(5)
Freestanding water. No area shall be excavated so as to allow the
accumulation of freestanding water.
(6)
Routes approved for truck traffic. The routes approved for truck
traffic shall be reviewed by the Police/Highway Departments to determine
safety and road conditions.
(7)
New permits. New permits shall be limited in size and phased to a
certain percentage of the site such that each phase can be completed
within two years as determined by the Board. Permits for subsequent
phases shall be issued only upon evidence of compliance with the bylaw
of the previous phases determined by the Board.
(8)
Other reasonable requirements. The Board may impose other reasonable
requirements consistent with the provisions of this bylaw and such
rules and regulations as the Board may adopt hereunder, including,
but not limited to, grading, constant sloping, seeding, and planting,
fencing or screening necessary for public safety and/or visual aesthetics,
methods of removal, location and use of buildings and other structures,
hours of operation, routes of transportation of earth removed, control
of drainage and disposition of waste incidental to the removal operations.
(9)
Commencing earth removal operations. Prior to commencing earth removal
operations, the applicant shall post with the Treasurer/Collector
of the Town of Millville proper bond in such amount and with such
sureties as determined by the Board to be sufficient to guarantee
compliance with the terms and conditions of the permit. The purpose
of the bond is to assure that funds available assure compliance with
this bylaw and to complete restoration as approved.
A.
Public hearing. Before issuing a permit, the Board shall hold a public
hearing after giving at least 14 days' notice of the time and place
thereof, such notice to be by advertisement in a newspaper of general
circulation in the Town and by certified mail, postage prepaid, to
all abutters as they appear upon the most recent tax list and to the
Conservation Commission of the Town of Millville. This hearing shall
be held within 90 days following the date the application is filed
with the Board.
B.
Review agent. The Earth Removal Board shall submit the application
and the supporting documents to its review agent and shall not act
on the application until review by the agent is completed.
C.
Town boards. The Conservation Commission or any other Town board
or commission shall have the right to question the petitioner. Within
14 days of the receipt of the earth removal application, the Conservation
Commission shall file with the Board a report containing its recommendations.
If no report is filed within 14 days, it shall be deemed that the
Conservation Commission has no objections to the application.
D.
Application for renewal of a permit. Upon application for renewal of a permit, the Board may, in its discretion, grant renewals for periods of up to one additional year without a public hearing. The Board shall give such notice of such application by advertisement in a newspaper of general circulation in the Town and by certified mail, postage prepaid, to all abutters as they appear upon the most recent tax list as certified by the Assessors. If written notice of objection to such renewal has been filed with the Board within 21 days of the giving of such notice, the Board shall take such objection into consideration before taking action on the renewal application. Any renewal application shall meet the requirements set forth in § 55-4A, B and C.
The Earth Removal Board may exempt the following earth removal
operations from the provisions of this bylaw after the applicant has
filed a statement with the Board that the removal falls into one of
the following categories and giving the amount to be removed. The
Board shall decide on such requests for exemption within 30 days.
A.
Earth removal operations for municipal purpose: earth removal operations
for any municipal purpose by or on behalf of the Town of Millville
or any department or agency thereof.
B.
Incidental earth operations: earth removal operations which are customarily
incidental to farming, agriculture, gardening or nursery operations.
C.
Earth removal for construction: earth removal incidental to the construction
of a building or other structure and associated facilities for which
a building permit has been duly issued and incidental to the installation
of walks, driveways, landscaping and similar appurtenances to said
building or structure.
D.
Earth removal for private way: earth removal operations in connection
with the construction or improvement of a private way.
E.
Limited earth removal: earth removal operations involving less than
300 cubic yards.
The Board may adopt and amend reasonable rules and regulations
to carry out the purpose of this bylaw. Said rulemaking authority
includes, but is not limited to, regulations regarding applications,
site plan detail, engineering detail, criteria to be met to protect
aquifers or wetlands, criteria for site restoration notices and enforcement.
Said rules and regulations shall not be effective until reviewed and
authorized by the Board of Selectmen and filed in the office of the
Town Clerk.
[Amended 11-13-2017 STM by Art. 7]
A.
The Board or its authorized agent shall enforce this article, its
regulations, and the requirements and conditions of permits issued
thereunder and may pursue civil and criminal remedies for violations
of the same.
B.
The Building Commissioner is authorized to conduct inspections on
behalf of the Board. To the extent permitted by law, or if authorized
by the owner, operator, or other person in control of the site, the
Building Commissioner or other agent of the Board may enter on the
site to conduct inspections.
C.
The Building Commissioner or other authorized agent of the Board
may issue such orders as are deemed necessary to stop violations and
ensure compliance with this bylaw, its regulations, and permits, including
an order to cease and desist operations. Such orders may be issued
by certified mail, return receipt requested, or by delivery, to the
property owner, permit holder, or person responsible for operations
at the site.
D.
The Board may seek injunctive relief to restrain violations or to
compel abatement or remediation of violations.
E.
Any person who violates any provision of this article or regulations,
permits, and orders issued thereunder may be punished by a fine of
not more than $300 per offense. Each day that such violation occurs
or continues shall constitute a separate offense.
F.
As an alternative to a criminal fine, the Town may utilize the noncriminal
disposition procedures of MGL c. 40, § 21D, in which case
the Building Commissioner shall be the enforcing person. The penalty
for the first offense shall be $100. The penalty for the second offense
shall be $200. The penalty for the third and subsequent offenses shall
be $300. Each day that a violation occurs or continues shall constitute
a separate offense.
G.
If the violator holds a permit issued under this article, the Board
may revoke the permit after a hearing, at which point all operations
shall cease until such time as the necessary measures are taken to
assure compliance with this article and a new permit is issued.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provisions thereof.
