[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8. Amendments noted where applicable.]
Property maintenance — See Ch. 122.
Solid waste — See Ch. 138.
Editor's Note: This Article also superseded former Ch. 49, Dumping, comprised of Art. I, Landfill Material, derived from Ch. 2, Sec. 10, of the 1992 Town of Abington Bylaws; and Art. II, Control of Dump and Compost Site, derived from Ch. 7, Sec. 2, of the 1992 Town of Abington Bylaws, amended by Art. 34 of 1996 ATM.
[Amended 4-2-2012 ATM by Art. 15F; 6-9-2014 ATM by Art. 20; 6-6-2016 ATM by Art. 9]
No person shall dump or allow to be dumped any fill material on any property in the Town of Abington in excess of 100 yards without first receiving a permit therefor from the Planning Board. For the purposes of this Bylaw, the term "fill material" shall include debris, refuse, sand, gravel, or other types of earth or other materials of any kind.
No action shall be taken on application for a permit unless it includes:
An abutter list, based upon the most recent data available to, and certified by, the Town Assessor, identifying all direct abutters to the property at which the fill is to be placed (the "subject property"), and all abutters and abutters to abutters within 300 feet of the subject property;
A plot plan describing the subject property and indicating where on the property the fill is to be placed, as well as existing and proposed topography of the affected area;
A description of the fill (i.e., what material consists of) and its origin;
A description of the amount of fill proposed to be placed at the subject property;
A list of how many loads will be required to bring the fill on the subject property;
A list of what size trucks will be used, including a description of the weight of the largest fully loaded truck;
A description of the truck routes to be taken to access and leave the subject property;
A description of the proposed hours of trucking; and
A description of the measures to be used to control spilled material and dust (i.e., sweeping and water spraying.
Upon receipt of such an application that contains all of the necessary documentation set forth above, the Planning Board shall schedule a public hearing and provide written notice, at the expense of the applicant, to the abutters and abutters to abutters within 300 feet, of the public hearing by certified mail and by regular mail, which written notice shall be mailed at least 14 days prior to the date of the scheduled public hearing.
If the Planning Board determines it is appropriate to grant a permit allowing the fill material to be placed, the Planning Board may impose reasonable conditions on such permit including but not limited to: size, number, and maximum weight of trucks that may access the property within any twenty-four-hour period; implementation of spill control and dust control measures; requirements applicable to loaming and seeding of material; and implementation of erosion and sedimentation control measures to prevent the material from moving off site or into nearby wetland or water resources during a storm event. If such conditions are thereafter violated, the Planning Board may immediately revoke the permit if the public health and safety so require, or otherwise upon 24 hours' notice to the holder of the permit.
Any such permit shall expire one year from the date of issuance. A current permit may be extended for an additional three months by vote of the Planning Board at any meeting, provided that the request for the extension is received before the permit expires and that such vote otherwise complies with the Open Meeting Law, as it may be amended from time to time.
The Planning Board shall hereby be authorized to promulgate rules and regulations as may be necessary or desirable to implement this section.
The provisions of this section shall not be applicable to the Town of Abington or any individual or business organization performing services pursuant to a contract or subcontract with the Town of Abington ("Town Contractor"). However, prior to commencing any undertaking which would otherwise be subject to this section, the Town of Abington or any Town Contractor shall file a plan for such undertaking with the Planning Board and may consult with the Planning Board on the implementation of said plan.
This article may be superseded by the rules and regulations of the Planning Board.
[Amended 6-6-2016 ATM by Art. 9]
The Town Landfill and compost site shall be under the control of the Board of Health and no person shall maintain a landfill on any other premises in the Town.