[HISTORY: Adopted by the Town Meeting of
the Town of Southborough 4-10-2006 ATM by Art. 44.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bylaw also repealed former
Ch. 85, Earth Removal, adopted as Art. IXA of the 1983 Code.
This bylaw is intended to provide regulation
for the filling of land and the removal of our valuable natural resources,
including sand, gravel, stone, soil, loam, sod, clay and mineral products
to protect land, water, scenic and historic resources.
As used in this chapter, the following terms
shall have the meanings indicated:
The removal of earth materials from a lot or parcel, including,
but not limited to, sand, gravel, stone, soil, loam, sod, clay and
mineral products.
[Amended 11-1-2021 STM
by Art. 2]
The filling or removal of materials consisting
of more than 400 cubic yards or stockpiling of materials consisting
of more than 100 cubic yards of sand, gravel, stone, soil, loam, sod,
fill and mineral products to or from a lot or parcel not in public
use shall require an earth removal permit granted by the Select Board
unless such removal is:
A.
At the site of, incidental to, and in connection with,
the necessary excavation, grading and construction of a building,
structure, parking areas and appurtenant driveways pursuant to an
approved subdivision, special permit or site plan decision by the
Planning Board; or
B.
Pursuant to a building permit issued by the Building
Inspector on a site on which the earth removal work is occurring on
an existing or proposed slope of 15% or less; or
C.
For the purpose of gardening, landscaping, construction
of walkways, patios, driveways or similar purposes, swimming pools,
installation, repair or replacement of septic systems and wells when
approved by the Board of Health, providing the earth removal work
is on an existing or proposed slope of 15% or less; or
D.
For the purpose of the construction and associated
grading of a street that has been approved by the Planning Board;
or
E.
For the purpose of public works activities related
to the maintenance or improvement of public land or buildings, the
maintenance, reconstruction or resurfacing of any public way; or the
installation of drainage structures or utilities that have been approved
by the appropriate authorities; or
F.
For the removal of earth materials undertaken in connection
with a sand and gravel operation or similar enterprise where such
activity is allowed by zoning; or
G.
For the removal of earth materials undertaken in connection
with an agricultural use if the removal is necessary for or directly
related to planting, cultivating or harvesting or the raising or care
of animals; or
A.
The Select Board (hereinafter "the Board") shall be
the permit granting authority for the issuance of an earth removal
permit. Such permit applications shall be submitted, considered, and
issued only in accordance with the provisions of this bylaw.
[Amended 11-1-2021 STM
by Art. 2]
B.
Any person who desires an earth removal permit shall
submit an earth removal plan prepared and stamped and signed by a
professional engineer registered in Massachusetts, or a registered
land surveyor, as appropriate, showing existing and proposed topography
at a scale of one inch equals 20 feet, including:
(1)
The boundaries and topography of the property, including
contours at a two-foot interval specifically indicating the areas
with slopes 15% or greater on which the earth removal is proposed
to occur;
(2)
The size and location of all existing and proposed
buildings, structures, driveways and parking areas on the site and
the location of all structures on abutting properties within 50 feet
of the property lines of the parcel;
(3)
A plan and narrative description of the method of
removal, including the means proposed to provide erosion and sedimentation
control, to protect groundwater, to control dust, and to protect abutting
properties and/or adjacent areas; and
(4)
A planting plan to ensure permanent revegetation of
the site unless the disturbed area will be covered by gravel, hardscape
or a building or structure.
C.
Based upon the size or character of the project, including
the volume of earth materials to be removed, area of disturbance and
the percent slope on which the work is to occur, the Board may require
additional information or an impact statement or may waive some or
all of the requirements of the earth removal permit application.
D.
The Board shall hold a public hearing within 60 days
of receipt of an application for an earth removal permit. Notice of
said hearing shall be given, at the expense of the applicant, by publication
in a newspaper of general circulation in Southborough and by written
notice to all abutters and abutters to abutters within 300 feet.
E.
The applicant shall make all requests for waivers
in writing. The Board may require the applicant to submit supporting
technical information and documentation to demonstrate why such waiver/s
should be granted. The Board's decision to grant or deny waivers shall
be in writing and shall set forth the reasons for the grant or denial.
A.
The Board shall not approve an application for an
earth removal permit unless it finds that, where applicable, all of
the following requirements will be met:
(1)
Reasonable measures shall be employed to minimize
adverse impacts on wildlife habitats and corridors, natural or historic
landscape features, and scenic vistas and views;
(2)
There shall be no net increase in the rate of stormwater
runoff from the site;
(3)
There shall be no net increase in the volume of stormwater
runoff across the boundaries of the site unless provisions have been
made to tie into the public storm drains, where available, with the
approval of the appropriate parties or authorities or the Board has
determined that all reasonable provisions have been made to minimize
any changes in stormwater runoff at the site;
(4)
There shall be no adverse impacts to groundwater resources
in terms of quantity or quality;
(5)
There shall be no adverse impacts to abutting properties
from any change in volume of stormwater runoff resulting from earth
removal, including erosion, silting, flooding, sedimentation or impacts
to wetlands, groundwater resources or wells;
(6)
The duration of exposure of disturbed areas due to
removal of vegetation, soil removal, and/or regrading shall be set
forth in a written time table and approved by the Board;
(7)
Where the site is not proposed to be covered with
gravel, hardscape, or a building or structure, a planting plan to
ensure permanent revegetation of the site has been approved;
(8)
Areas to be planted shall be loamed with not less
than six inches compacted depth of good quality loam and seeded with
turf grass seed or other appropriate ground cover in accordance with
good planting practice;
(9)
Dust control shall be used during grading operations
if the grading is to occur within 500 feet of an occupied residence
or place of business, school, playground, park, cemetery, or place
of worship; and
(10)
Throughout the duration of the earth removal process
a gravel apron of 15 feet wide and at least 25 feet long shall be
required at any site access from a paved public way to prevent unstable
material from being transported onto the roadway by vehicle tires.
B.
The Board may require a cash performance guaranty
to ensure compliance with these requirements or to reclaim the site.
The form of the bond shall be approved by the Board upon the recommendation
of Town Counsel and the Town Treasurer, as appropriate. With the approval
of the Board and upon the recommendation of Town Counsel and the Town
Treasurer, as appropriate, the applicant may substitute an irrevocable
letter of credit or performance bond in lieu of the cash performance
guaranty. Any performance bond or letter of credit shall be executed
and maintained by a financial institution, surety, or guaranty company
qualified to do business in the Commonwealth of Massachusetts.
A.
Based upon the nature of the application the Board
may impose reasonable requirements or limitations to minimize the
impacts, if any, on abutting properties or uses.
B.
The Board may deny an earth removal permit if it determines
the requirements of this bylaw are not met, or the intent of the application
is to circumvent other provisions of the Town's bylaws or regulations.
C.
No permit issued pursuant to this bylaw shall be effective
for more than one year from the date of issue. A request to extend
said time limits shall be made in writing to the Board at least 30
days prior to said expiration date. After consideration of the request
for extension, the Board may grant or deny such extension, and require
any appropriate changes to this approval. Notice of a request to extend
said time limits, shall be made by written notice at the expense of
the applicant, to all abutters and abutters to abutters within 300
feet.
D.
The failure of the Board to act upon any application
for an Earth Removal Permit for a period of 90 days after receipt
thereof shall constitute approval of the application.
The Board or its authorized agent and the Town
of Southborough shall have the power and duty to enforce this bylaw,
its regulations, decisions, orders, violation notices, and enforcement
orders issued pursuant to this bylaw, and may pursue all civil and
criminal remedies for such violations.
Any determination that a particular provision
or set of provisions in this bylaw are invalid or unenforceable shall
not render ineffective, unenforceable, or inapplicable the remainder
of this bylaw.
