Bellingham City Zoning Code
ARTICLE XVII
Earth Removal Regulations
§ 240-112 General.
§ 240-113 Permitted activities.
The following activities do not require a special permit and are not subject to §§ 240-113 through 240-118. However, a permit (for which no fee will be charged), specifying proposed time and estimated volume, must be obtained from the Inspector of Buildings prior to initiation of removal. Such no-fee permit may specify conditions regarding trucking hours, routes, and methods; hours of operation; drainage and erosion control; and exposed face height and slope limits. Unbuilt-on areas shall be restored consistent with the standards of § 240-116, Restoration, within a period to be specified in the permit. Performance security as specified at § 240-114B shall be required by the Inspector of Buildings where other means of assuring timeful restoration are not available.
A.
Removal of less than 50 cubic yards of materials within any twelve-month period.
B.
Removal of less than 2,500 cubic yards incidental to construction on the premises under a currently valid building permit, as indicated on a site plan approved by the Inspector of Buildings under § 240-17, or as required for cellar excavation, driveways, and parking to grades indicated on a plot plan approved by the Inspector of Buildings. However, topsoil stripped and stockpiled or removed from the premises shall be restored to its original location within 24 months of such stripping unless the construction has been completed or is authorized under a currently valid building permit.
C.
Removal of less than 2,500 cubic yards incidental to road construction within a public right-of-way or a way shown on an approved definitive subdivision plan.
D.
Removal on a parcel for which removal was authorized under a legal permit issued prior to adoption of these provisions until the expiration date of said permit, provided that all bylaws, permits, and conditions applicable prior to the adoption of this article shall be complied with. From that expiration date, full compliance with all the requirements of Article XVII of this chapter must be met.
§ 240-114 Permit from Board of Appeals.
Removal shall be allowed only under special permit for an exception issued by the Board of Appeals following written application. The following shall be conditions for such issuance:
A.
The application shall be accompanied by a plan showing all man-made features, property lines, names and addresses of all abutters (from the Assessors), including those across any street or way, and shall be accompanied by topographic information, such as that available on the Town's one inch equals 100 feet topographic maps. Plans for major removal, which are those involving more than 2,500 cubic yards or more than two acres, shall be prepared by a registered land surveyor, and in addition to the above, shall show the following:
(1)
Existing topography in the area for which material is to be removed and for 100 feet beyond that;
(2)
Estimates of the evaluation of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the USGS;
(3)
Grades below which excavation will not take place;
(4)
Proposed finish grades upon completion of removal and restoration activities;
(5)
Proposed cover vegetation and trees.
Two additional copies of materials submitted in applying for major removal shall be provided by the applicant for forwarding to the Planning Board for its review and recommendation to the Board of Appeals. |
B.
A performance bond in the amount determined by the Board of Appeals may be posted in the name of the Town assuring satisfactory performance in the fulfillment of the requirements of the bylaw and such other conditions to the issuance of its permit. Such bond shall have an expiration date not less than six months later than the permit termination date.
C.
Before granting a permit, the Board of Appeals shall give due consideration to the location of the proposed earth removal, to the general character of the neighborhood surrounding such location, to the protection of water supply, and to the general safety of the public on the public ways in the vicinity.
§ 240-115 Removal.
A.
Finish grade shall not lie below a level that would reasonably be considered a desirable grade for the later development of the area, or below the grades specified on the plan accompanying the permit application. The Board of Appeals may specify a base grade below which excavation shall in no event take place.
B.
Provision shall be made for safe drainage of water, and for prevention of wind or water erosion carrying material onto adjoining properties.
C.
A one-hundred-foot buffer strip shall be maintained at all boundaries, and not excavated below boundary grades except at a slope of not greater than three feet horizontal to one foot vertical if such will enhance overall grading.
D.
The visibility, sound, and airborne particulates from processing equipment may 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.
E.
Dust shall be controlled through oiling or chemical treatment of roads except within Water Resource Districts. Within Water Resource Districts, dust control measures shall employ alternative methods that do not involve the use of hazardous materials as defined in this bylaw.
§ 240-116 Restoration.
Forthwith following the expiration or withdrawal of a permit, or upon voluntary cessation of operations, or upon completion of removal to the extent covered by the performance bond (§ 240-114B), that entire area shall be restored as follows:
A.
All land shall be so graded that no slope exceeds one foot vertical rise in three feet horizontal distance and shall be so graded as to safely provide for drainage without erosion.
B.
All boulders larger than 1/2 cubic yard and stumps shall be removed.
C.
The entire area, excepting exposed ledge rock, shall be covered with not less than four inches of topsoil, which shall be planted with cover vegetation adequate to prevent soil erosion.
D.
Bond shall not be released until sufficient time has lapsed to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory.
§ 240-117 Additional conditions.
The Board of Appeals may set conditions in addition to the above, including but not limited to: duration of the permit, hours of the day during which removal may take place, hours during which vehicles may leave the premises, and trees to be planted.
§ 240-118 Renewal or renovation of permit.
No permit shall be issued under the provisions of Article XVII of this chapter for a period of more than two years, but a permit may be renewed upon application without a public hearing; provided that such renewal is approved prior to expiration of the permit being renewed. Prior to renewal, inspection of the premises shall be made by the Zoning Agent to determine that the provisions of this bylaw are being complied with. The Board of Appeals, after hearing any proof of violation of this bylaw, shall withdraw the permit, after which the operation shall be discontinued and the area restored in accordance with § 240-116.