The removal of earth from all zoning districts of the Town of Medfield shall be permitted only after special permission of the Select Board and under these rules and regulations. The Select Board shall grant no such permit except in conjunction with the construction of subdivision streets approved by the Planning Board; public works or other municipal projects approved by a public authority; or private land development where the Select Board find that no reasonable alternative contour plan is practicable, and, in that event, that minimal disruption of the natural contours of the site may be permitted. Furthermore, the Select Board shall grant no such permit as would, in their opinion, adversely affect the scheme of growth laid down in the Zoning Bylaw or elsewhere, or the economic status of the Town, or tend to impair the beauty of the Town, or of the district most immediately affected, or result in health or other hazards.

If any earth shall be removed without obtaining a special permit or otherwise in violation of this Article, the Select Board may order the restoration of the property involved in accordance with the provisions of this Article. Such an order of restoration will not constitute a waiver of any other fines or penalties for such violations.

All applications for approval or endorsement for the removal of earth in the Town of Medfield shall be made in accordance with the rules and regulations hereinafter set forth.

Before an applicant can obtain a permit for the purpose of removing earth in the Town of Medfield, he shall present to the Select Board an original and five copies of a plan made by a registered engineer or registered land surveyor, which shall show in detail the following information:

The Select Board will act upon application for approval of earth removal only when proper plans have been submitted with all information that is required clearly shown.

Before approval is granted, a public hearing shall be held by the Select Board, notices of which shall be sent by certified or registered mail with return receipt to mortgagees, if any, of the applicant's property and to all owners of property as appearing on the most recent tax list, any part of which lies within 100 feet of the property of the applicant.

The applicant shall arrange and pay for such publications and notices and shall deliver a list of said mortgagees, property owners, return receipts, and a copy of the paper containing the notice of the hearing to the Clerk of the Select Board at least 24 hours prior to the hearing.

The notice shall appear in a paper of general circulation within the Town, once in each of two successive weeks, the first publication at least 14 days before the day of the hearing.

The word "applicant" as used in these rules and regulations shall mean the owner of the property or his or her legal representative or persons authorized by the owner.

Corporations shall file with the Select Board a list of their officers and designate their authority to sign legal documents.

Before approval of any plan, and in order to insure the fulfillment of the following requirements, the Select Board will require a proper bond, or deposits of money, or negotiable securities on a scale of not less than $10,000 per acre, for which restoration could be required, the exact amount to be set by the Select Board.

Said bond or security shall be held by the Town of Medfield until all requirements of the specifications have been complied with. The Select Board shall be the agent to enforce compliance with these rules and regulations, and upon satisfactory completion will release the security.

No applicant will be allowed to work more than one five-acre grid at any one time.

Trees are to be cut (not bulldozed).

All trees and brush are to be chipped on the site, unless removed for commercial purposes. Stumps are to be either chipped on the site or removed in accordance with DEP regulations.

All loam and subsoil must be bulldozed into piles for future respreading, except that loam and subsoil lying below proposed impervious surfaces on a site may be removed in accordance with the provisions of this Article 12.

Earth may be removed only to contours as specified by the Select Board. In earth removal areas, ledge shall not be left exposed above the approved grade, and boulders, when encountered, shall be buried at least such that their tops are four feet below the approved grade, and in the event that ledge is encountered prior to reaching the approved grade, a revision of the approved grade plan must be immediately obtained.

After the earth has been removed from the first five-acre grid, and before proceeding to the next five-acre grid, excavation shall be graded to the approved grade and all loam and subsoil shall then be respread over the excavation, except in such areas as are required in subsequent operations.

Rye grass shall be seeded on this reloamed area at the rate of 200 pounds per acre.

Fingerling fir, white pine or other approved trees shall be planted over the entire area, five to six feet on centers.

Upon completion and approval by the Select Board of the five-acre grid, the security may be released in part or in whole or it may be advanced to the next grid.

Noncommercial removal of earth for the improvement of a person's property in an area not exceeding one acre will be allowed on a weekly permit upon such conditions and terms as specified by the Select Board. This type of permit must be renewed every seven days at a time and place set by the Select Board.

If a violation of the terms of an earth removal permit occurs, the Select Board shall forthwith revoke the permit and not renew it until the violation has been corrected to the satisfaction of the Select Board.

These rules and regulations governing earth removal uses in the Town of Medfield shall not apply to operations that were in progress and operated on land owned by the applicant prior to April 9, 1938, except that the final grade of the land shall be approved by the Select Board immediately upon the approval of this Bylaw.

The Select Board may delegate authority to inspect the earth removal operations under these rules and regulations.

The Select Board shall reserve the right to limit the days and hours of operation and may require antidust treatment in those areas that, in the Select Board's opinion, require such treatment.

The Select Board may also require additional surety to cover the cost of damage to existing Town roadways or cleanup requirements caused by the earth removal operation.

Removal of earth without a valid earth removal permit or in excess of the amount specified in a permit or otherwise in violation of any stated condition of a permit shall be punishable by fine as follows: $100 per cubic yard, each cubic yard constituting a separate violation.

The enforcement officer for this Earth Removal Bylaw shall be the Chief of Police and any police officer, and the Building Inspector. An applicant may appeal an enforcement officer's determination as to the existence of a violation or the amount of a fine by requesting a hearing before the Select Board.

The Select Board, in addition to any other remedies available to the Town, shall have the right to withhold consideration or approval of an applicant's request for additional earth removal while any fine levied under Subsection A remains unpaid.