Norton City Zoning Code
ARTICLE IX
Movement of Earth Materials
§ 175-9.1 Purpose and intent.
The purpose of this article of the Zoning Bylaw is to provide design, operational, restoration, and performance standards for earth removal projects conducted within the Town of Norton. The intent of the article is to ensure that the operation will not decrease the value of adjacent property and that land from which earthen material is to be removed is left in a state of no less value than prior to the commencement of the operation.
§ 175-9.2 General conditions; definitions.
A.
No earth materials shall be removed from any lot within the Town of Norton unless a special permit has been issued by the special permit granting authority. For the purpose of this article of the Norton Zoning Bylaw, the Planning Board shall be the special permit granting authority.
B.
No permit for earth removal over 500 cubic yards that is incidental to construction shall be issued by the Building Inspector unless the Planning Board has reviewed the application and made a recommendation as required by this article.
C. COMMERCIAL OPERATION EARTH EXCAVATE GRADING POND RESTORATION OR DEVELOPMENT REMOVAL SUBDIVISION CONTROL SURPLUS MATERIAL
Definitions. In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
Earth removal projects where the prime use of the property is proposed for the removal of earth material which will be sold, not including pond restoration, subdivision, and surplus material as defined hereunder.
Includes earth and earth materials, including sod, soil, topsoil, humus, loam, clay, sand, gravel, dredge material, including sludge, peat, muck, stone and quarry stone which may be taken from or filled upon land.
To dig into and remove earth.
Alteration to land surfaces by excavation or filling.
Removal of earthen material in the restoration of known ponds within the Town, their enlargement or the creation of permanent water bodies.
The moving of earth from one location to another, including such moving within the boundaries of a lot or tract of land as well as the removal from any lot or tract of land.
Removal of earthen material from property that is incidental to the installation of the required improvements of an approved subdivision and sedimentation control.
The removal of earthen material from a lot that is incidental for the construction on a lot for which a building permit has been duly issued.
§ 175-9.3 Standards.
A.
Design. All applications submitted to the Planning Board for removal of earthen materials shall be accompanied by the following:
(1)
Properly completed application form which shall include the following:
(2)
Survey and engineering plans properly drawn at an adequate scale on tracing cloth by a registered professional civil engineer and registered professional land surveyor. Seven copies of said plan shall be submitted to the Planning Board and shall include, but not be limited to, the following:
(a)
A perimeter plan of the property showing the name of all immediate abutters as taken from the most recent tax list, and the name and address of the record owner.
(b)
Existing topography based on a current survey showing two-foot contour intervals.
(c)
Cross sections taken at one-hundred-foot intervals, the elevation of the existing grade, finished grade and the groundwater elevation.
(d)
A log of soil borings or test pits; the number of borings or pits taken will vary with the size and geological make-up of the site, but shall be a minimum of one per acre. All borings and pits shall be taken to a minimum depth of six feet below the proposed finish grade.
(e)
A topographical map showing the final grades and drainage facilities after excavation.
(f)
All proposed entrances and exit roads.
(g)
Limits of excavation.
(h)
Locus of plan at a scale of one inch equals 2,000 feet.
(i)
Sedimentation and erosion control plan to be implemented during the excavation operation and after the finished grading; a maintenance schedule to be included.
B.
Operational.
(1)
Operational hours, including warm-up and repairs of equipment, shall be only between 7:00 a.m. and 5:00 p.m. on Monday through Friday, and loaded trucks may leave prescribed premises only within such hours. The frequency of loaded trucks leaving the premises shall be established by the Planning Board, based upon local conditions, as part of the conditions for the special permit, but in no case shall it be greater than one every three minutes. All loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load.
(2)
All trucking routes and load limits shall be subject to approval of the Chief of Police, especially when the route might involve bridges.
(3)
Access roads shall be constructed at an angle of 90° to the public way.
(4)
All access roads leading to public ways shall be treated with cut back asphalt, State Specifications MC-2, and applied uniformly to the full width of the roadway at the rate of one gallon per square yard. This application shall be applied for a distance of 200 feet back from said public ways.
(5)
The operator shall be responsible for daily cleaning of spillage on all public ways occurring as a result of the operation.
(6)
Limits of excavation shall be set by stakes located every 100 feet with a minimum of three feet exposed. A vertical control monument shall be installed in a readily accessible location.
C.
Commercial operations.
(1)
Excavation shall not be permitted at an elevation which is lower than the street or below the lowest existing elevation on the site, whichever is higher.
(2)
Limits of excavation shall be determined as follows:
(a)
When the depth of excavation is five feet or less, earth may be removed within 25 feet of an abutting property line and land shall be restored to a four-to-one slope.
(b)
When the depth of excavation is between five feet and 15 feet, earth may be removed within 50 feet of abutting property lines and the land shall be restored to a six-to-one slope.
(c)
When the depth of excavation is over 15 feet, restoration specifications shall be at the discretion of the Planning Board.
(3)
Active earth removal operations shall not exceed a total area of 10 acres at any one time. Each ten-acre section shall be restored prior to the beginning of the next ten-acre section. No trees shall be removed from the ten-acre section until the first ten-acre section has been appropriately restored.
(4)
No earth shall be removed within six feet of the seasonably high water table. This elevation shall be established from the borings or test pits shown on the topographic plan.
(5)
No area shall be excavated so as to cause accumulation of freestanding water. Permanent drainage shall be provided as needed in accordance with a wetlands permit issued by the Conservation Commission. Drainage shall not lead directly into streams or ponds.
(6)
All topsoil and subsoil shall be stripped from the operation area and stockpiled for use in restoring the area after the removal operation has ceased.
(7)
Any temporary shelters or buildings erected on the premises shall be screened from public view. These structures shall be removed from the premises within 30 days after they are no longer needed.
(8)
No excavation shall be allowed closer than 50 feet to watercourse or wetland. Natural vegetation shall be left and maintained on the undisturbed land at the discretion of the Conservation Commission.
(9)
All debris, stumps, boulders shall be disposed of in an approved location shown on the plan, buried and covered with a minimum of two feet of soil.
(10)
Within 30 days following excavation, final grading shall be established as shown on the approved topographical plan.
(11)
Retained subsoil and topsoil shall be respread over the disturbed area to a minimum depth equivalent to the depth of topsoil on the site plan prior to the beginning of the operation as determined by the soil boring data, or to a mixed depth (subsoil plus topsoil) of at least 12 inches, whichever is less. This soil shall be treated with three tons of lime per acre and 1,000 pounds of 10-10-10 fertilizer per acre and seeded with a grass or legume mixture prescribed by the Conservation Commission. Trees or shrubs of prescribed species will be planted in order to provide screening, natural beauty, and to reduce erosion. The planted area shall be protected from erosion during the establishment period using good conservation practices.
(12)
Upon completion of the operation, the land shall be left so that natural storm drainage leaves the property at the original natural storm drainage points and so that the peak flow runoff from the drainage area to any one point shall have a zero impact.
(13)
Within 30 days after termination of the gravel operation, all equipment, buildings, structures, and unsightly evidence of operation shall be removed from the premises.
(14)
An "as built" plan, prepared by a registered professional engineer or land surveyor, showing all finished grades, depth of loam, drainage facilities, location of buried debris, and which states that the land conforms with the original plan shall be prepared and approved by the Planning Board, prior to the release of the performance bond.
D.
Subdivision control.
(1)
All earthen material removed as part of the installation of required improvements of an approved subdivision plan shall be in conformance with the Norton Subdivision Control Regulations. The removal and grading shall be incidental to the construction of required improvements, and no earth shall be permitted to leave an approved subdivision site that would exceed the amount required for the installation of required improvements and sedimentation controls.
(2)
All topsoil material stripped from the approved right-of-way shall be stockpiled and remain on the site until all required improvements have been completed and the ground appropriately restored. If the Planning Board determines that there is surplus topsoil, then the Planning Board can approve its removal from the site within Town limits.
E.
Pond restoration and development.
(1)
The finish grade of pond restoration and development projects shall be as follows:
(2)
Design of control structures shall be submitted with the application and shall be reviewed by the appropriate state and federal agency prior to approval.
(3)
Existing shorelines of bodies of water shall be followed. However, in instances where a new shoreline would be created, it shall be established at a distance no less than 50 feet from the abutting property.
(4)
All pond restoration and development projects shall receive approval of the Norton Conservation Commission under the Wetlands Protection Act and a discharge permit from the Massachusetts Department of Public Health, Division of Quality Engineering.
(5)
All pond restoration and development projects shall be restored such that all shorelines above the waterline shall be loamed and seeded to a depth of five inches. This shall be done on all areas exposed or disturbed during the operation. The loam and seeding shall be done in accordance with accepted landscaping practices. At the completion of the operation, the applicant shall present a certified "as built" plan by a registered engineer or surveyor that graphically depicts the finished contours of the completed pond and states that the slopes and all other pertinent construction complies with the Zoning Bylaw and the special permit issued by the Planning Board.
F.
Surplus material.
(1)
The removal of surplus material shall:
(a)
Include the material from the construction of building foundations and other allowable structures for which a building permit has been issued.
(b)
Be as may be required in the normal maintenance of property, including private domestic gardening.
(c)
Be as may be required in the performance of public works under municipal, county, or state authority.
(2)
A permit shall be issued for the removal of surplus material subject to the above in the following instances:
(a)
When the application for a building permit is issued, the application shall show if surplus material is to be removed as part of the project. In instances where the estimated material to be removed is less than 500 cubic yards, the Building Inspector may issue a permit for said removal. Said permit shall be part of the building permit for the unit.
(b)
If the application is for more than the removal of 500 cubic yards, then it shall be submitted to the Planning Board and the Planning Board shall review the application and make a recommendation, in writing, to the Building Inspector within 21 days. If the Building Inspector, after the review of the recommendations of the Planning Board, determines that said surplus material removal application complies with the purpose and specifications of this bylaw, then the application shall be approved.
§ 175-9.4 Exemptions.
All earth removal operations are subject to jurisdiction under the bylaw excepting:
A.
Yard grading by individual homeowners not in excess of 50 cubic yards. This jurisdiction and rules set down by this bylaw shall supersede any existing Earth Removal Bylaw or ordinances in the Town of Norton.
B.
Removal of earth material by or on behalf of any department of the Town for or in connection with the construction and maintenance of public buildings, facilities, streets and ways, the construction and installation of public utilities for or in connection with any other public utilities for or in connection with any other public purpose.
§ 175-9.5 Administration.
A.
No special permit for earth removal operation shall be approved by the Planning Board until the Board has held the required public hearing in accordance with Chapter 40A of the Massachusetts General Laws and the Planning Board has determined that the application and plan meet the technical requirements of the bylaw, as well as the following general criteria:
B.
The original and seven copies of the earth removal application and plans shall be submitted to the Town Clerk, who shall give the applicant a dated receipt. Within three days of receipt of said application, the Town Clerk shall transmit the original and two copies to the Planning Board and one copy each to the Board of Health, Building Inspector and Conservation Commission.
C.
The Planning Board shall hold the public hearing on said application and shall consider the recommendations of the Board of Health, Conservation Commission, and the Building Inspector if such information is submitted as part of the transcript of the public hearing. The public hearing shall be held in accordance with Chapter 40A of the Massachusetts General Laws.
D.
Prior to the commencement of operation, the applicant shall submit to the Town a performance bond in an amount sufficient to cover the cost of restoring the earth removal operation as required by this bylaw. The Planning Board shall set the amount of securities, which shall be part of its decision. The release of the securities shall be subject to the approval of the Planning Board and this release shall be only after the project has been completed and an "as built" plan, prepared by a registered professional engineer or land surveyor, showing all finished grades, depth of loam, drainage facilities, location of buried debris, and which states that the land conforms with the original plan shall be prepared and approved as part of the special permit. In the instance of subdivision control, the Planning Board may incorporate the bonding procedure for the earth removal operation with the bonding procedure under Chapter 41 of the Massachusetts General Laws. Drainage of surrounding properties as a direct result of earth removal operations shall warrant withholding the performance bond until such damage is repaired and the area restored to its natural condition.
E.
Special permits for earth removal shall be issued for an initial period of one year. One renewal permit for an earth removal operation may be issued by the Planning Board as an extension of the original permit without a new hearing.
F.
Following the approval of a special permit by the Planning Board and prior to the commencement of the operation, the applicant shall obtain an operational permit from the Building Inspector. The Building Inspector shall be responsible to enforce the provisions of this bylaw with respect to the operation, as well as any other conditions imposed on the operation by the Planning Board as a condition for receiving the special permit. If, at any time during the operation, the applicant or his agents are not performing in compliance with the Zoning Bylaw or the conditions imposed by the Planning Board, the Building Inspector shall issue a cease order.