Weymouth City Zoning Code
ARTICLE XIX
Earth Removal
§ 120-80 Removal outside of Town prohibited.
The removal of sod and loam from any land in the Town to any location outside the Town is hereby prohibited under all circumstances.
§ 120-81 Permit required.
The removal of soil, loam, sand, gravel, quarry stone or other earth material from any parcel of land by any person, firm or corporation shall be allowed only under permit from the Board of Zoning Appeals and subject to restrictive covenants of the Board. However, the Inspector of Buildings, without reference to the Board of Zoning Appeals, may issue permits for the removal from the site of earth and may require a suitable bond, if deemed necessary, for the following purposes: wherein the amount of material to be removed is necessarily incidental to or in connection with the construction, alteration, excavation or grading for a building or road or other facility being built in accordance with a permit issued or in accordance with an approved plan, provided that there is reasonable assurance that the construction will be completed.
§ 120-82 Application requirements.
Each application for a permit for earth-material removal shall be accompanied by a plan, submitted in triplicate to the Inspector of Buildings and a copy to the Planning Board at least 14 days prior to the date of the public hearing, prepared at the expense of the applicant by a registered land surveyor or registered professional engineer, showing:
A.
Specifically the boundaries and dimensions of the premises.
B.
The location and dimensions of the area from which the proposed removal of materials is to take place.
C.
Topography by five-foot contours at the area to be excavated and up to at least 100 feet beyond the perimeter of the area included and along all property lines.
D.
Names and boundaries of all abutters.
E.
At least three permanent benchmarks with elevations marked thereon, on Town of Weymouth datum.
F.
Five-foot contours as proposed after completion of the operation.
G.
Topographical detail showing the physical character of the premises, including natural drainage and direction of water flow.
H.
Other information necessary to indicate the complete physical characteristics of the proposed operation which may be indicated by the rules of the Board of Zoning Appeals.
§ 120-83 Conditions of permit.
In granting a permit, the Board of Zoning Appeals shall impose reasonable conditions specifically designed to safeguard the neighborhood and the Town, which may include but not be limited to conditions as to:
A.
Method of removal.
B.
Type and location of temporary structures, fences and barriers.
C.
Hours of operation.
D.
Routes for transporting the material through the Town.
E.
Area and depth of excavation.
F.
Distance of excavation to street and property lines.
G.
Steepness of slopes excavated.
H.
Reestablishment of ground levels and grades.
I.
Provision of temporary and permanent drainage.
J.
Disposition of boulders and tree stumps.
K.
Provisions for dust control, which may include paving.
L.
Replacement of loam over the area of removal.
M.
Planting of the area to suitable cover, including shrubs and trees.
N.
Cleaning, repair and/or resurfacing of streets used in removal activities which have been adversely affected by the removal activity.
§ 120-84 Performance bond.
The Board shall require a bond or other security to insure compliance with its conditions of authorization, unless, in a particular case, it specifically finds that such security is not warranted and so states in its decision, giving the reasons for its findings.
§ 120-85 Expiration of permit; renewals.
Any permit issued shall automatically expire upon the completion of the earth-removal project for which it was issued or at such other time as may be specified in said permit. A permit may be granted by the Board of Zoning Appeals with the provision that it may be renewed for one year, without a hearing, if the Inspector of Buildings finds that all conditions then applicable have been complied with and that the work has been carried on continuously and in good faith.
§ 120-86 Existing operations.
Earth-removal activities in lawful operation on any parcel of land at the time this article is adopted may continue, unless and until abandoned for more than 12 consecutive months, with the following conditions:
A.
Removal operations shall not be extended beyond the property lines of the particular parcel upon which such operations are in progress at the time of the adoption of this article.
B.
At no time of year shall the premises be maintained at levels such that ground- or surface water will accumulate. Such areas shall be either filled or drained.
C.
The depth of excavation shall not be extended below the grade of the lowest point excavated on the effective date of this article.
D.
The total area of excavation shall not be increased by more than 50% over its area on said date.
E.
Removal operations shall be limited to the hours of 7:00 a.m. to 5:00 p.m.
§ 120-87 Review of progress of work; notice of violations; penalties.
A.
The Inspector of Buildings shall review the progress of the work from time to time to assure proper conduct.
B.
The Inspector of Buildings, if he concludes that there has been a violation of this article, shall send to the offender and to the owner of record of the premises, or deliver, such notice of violation and, if applicable, a notice ordering the cessation of the improper activities. If the offender holds a permit issued under this article, such permit may be revoked.
C.
If the permit holder or other offender persists in such violation, the Inspector of Buildings shall seek the imposition of the penalties authorized by MGL c. 40, § 21, Paragraph 18, through appropriate legal action, and the penalty for removing earth in violation of this article shall be a fine of not more than $50 for the first offense after such warning and not more than $50 for any subsequent offense. Each day that willful violation continues shall constitute a separate offense.