Weymouth City Zoning Code
ARTICLE XX
Earth Filling
§ 120-88 Intent.
The intent of this article is to prevent cumulative damage to landscape and topography and to preserve statistical data which may be useful to the various Town agencies in the performance of their official duties and also to establish procedural steps and guidelines for the filling of land.
§ 120-89 Permit required.
No lot or parcel of land shall be filled with any fill material unless a permit is issued by the office of the Inspector of Buildings, except that no permit shall be required:
A.
For filling lots or parcels of land, provided that the total volume of fill does not exceed 50 cubic yards, or for minor filling done in connection with or incidental to the construction of walks, driveways, walls and landscaping.
B.
Where the filling is necessary or incidental to or in connection with the construction of roads, structures or other improvements or facilities being built in accordance with a lawful permit or in accordance with an approved definitive subdivision plan, provided that there is reasonable assurance that the fill portion will be satisfactorily completed.
§ 120-90 Application requirements.
Each application for a permit required under this article shall be made to the office of the Inspector of Buildings on forms supplied by said office and shall be accompanied by a plan and five copies thereof prepared at the expense of the applicant by a registered land surveyor or a registered professional. One copy of said plan shall be sent to the Board of Public Works, the Conservation Commission, the Board of Health and the Planning Board, for their permanent records, and each of said boards may, within 20 days of said filing, forward to the office of the Inspector of Buildings, for his consideration, their observations, comments and recommendations. Said plan shall show:
A.
Specifically the boundaries and dimensions of the lot or parcel to be filled.
B.
The location and dimensions of the area to be filled.
C.
Topography by two-foot contours of the area to be filled to a distance not less than 100 feet beyond the perimeter of the area to be filled and along all property lines.
D.
Name and boundaries of all abutters.
E.
At least three permanent bench marks with elevations marked thereon, on Town of Weymouth datum.
F.
Two-foot contours as proposed at completion of fill.
G.
Topographical detail showing the physical character of the area to be filled and at least 100 feet beyond the perimeter thereof, including natural drainage and direction of water flow and all significant and outstanding features such as rock formations, ledge, peat, marsh, etc.
§ 120-91 Conditions of permit.
Permits will be granted subject to the following conditions, which will be imposed to safeguard the neighborhood and the Town during the fill operation:
A.
Method of fill.
B.
Filling shall be limited to the hours between 7:00 a.m. and 6:00 p.m.
C.
Provisions for dust control, which may include paving when conditions reasonably indicate.
D.
Planting of the area with ground cover suitable or indigenous to the area, including shrubs and trees.
E.
Fill material shall be some form of earth or earth products. All other material shall be placed in accordance with proper sanitary landfill procedures; provided, however, that no garbage, refuse, industrial waste, toxic materials, flammable liquids or gases, highly explosive materials and junk shall be used.
F.
If the topographical features and/or geological conditions reasonably indicate, borings and test pits may be required.
G.
Cleaning, repair and/or resurfacing of streets which have been adversely affected by filling activity.
§ 120-92 Manner of filling; slope stabilization.
Filling shall be done in such a way that the resulting contours follow smooth, natural curves that conform as nearly as possible to the curves of the surrounding landscape. Upon completion, all slopes shall be appropriately stabilized to prevent erosion and excessive water runoff on abutting lots or abrupt changes in topography near lot lines and to prevent excessive water accumulation.
§ 120-93 Expiration of permit.
Completion of all work under a permit shall be completed within six months of the issuance thereof; provided, however, that for good cause the time may be extended, but not for more than three successive six-month periods.
§ 120-94 Applicability of other laws and regulations.
Nothing in this article shall be construed as permitting the nonconformance with or in violation of any rule or regulation or code of any other Town board or department. All permits issued under this article are issued conditionally for those portions of the premises to be filled which by law come within the provisions of the Wetlands Act, so-called. For those lots or parcels for which filling may come within the provisions of said Wetlands Act, permits under this article shall be issued conditioned on compliance therewith. It is recommended that the Board of Zoning Appeals, Planning Board and Conservation Commission, in granting of relief or permits, provide as a condition thereto compliance with the applicable provisions of this article.
§ 120-95 Violations and penalties.
§ 120-96 Notice of issuance of permit.
No work shall commence on a permit under this article until a notice of the issuance of the same has been recorded at the Norfolk Registry of Deeds or Registry District of the Land Court and evidence of said recording is filed with the Inspector of Buildings. Said notice shall be on a form supplied by the Inspector of Buildings and executed and acknowledged by the owners of record of the land included in said permit. The notice shall contain the names of the record owners, description of said land, appropriate references to title and such other information which may be necessary for recording.
§ 120-97 Fee.
The fee for a permit under this article shall be $25.