The text
Footnotes:
--- (3) --- Cross reference— Soil erosion and sediment control, § 12-31 et seq.; excavations, § 24-31 et seq.
Sec. 12-101. - Authority and purpose.#
Acting pursuant to the authority granted to the town by the town Charter, G.L. 1956, § 45-22-1 et seq., and G.L. 1956, § 45-24-27 et seq., this article is adopted for the purpose of promoting the health, safety, general welfare, and to effect uniform regulations within the town for removal of earth as defined in this article and in implementation of the goals and objectives of the town's comprehensive plan.
(Ord. of 8-25-1999, § 16-1)
Sec. 12-102. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building official means the person appointed by the town manager and charged with the duty to enforce the provisions of the town building code and any other applicable federal, state and local laws or ordinances, rules and regulations, etc.
Permittee means the property owner of record to whom the town has issued a permit for earth removal in accordance with this article and other applicable state and federal laws, etc.
Removal of earth (earth removal) means the extraction, quarrying or removal of any soil, loam, sand, gravel, stone, clay, shale, or other earth materials from deposits on any tract of land on which it is found. Excluding, however, earth removal: (1)
Less than ten cubic yards of material in the aggregate in any year from any one lot.
(2)
Grading land for construction of a public roadway or other infrastructure.
(3)
For a subdivision in accordance with a plat plan or plans approved or in accordance with an ordinance of the town or any duly authorized board of authority thereof or for the construction of a building for which a building permit has been issued; provided, however, that the improvements and alterations proposed are implemented within a reasonable timeframe and that removal of such material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance does not exceed that actually displaced by the portion of such buildings, structures, streets, driveways, sidewalks, or paths or other appurtenances below finished grade.
Zoning board of review means the zoning board of review of the town in accordance with the town Charter, and the general laws of the state.
(Ord. of 8-25-1999, § 16-2)
Cross reference— Definitions generally, § 1-2.
Sec. 12-103. - Permit required.#
As a condition precedent to any earth removal as defined in this article, a permit shall be required to be issued by the town council, through the town clerk's office, following a public hearing to be held by the town council, and upon submission of the documents and approvals required in this article and the payment of a permit fee of $250.00 to the town for the initial permit. A permit shall be valid for a two-year period from the date of issue. A renewal permit shall be good for a two-year period. The charge for a renewal permit shall be $50.00. The permittee shall be responsible for all costs of advertising and personal notice. The renewal dates for licenses shall be determined by the town council. (1)
The permit shall be issued only to the property owner of record (permittee) and shall not be transferable. This permit shall expire at the end of two years and must be renewed biannually on a schedule determined by the town council. Together with an application for renewal of an earth removal permit for another period, plans shall be submitted to the building official, showing any change or anticipated change from originally submitted plans of earth removal activities. If no changes are anticipated for the coming year, submission of new plans are not required, but the owner of record must so certify in writing upon application for renewal.
(2)
The town clerk, upon receipt of an application for renewal of an earth removal permit, shall notify the building official who shall make a field inspection of such earth removal activities to determine compliance with plans and approvals on file. The building official's written findings shall be sent to the town council with his determination of compliance or noncompliance. The town council, through the town clerk's office, may thereafter issue the permit for another period upon determination of compliance by the building official. The permit shall not be reissued until compliance with this article is demonstrated. If the building official is required to make more than one field inspection, there shall be a $25.00 charge for each subsequent inspection. Full payment must be received by the town prior to renewal of the permit.
(3)
In granting, issuing or reissuing a permit under this article, the town council may impose such other additional reasonable conditions specifically designed to safeguard the neighborhood and the town, which may include conditions as to the overall operations set forth in this article, and specifically, as relating to the site plan and restoration plan requirements, and limitations on the processing of material.
(Ord. of 8-25-1999, § 16-3)
Sec. 12-104. - Submission requirements.#
The following shall be submitted to the town council with the completed application for a permit: (1)
A letter from the building official documenting the zoning status of the lots on which earth removal is proposed to occur. A certification from the tax collector that taxes are current and a statement from the tax assessor listing any exemptions applying to the property shall be furnished with the application.
(2)
A site plan of the entire property using a scale of not less than 100 feet to the inch and with existing contours of not more than two feet, prepared by a registered engineer or land surveyor (registered in the state) in compliance with the provisions of this section and setting forth:
a.
Lot lines, list of abutters within 200 feet of the subject property, adjacent public streets, watercourses, wetlands, and a location plan at a scale of not less than 400 feet to the inch. The applicant shall be responsible for notifying the abutters of the date, time and place of the public hearing by certified mail. The return receipt for the certified mail shall be returned to the town clerk.
b.
Proper provision for vehicular traffic, service roads, control of entrances and exits to highways.
c.
The relation of temporary and future buildings and operations machinery to the removal areas, delineation of removal areas and depths with estimates of cubic yards of material to be removed; fencing; method of removal; distance of excavation to street and lot lines.
d.
A fencing plan shall be required which secures the area of earth removal. Specifically, when an excavation will have a depth of more than 15 feet or any slope greater than 1 to 2, the fence shall be a minimum of six feet in height. Fencing must be installed to control access to all areas under construction and all potentially dangerous site conditions. Fencing shall be installed in areas adjacent to zoned residential properties, town owned properties and public roadways. Gates which can be locked will be installed as required by the town council.
e.
Off-street parking shall be provided for all employees and all vehicles and equipment utilized in the extraction or transportation operations. The erosion and sediment control plan shall provide for safe storage of petroleum products and all chemicals used on the site.
(3)
A restoration plan prepared by a registered engineer or land surveyor (registered in the state) in compliance with the provisions of this section at the same scale required for the site plan in subsection (2) of this section and setting forth the existing contours of the tract of land with a contour interval not exceeding two feet, based upon classifications of preliminary samples of the material to be removed:
a.
The final contours of the tract of land with a contour level not exceeding five feet upon completion of earth removal operations; and
b.
The type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion; provided however, if suitable fertile ground cover existed at the beginning of earth removal, enough of such ground cover to be held in reserve and reapplied for a minimum thickness of three inches. The land restoration plan and its implementation applies to the conversion of the site and its planned restoration. It is therefore, required that:
1.
A land restoration plan shall divide the parcel from which earth is to be excavated into various sections. No section shall be greater than five acres. The permittee may not commence excavation or ground cover removal on a second section until restoration has been completed on 75 percent of the previous section. Earth or ground cover removal shall not commence on a third section until restoration has been completed on the first section and 75 percent of the second section. Succeeding sections shall be excavated in the same manner. No excavation shall remain unrestored for a period in excess of four years. However, the town council may require a shorter period for restoration.
2.
The land restoration plan or any part thereof applied to an area shall be put into effect not later than one year of cessation of normal earth removal operation and completed by the timetable contained in the restoration plan.
3.
A certification by a registered engineer, landscape architect or registered land surveyor that the section as restored complies with the restoration plan.
4.
If the restoration plan set forth in subsections (3)b.1. and 2. of this section is not complied with, the town, by its town manager, is authorized and empowered to undertake and complete such plan and the owner of such tracts of land shall reimburse the town. The town shall have a lien recorded on such tracts of land for reimbursement of such expenses.
5.
An erosion and sediment control plan is to be submitted and approved by the building official, as required by the erosion and sediment control ordinance.
6.
A cash bond not to exceed $1,500.00 per acre of such section being excavated to ensure compliance with the restoration plan and reasonable additional amounts as required by the town council to ensure repair to town roads for damage by any hauling operation.
7.
A certification that any federal and state permits necessary have been received.
(4)
The applicant shall furnish as many copies of the material required as determined by the town clerk.
(5)
Other requirements as may be determined by the town council.
(6)
The permittee shall be required to furnish the town manager and building official with the name of the contact person within the company, the proper address where official correspondence shall be mailed, and related phone numbers. It is the permittee's sole responsibility to notify both the town manager and building official immediately upon a change of contact person or an address change.
(Ord. of 8-25-1999, § 16-4)
Sec. 12-105. - Operating conditions.#
(a)
Earth removal operations shall be limited to the hours between 7:00 a.m. and 6:00 p.m. of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday (except when one of the aforementioned days falls on a legal holiday). Upon written request the town manager or designee may authorize earth removal on Sunday, on a legal holiday, or the hours prior to 7:00 a.m. or after 6:00 p.m. for emergency purposes only. Specific written authorization shall be required. A copy shall be maintained on the premises and the property owner or his representative shall notify the town police department a minimum of 24 hours prior to the dates affected.
(b)
The initiation or lateral expansion of earth removal is hereby prohibited:
(1)
Within 200 feet of a public road.
(2)
Within 200 feet of neighboring lot lines.
(c)
The approved fencing plan must be maintained in good order by the property owner (permittee) and any changes from the original plan shall be approved prior to their implementation. The town manager or designee may approve changes to the fencing plan or may refer the matter to the full town council for further consideration if deemed necessary. Failure to properly maintain the approved fencing plan shall be grounds for revocation of the permit.
(d)
Calcium chloride or another type of product/application shall be applied at sufficient intervals as directed by the building official to reduce dust and mud on all nonsurfaced roads to be used for vehicular ingress or egress to the tract of land on which earth removal is to be conducted. If a product other than calcium chloride is being considered, the building official or designee shall pre-approve the product/application.
(e)
Where deemed appropriate by the town manager or designee, the installation, maintenance, and operation, by the applicant, of continuous recording instruments to measure the effectiveness of all equipment used for drilling, digging and hauling, to control or lessen noise, vibration, smoke, water pollution, odors, fly ash, dust, fumes, vapors, gases, and other forms of air pollution, toxic gases, heat, glare and fire or other safety hazards shall be required. The town manager or designee also may require that such recording instruments be tested at reasonable intervals, under the direction of the building official, to determine their accuracy and that the results of such test be filed with the town manager.
(f)
Drainage shall be provided to prevent the permanent collection and stagnation of surface waters or underground waters, and to prevent the flooding and erosion of surrounding property and the pollution of ponds and streams.
(g)
Earth removal shall not encroach closer than four feet to the groundwater table.
(1)
Groundwater table elevation determinations shall be made on all land from which earth products will be removed. Procedures for groundwater table elevation determinations shall be made in the same manner as required by the state department of environmental management (DEM) in their rules and regulations establishing minimum standards relating to location, design, construction and maintenance of individual sewage disposal systems.
(2)
Any changes made in such DEM regulations relative to groundwater level determination from time to time shall be considered part of this section.
(3)
The building official or designee shall witness all percolation and groundwater determinations and shall provide for the certification and accuracy of technical data recorded.
(4)
Permanent water bodies shall not be created as a result of earth removal activities, unless approved as part of a soil erosion and sediment control plan under the town's erosion and sediment control ordinance.
(h)
All trucking activity and all routes into/out of the proposed earth removal operation shall be safe and not contrary to the public convenience.
(1)
Any access to excavated areas or areas in the process of excavation shall be adequately posted with warning signs as determined by the town manager or designee.
(2)
Access roads shall be constructed with a curve so as to help screen the operation from public view.
(3)
The impact on traffic including but not limited to the trucking routes, times, and methods shall be subject to the approval of the chief of police. Routes must be cleaned, repaired and/or resurfaced by the earth removal operator as determined by the town manager or designee.
(i)
The use of explosives shall be done in accordance with the regulations for storage or handling of explosives as set forth by the state and applicable utility companies/agencies, etc.
(Ord. of 8-25-1999, § 16-5)
Sec. 12-106. - Appeals.#
Appeals from the decision of the town council shall be taken in the same manner as appeals from decisions of the zoning board of review as set forth in G.L. 1956, § 45-24-69.
(Ord. of 8-25-1999, § 16-6)
Sec. 12-107. - Revocation of licenses.#
Any permit issued under the authority of this section by the town council may be revoked for violations of any of the provisions hereof after notice and a public hearing. The town council shall fix a reasonable time for the hearing on revocation, give public notice thereof of at least ten calendar days prior to the date of hearing, as well as due notice to the party in interest, by regular mail and decide the same within a reasonable time, which decision shall be in writing and contain appropriate findings of fact. Upon hearing, any party may appear in person or by agent or by attorney.
(Ord. of 8-25-1999, § 16-7)
Sec. 12-108. - Other provisions.#
(a)
Any person, firm or corporation violating any of the provisions of this article shall be subject to a fine as a penalty not exceeding $100.00 for each offense; each and every violation and nonconformance of this chapter, each day that any provision shall have been violated, shall be construed as a separate and distinct violation thereof. All such fines shall be to the benefit of the town.
(b)
Suit may be brought in the superior court in the name of the town to restrain any violation of or compel compliance with the provisions of this section.
(Ord. of 8-25-1999, § 16-8)