The text
Footnotes:
--- (2) --- Cross reference— Nonissuance and nonrenewal of licenses or permits to applicants or licensees in arrears in taxes, liens and assessments, § 42-1.
State Law reference— Soil erosion and sedimentation control, G.L. 1956, § 45-46-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 30-31. - Purpose of article.#
The purpose of this article is to promote the health, safety and general welfare, and to effect uniform regulations within the town for earth removal, pursuant to Public Laws of 1973, ch. 190.
(Ord. of 10-3-94, § 1)
Sec. 30-32. - 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 inspector means the individual charged by the town with the issuance of building permits.
Earth removal means the extraction or removal (without the blasting of ledge) of any sand, gravel, loam, topsoil, small stones, clay or shale from any tract of land, excluding, however, earth removal necessary in the process of grading land for: (1)
The construction of a building for which a building permit has been issued;
(2)
The construction of a roadway; or
(3)
A subdivision in accordance with a plat plan or plans approved by the planning board of the town.
The definition of the term "earth removal" does not encompass or include any activity requiring or entailing the blasting of ledge.
Gravel bank means a lot or parcel of land, or portion thereof, which is used for the purpose of extracting stone, sand, gravel, loam or other earth materials or the removal of 1,000 cubic yards or more of material.
Ledge means a layer or mass of metal bearing rock.
Residential use means any use for dwellings, including use as a multifamily dwelling.
Small stones means rock fragments less than three inches in diameter.
Town engineer means the individual or company contracted, employed or appointed by the town to provide engineering services to the municipality for purposes of this article.
(Ord. of 10-3-94, § 2)
Cross reference— Definitions generally, § 1-2.
State Law reference— Definitions, Public Laws of 1973, ch. 190, § 2.
Sec. 30-33. - Residential use area regulations.#
Upon any land located within a residential use area, or within 150 feet of such a residential district: (1)
Hours and days for work. All work shall take place between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. No work shall take place on Sunday and legal holidays. The town council shall modify these hours depending upon their findings of conditions in each application case.
(2)
Setbacks. No earth removal shall be conducted within 150 feet of the boundary of any property used for residential purposes.
(3)
Fencing. The boundary of any tract of land upon which earth removal is being conducted adjacent to developed residential property shall be fenced if deemed necessary to protect public safety, as determined by the town council. Such fencing shall be six feet in height and of such construction as to effectively control access to the area in which such earth removal is being conducted.
(4)
Dust control. Asphalt, stone or water shall be applied to all nonhard-surfaced roads used for vehicular ingress or egress to any tract of land upon which earth removal is conducted, and to the regularly traveled roads within any such tract of land. Such applications shall be made at intervals and in amounts sufficient to prevent observable dust from rising from the road surface, or upon the request of the town.
(5)
Drainage. A plan for adequate drainage shall be presented to the town council, if requested, and prepared by a registered professional engineer.
(Ord. of 10-3-94, § 6)
Sec. 30-34. - Regulations for removal in areas other than residential.#
Within any district or area other than residential use area: (1)
Dust control. Asphalt, stone or water shall be applied to all nonhard-surfaced roads used for vehicular ingress or egress to any tract of land upon which earth removal is conducted, and to the regularly traveled roads within any such tract of land.
(2)
Drainage. A plan for adequate drainage shall be presented to the town council, if requested, and prepared by a registered professional engineer.
(3)
Hours and days when removal is prohibited. Earth removal operations shall not be conducted during the period from 6:00 p.m. to 7:00 a.m. of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, nor shall such operations be conducted on any Sunday or legal holiday. Earth removal operations during the times or days prohibited in this subsection may be authorized by the town council upon an application showing good cause.
(Ord. of 10-3-94, § 7)
Secs. 30-35—30-55. - Reserved.#
DIVISION 2. - ADMINISTRATION AND ENFORCEMENT#
Footnotes:
--- (3) --- Cross reference— Administration, ch. 2.
Sec. 30-56. - Enforcement of article.#
This article shall be enforced by the town council or its agent.
(Ord. of 10-3-94, § 12)
Sec. 30-57. - Fines.#
In addition to any provisions for termination or forfeiture in this article, any person found guilty of violating this article shall be subject to a fine of $500.00 per acre, per day, for each day such person shall be in violation of this article.
(Ord. of 10-3-94, § 13)
Sec. 30-58. - Revision of earth removal plan.#
A licensee under this article may apply for the revision of the plan contained in an approved application. Such application for revision shall be limited in scope to the area of land covered in the previously approved application, shall meet the requirements of an original plan as specified in this article, shall contain a statement indicating the applicant's reason for seeking a revision, and shall specify the time within which earth removal shall cease and the revised plan be complied with. Such time shall not exceed the then unexpired portion of the time specified therefor in the original, approved application. Such revised plan may be approved by the town council upon its finding that the same meets the requirements of sections 30-33 and 30-34 for the approval of an original application and that the revision is not sought to alleviate a hardship created by the licensee's failure to conduct earth removal operations in such a way as to reasonably anticipate the needs of, and provide for the implementation of, the plan contained in the original application.
(Ord. of 10-3-94, § 15)
Sec. 30-59. - Appeals from council decisions.#
Appeals from the decisions of the town council shall be taken to the superior court having venue over the town.
(Ord. of 10-3-94, § 18)
Secs. 30-60—30-80. - Reserved.#
DIVISION 3. - LICENSE#
Sec. 30-81. - Application requirements.#
A complete application for an earth removal license shall be made to the town council. A complete application will be forwarded to the planning board and the gravel bank commission for review and advisory opinion. Such application shall be accompanied by the following documentation: (1)
Copies of maps and plans. Four copies each of proposed preliminary maps and plans prepared by a professional engineer or registered land surveyor, drawn to a scale of one inch equals 100 feet and showing accurately the following:
a.
The entire premises owned and the limits of the area for which a license is requested.
b.
Existing and proposed land contours at a vertical contour level of not more than two feet within the license area, and of not more than ten feet within 200 feet in all directions therefrom.
c.
Existing and proposed drainage, rivers, streams, ponds, watercourses and swamps on and within 200 feet of the premises owned.
d.
Certification of maximum groundwater elevation during the wet season as defined by the state department of environmental management shall be provided and documented by test well results prepared by registered engineers. Such testing shall be performed throughout the license area.
e.
Proposed ingress and egress to the license area, and all fences and gates.
f.
A permanent point or benchmark in a location safe from disturbance for the duration of the license, with a designation of its elevation.
g.
The storage area in which the applicant will initially stockpile sufficient topsoil, as calculated by a professional engineer, soil conservation commission or land surveyor, to cover the area to an average depth of no less than four inches.
h.
The proposed time period of productivity for the gravel bank in its entirety as well as a map showing the proposed areas for phased operation.
i.
If suitable fertile ground cover existed at the beginning of earth removal, then such plan shall show that enough of such ground cover is to be held in reserve and reapplied for a minimum thickness of four inches.
j.
The type of ground cover to be planted or applied upon completion of earth removal operations to effectively control wind and water erosion.
k.
The location of any proposed burial areas for stumps, boulders, etc.
l.
Any other information as requested by the town council and/or planning board and/or gravel bank commission which may be pertinent to the existing or proposed gravel bank.
(2)
Slopes; certified opinion. A written certified opinion by a registered engineer that upon completion of earth removal operations all slopes on such portion of the tract as set forth in the closure plan shall remain at the natural angle of repose.
(3)
Completion of closure plan; renewals. The time for compliance is not to exceed two years within which earth removal shall cease, and such closure plan will be completed, unless an application for renewal of the license to perform earth removal activities for the same area is filed before the expiration of the initial two-year license period. Such renewal license shall be for a period of one year.
(4)
Performance bond.
a.
Before approving an earth removal plan or application, the planning board or its designee shall require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities or other method of surety, as specified by the planning board or its designee, when any land disturbing activity is to take place. A performance bond shall be required when any land disturbing activity is to take place within 100 feet of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of ten percent. The amount of the bond shall be set at $5,000.00 per acre and be sufficient to cover the cost of implementing all restoration measures as shown on the plan, including reclamation procedures in conjunction with a plan for closure.
b.
The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount and manner of execution by the planning board. Notice of default on performance secured by bond whenever the building official finds that default has occurred in the performance of any terms or conditions of the bond, or in the implementation measures secured by the bond, a written notice shall be made to the applicant and to the surety of the bond by the building official. The notice shall state the nature of the default, work to be done, the estimated cost and the period of time deemed by the building official to be reasonably necessary for the completion of the work. Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in such notice of default shall mean the institution, by the town solicitor, without further notice or proceedings whatsoever, of appropriate measures to utilize the performance bond to cause the required work to be completed by the town, by the contractor or by other appropriate means as determined by the planning board.
c.
Notice of default on performance secured by cash or negotiable securities deposit. Once the cash or negotiable securities deposit has been posted by the applicant, the notice and procedure shall be the same as provided for in subsection (4)b of this section.
d.
Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for 12 months following completion of the closure plan, or longer if deemed necessary by the building official or his designee.
(5)
Equipment and machinery. The number and type of equipment and/or machinery to be used, in the operation of the gravel bank and its location if it is to be permanently situated within the gravel bank. Such equipment, if permitted, must be for use on that site only, and is only for the duration of the gravel bank operations. A list of such permanent equipment shall be submitted to the town tax assessors and updated on an annual basis.
(6)
Permitting statement. A sworn statement indicating whether the applicant has made application for and/or secured all necessary permits required under any other federal or state law or town ordinance including a list of such permits applied for and/or secured.
(7)
Applicable licensure for use or operation of earth removal equipment. A list of any and all applicable licenses and/or permits for the use or operation of earth removal equipment or machinery.
(8)
Fee. A fee of $100.00 per application, plus costs and fees incurred by the town.
The planning board and the gravel bank commission will have 45 days from the time the town council accepts the application as complete to conclude their review and forward their respective advisory opinions to the town council. The applicant will then prepare and submit a final plan for the license.
(Ord. of 10-3-94, § 3; Ord. of 12-4-95)
Sec. 30-82. - Issuance and fee.#
(a)
No person shall open or operate a gravel bank or engage in earth removal without first obtaining a license from the town council. Such earth removal license shall be a condition precedent to earth removal in the town. Prior to any license being issued, the town engineer shall inspect the site where the gravel bank is operating or where a gravel bank is proposed or where earth removal is proposed and shall report its findings to the planning board and the gravel bank commission.
(b)
There shall be an initial license fee of $100.00 per acre for each acre to be disturbed during the initial two-year application period.
(c)
It is unlawful for any person to proceed with earth removal without first obtaining a license from the town council.
(Ord. of 10-3-94, § 4)
Sec. 30-83. - Renewal and fees.#
(a)
The town council may grant a gravel bank license renewal for the sole purpose of extending the time within which the plan shall be completed. Any change to or expansion of a plan shall require a new application.
(b)
A renewal fee equal to $25.00 per acre shall be paid for each license renewal granted by the town council.
(Ord. of 10-3-94, § 5)
Sec. 30-84. - Conditions on license.#
In connection with the application for a license, the town council may grant or deny any application filed pursuant to this article, in whole or in part, and in so acting shall take into account public health, safety and welfare, including the possibility of dust, noise, unsightly waste, soil erosion, drainage problems and protection of property values, together with such other factors as it shall deem appropriate and may impose conditions which, in the discretion and judgment or in each particular case, are designed to prevent personal injury, to promote the health and welfare of the town's residents and to safeguard the surrounding area and the town against permanent and temporary injury to property values, either during operation of the gravel bank (including the handling and transportation of earth materials) or after operations are completed. However, all licenses shall require that: (1)
Buffer areas. The following buffer areas will be left in their natural state during the life of the license:
a.
One hundred fifty feet from any street line;
b.
One hundred fifty feet from any occupied dwelling.
(2)
Ledges; burying of trees and stumps. In the licensed areas, ledge shall not be left exposed above the approved grade, and all cleared trees, stumps and brush shall be removed or completely buried. If buried, a plan showing the location of all such buried trees, stumps or other material subject to subsequent compacting by decay shall be filed with the building inspector. However, no trees, stumps or other material subject to decay shall be buried at an elevation below the maximum water table.
(3)
Grading of final banks. All final banks shall be graded to a slope no steeper than one foot vertical to two feet horizontal.
(4)
Topsoil; seeding. Following earth material removal, topsoil shall be spread to a minimum depth of six inches. Seeding of the area shall be done per the recommendations, if any, of the planning board.
(5)
Standing water. No excavation shall produce standing water unless specifically approved.
(6)
Removal of earth material. Earth material shall not be removed to an elevation less than four feet above the maximum water table elevation.
(7)
Prevention of erosion or sedimentation. Adequate measures shall be taken to prevent erosion or depositing of sediment upon surrounding land and streets or into any water way, pond or swamp as required by federal law, state law, and the town conservation commission and the planning board.
(8)
Hours and days when removal is prohibited. Earth removal operations shall not be conducted during the period from 6:00 p.m. to 7:00 a.m. of any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, nor shall such operations be conducted on any Sunday or legal holiday. Earth removal operations during the within prohibited times or days may be authorized by the town council upon application showing good cause.
(9)
Screening. Screening, either in the form of vegetation or fencing, not less than six feet in height, shall be erected around the license area along the property boundary.
(10)
Access roads. Access roads to the site and within the permitted area shall be treated with water only, to minimize dust conditions.
(11)
Equipment or machinery for screening, washing, crushing or other like processes. No equipment or machinery for the screening, washing, crushing or other like processing of any material not extracted from the land shall be permitted on the property.
(12)
Acreage limitations. Earth removal operations shall be limited to ten acres at any given time. Each additional ten acres, or a part thereof, shall be part of another approved application.
(13)
Rehabilitation of excavated land; time limit for completion. All land excavated must be rehabilitated within one year of completion of the excavations of each licensed phase. Rehabilitation of the area shall be in conformance with the United States Department of Agriculture Guidelines for Developing and Restoring Gravel Pits.
(14)
Access points. Access points to the property shall be kept free of loose gravel and debris.
(Ord. of 10-3-94, § 8)
Sec. 30-85. - Duration; renewal.#
The town council shall issue such licenses for a period not to exceed two years. All licenses shall specify the commencement date and shall expire not longer than two years thereafter. Any license holder may apply to the town council to renew his license by filing a renewal application in compliance with section 30-31. Applications for renewal may incorporate by reference any documents filed with the original application. All operations up for renewal will be subject to site inspection and verification, prior to renewal, to confirm that all plans and license conditions are being followed by the operators. All reasonable costs shall be the sole responsibility of the applicant and shall be filed prior to December 1 of each year.
(Ord. of 10-3-94, § 9)
Sec. 30-86. - Restrictions.#
(a)
Any license granted under the provisions of this article shall not run with the land. Any conveyance of the premises conveying the gravel bank, or portion thereof, shall require an application to transfer by the succeeding owner, if gravel bank operations are to be continued upon those premises or a portion thereof. Sale for other uses must be preceded by satisfactory completion of site reclamation.
(b)
Any license granted under the provisions of this article shall be limited to the boundaries of the original plan for which the license was granted. Expansion beyond the original plan requires a new application.
(Ord. of 10-3-94, § 10)
Sec. 30-87. - Revocation.#
Any person who, after receiving a license in accordance with this article, violates any conditions set forth in such license shall be subject to having such license revoked and the bond forfeited. No revocation shall be made without first giving notification of the violation to the license holder and a public hearing.
(Ord. of 10-3-94, § 11)
Sec. 30-88. - Failure of licensee to complete plan; lien.#
If a licensee shall fail to complete the plan contained in the approved application within the time specified therein, then, in addition to action against the licensee's bond and any other legal remedies, the town is authorized and empowered to undertake and complete such plan. In the event of such undertaking by the town, the owner of the land specified in such application shall reimburse the town for its necessary expenses in connection therewith and such expenses shall constitute a lien upon the entire tract of land of which any portion has been specified in an approved application.
(Ord. of 10-3-94, § 16)
Sec. 30-89. - Conditions for issuance.#
No license shall be issued by the town council, as set forth in section 30-81 unless and until the applicant shall submit the documents required by section 30-33 and the application shall be approved by the town council.
(Ord. of 10-3-94, § 17)
Sec. 30-90. - Revocation hearing.#
The town council, upon petition or on its own motion, may revoke any license issued under this article for violation of any of the provisions of this article. Prior to such action by the town council, it shall hold a hearing and give the licensee seven days' notice of such hearing.
(Ord. of 10-3-94, § 19)