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HomeMy WebLinkAboutEARTH MATERIALS REMOVAL Page 1 of 9 f�eC't10;" 5 U27q ,HAWRIALS ,iVOV�:'iu JOHN J. LYONS, C.M.G 5.1 G"iiP'iAL TOWN CLERK 110. ANDOVER, MASS. 01845 (1) The stri4ping or renoval of earth material from any parcel of land., public or oriva:te, in North Andover is prohibited except as permitted by the _provisions of. this SectioL of the .3y-Law. (2) Viola.tioa of this Section of the :coning By-Law, notwithstandiCig the orovisio-s of Section 9.13, imposes a. penalty of :'fifty UAW) dollars for the first offense, Ore Hundred ( ,,100.00) dollars for the second offense, and Two hundred ( ,000.00) dollars for each subsequent offense. Each day of operation in violation of this section will be considered a separate offense. (3) ' xclusive jurisdiction to hear aid net upon 01 a.p?l.ications :For. earth Werial remov2l permits shall be with the Soning Board. of Appeals except for such permits allowed in Para raphs 5.5 and 5.6. (4) The Zoning Board of Appeals or the Building Inspector shall have the authority to issue ar Operating Hours Extension Permit, as defined- in Subsection 5.2 (4). (5) All earth removal operations in existe )ce in ;crth Andover o the effective date of this Section shall be subject to the requirements stated herein. {owever, all earth removal permits issued prior to the effective date of this Section, shall remain in effect until their expiration date. At such time, said operation shall be subject to the provisions of this Section, unless otherwise allowed by the Zoning Board of Appeals, for a period not to exceed six (6) months. (6) An annul fee of One hundred (;100.00) dollars shall be required for Earth Ha.terials Removal Permits, Miscellaneous Soil removal F?rmits shall require an annual fee of Twenty-Five (,25.00) dollars. (7) The Building Inspector shall have the authority to enforce all conditions of any permit issued under this Section of the Zoning By-Law. 5.2 DEFINITIONS (1) Applicant: The owner, or prospective owner by reason of a purchase and sales agreement, of the land shown by the 21an submitted with the earth Removal Fermit Application. INIV (2) Earth Materials: "Earth materials" shall include soil, loam, sand, gravel, clay, peat, rock or other allied products. (3) Rnrth Remov,l O')erations: ' The strip Jigg, exciv_?.tion or removal of any earth material from any site, within the Too-z of ; orth Andover. (4) Oyer ti: g_?ours Fxte -sioh Permit: A permit issued by the `Lo nir'; Board of Appeals or the Building Inspector for an estersion of the time-of operation for trucking from the site uptil 9:00 P.M. Page 2 of 9 5.3 APALWATIO! jos W04 ��_r,OVAL 27NIT (1) All applicants for Earth Material Removal Permits must submit seve- (7) copies of the following information concerning the proposed site of t)e removal operation to the W sing Ban& of Appeals thirty (30) days ;prior to submission of an application for an earth Material Removal Permit. The Zoning Board. of Appeals small distribute the ir_formiatlon to the Aan7irg Board, wilding Inspector, Conservation Commission, Board of Health, .Q ULy Depart- ment, and Police Departmert, so that recommendations from these Departments may be submitted for the required public hearing. (2) A plash or plans to scale, (1"=40' ) prepared a.n:. ,stamped by a, registered land surveyor and./or a registered engineer, showing the property lines of the parcel of lard under consideration along with all abutters to the property, existicg az? final contours in five (5) foot elevation': increments, existing a d proposed structures, existing and proposed final drainage of the site including all culverts, streams, ponds, swamps, and siltation basins, means of entrance and egress from the property, locus map, and any other pertinent data deemed necessary by the Board. (3) A plan, study or report showir_g the proposed ultimate use of the land conforming with the existing Zoning By-Law, proper planning for future land use shall be a prime consideration affecting the issuance of an Earth Removal Permit. (4) A complete list of the names and addresses of current abutters of the property where such removal is projosed. (5) An operating schedule snowing the active area (not to exceed five (5) acres) where the earth removal will begin and also how the total parcel will be developed in progressive five (5) acre increments. Page 3 of 9 5.4 P72ZIPb M2 "ART ' Dealt M issue Earth Tnooval Permits for any zoaiig district, complete with conditions inosed, for areas not to encend forty (40) acres. All permits shall conform to the minimum restoration and. -02erating standards cc. taineo herein and such other conditions as the f;,:',y deem necessary. 3aid permit shall allow the working of only five (5) acres at ony ore time. Don completion of the earth removal of oration on a five (5) acre parcel, or a Part thereof; and substantial re6toraUon Of MY Parcel as determined by the Board, according to the restoration standards and the permit co7ditions, application may then be made to the ZoniAg Board Of Appeals for a permit renewal. Such permit renewal shall allow the removal of ear4h on apother five (5) acre section, as shown by the operating schedule submitted with the permit application. This procedure shall be followed until the operation is completed. (2) The permit shall be considered a non-transferable revocable license to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the Permit are being violated, or that the governing regulations are not being followed, the permit: shall be suspended until all provisions have been met and the premises made to conform, 7iilure of the license holder to comply within the time specified by the Zoning Board of Appeals for correction of violations shall cause the permit to be revoked, forfeiture of the security to the Town, and the imposition of all fines as set forth in Paragraph 5.1 (2). (3) The Board shall discuss and review the Permit periodically, and at a minimum, annually. Written Progress reports showing conformance with regulations and permit conditions shall be submitted to the toning Board of Appeals by the Building Inspector or his designated agent every three (3) months. (4) An Earth Removal Permit shall not be in effect until the applicant has filed the proper security as required in Paragraph 5.9, paid the required fees as required by Paragraph 5-1 (6), and recorded the special permit at the Registry of Deeds. (5) Xechanical crushing and screening may be allowed by special permit from the Zoning Board of Appeals after a public hearing with due notice given. Page 4 of 9 5.5 SOIL REMOVAL IiCIT; :eT."�L TO r�EVCLOI ii_T'_'T �'� A CO1YST UCTION (1) This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gavel or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades aaproved b, the Planning Board under an approved definitivep1,n, or by the Zoning Board of Appeals, or for the purpose of constructing utilities or other engineering works for public service. (2) Uhere soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the buildi,igs, driveways, pari{i ng areas, and from areas where removal is specifically required by the Board of H�-•alth in connection with disposal systems. Where special i circumstances exist requiring general regrading, removal of peat, etc. , the builder may file a plan and request for an additional soil removal permit with the Building Inspector as provided in Paragraph 5.6 below. 5.6 NISC TLLA ,'r OUS REMOVAL OF SOIL I :GIDE ;%L TO IMPROVZNN, ,' Removal of miscellaneous amounts of soil is permitted provided the .removal is necessary for the improvement of the property from which removal tames place and provid.ed the removal is in accord with the expressed intent and purpose of the provisions of this By-Law. Removal of aggregate quantities of less than fifty (50) cubic yards from any one general site requires no formal permit. Where the removal of soil in quantities in e-cess ofiJ%-y (50) cubic yards but . less than one thousand (1,000) cubic yards is desired, application must be made to the Building Inspector for a hiscella.neous Soil Removal Permit. Where special circumstances exist which require the removal of soil in excess of one thousand (1,000) cubic yards, but for which a general permit under -paragraph 5.4 is not aNa.ro1xia.te, a 1;ermit for a larger_ amount u2 to five thousand (5,000) cubic yards may be issued rovided, that it additionally has the approval of and bears "the signature of the Zoning Board of Appeals. &,,id action does not require a .I;ub1 "c hearing. The ermit shall indicate the ahrroximate quantity of soil to be removed, the purpose of removal, and, the, location of the site of removal. 'The permit shall also specify tiiat uon completion of excavation, ex )used subsoil ::;hall be racicd and covered with loam to a. minimum do,oth of six (6) inches•, and t:.at the removal is to be controlled by the appropriate sections of Z'ar , r. . !1 5.7 (O:�erating Sta,-,,Jards} LOxceft where the removal under thi ,� 1'a.r i=aph is Jone in connection with the formation or enla.rement of a. ,pond., excavation shall not be aermitted. below the mea-1 grade of t e street or road serving-, the property. The excavation in any case shall not be such as to c!lange the direction of 'flow of a water course or to cause surface water t0 gather as a sump or swale. Pits for b'.W.yi i large roc--,s Gild stumps shall immediately be back-filled for safety reasons. Failure to meet the requirements of this Paragraph-shall be deemed a violation of the Zoning By-Law. Page 5 of 9 Lt?,i•GVAT 1'7131.,-IIT 5.7 CPF;RATIG;' Sth TDARDS (1) Time of Gpera tio:. (a) 'excavation and sits mai,rteaa.nce may be carried on from 6:30 A.M. until 7:30 P-i;, , Ionday through Saturday. (b) Trucking from the site may be carried on from 7:00 2i.M. through 6:00 P.Y�i. , ie'ionda.y through Sa.turrlay, (c) An Operating Hours ;Extension Permit for trucking until 9:00 P.14. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewin; conditions of the a.p;,lication. Said applications s'nall show reason for extension of time, distance of hauling, and approximate cubic yardage to be hauled. (2) Site Preparation (a) Only the active area described in the permit application may be made ready for earth removal. (b) Ito standin- trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut down. All wood and brush must be piled for.removal or chipping. Flood chips may remain on the site. No trees are to be buried on the site. (c) Stumps shall be buried in predesignated area as shown on application plans. (d) any change in stump burial must be submitted to the Zoning Board + of Appeals for approval. (3) Topsoil Storage (a) all topsoil removed from the active removal area shall be piled for future site restoration. (b) No topsoil shall be removed from thesite until all areas have been restored and permission has been granted by the Board of Appeals. (4) Erosion Control (a) Prior to any excavation or earth removal, ada.quate siltation basins shall be constructed to prevent the runoff of silted water from the site. (b) All excavation shall be done so e,s to create contours to channel runoff waters into the siltation basins. (c) :,To siltation basin shall exceed seven (7) feet in depth. (d) Siltation basins must be cleaned when sediment deposits are within eighteen (18) inches of the outfall invert. Page 6 of 9 5.7 OPERATIW5 STA'"ARDS (Continued) (5) Dust Control (a) 'To earth removal operation shall create excessive amounts of dust or allow roads leading into or from a site to become excessively dust producing. (b) i,roper dust control methods shall be approved by the Building Inspector, (6) Excavation Near Brooks (a.) No excavation shell be made which will alter the natural way or existing elevation of a brook, stream or river. (b) All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and. of sufficient height to ,revent abutting properties from floodin . (c) Said bank height shall be computed for a fifty (50) year storm for all brooks, streams, and rivers up to eiht (v) feet in width and two (2) feet in depth; and for a one 'hundred (100) year storm from all brooks, streams and rivers which exceed this size. (7) 13ite Screening (a) An immediate program of site screening shall start when site preparation begins. (b) A11 entrances shall be scree ea with existing; vegetation, evergreens, or other suitable natural methods, so as to prevent a direct view into the earth removal area. (c) All areas within fifty (50) feet of a traveled way or abutting pro.)erty lines shall be reforested immediately upon completion of the earth removal operation of that area. (d.) Said reforestation shall be done in accordance with the north Andover Tree Dcpartment. (e) A minimum of One Hundred Twenty-Five (125) trees per acre shall be used for this reforestation. (f) Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner: (1) Trees shall be planted twenty-five (25) feet deep from the road or property line. (2) The remaining area shall immediately be planted with grass or other suitable agricultural pla.ntin- material. . Page 7 of 9 5.7 OP RATIONS STAMARDS (Continued) (3) Access Roads (a) All access roads shall be level with intersectio.- streets for a distance of sixty (60) feet. (b) A S''OF siGn shall be installed so as to warn any vehicle ' entering onto a Town Street. (c) All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry. (9) Site Maintenance (a) No open face excavation shall exceed. twenty-five (25) feet in height. (b) No excavation shall be closer than fifteen (15) feet to a property line. (c) ?o slope shall exceed a two (2) foot horizontal to a one (1) foot verticle (2:1) ;rade. (IU) 'Temporary Buildings (a) All temporary structures shall be specified in the special permit application and shown on the pl.rin. (b) Any structure erected on the premi-es for use by personnel or storage of equipment shall be loca.tc(ia.t lea. t forty (40) feet from any existing roadway an,! a'.: least ti,ir'Ly (30) feet from any lot line. (c) Any temporary structure will be removed no later than ninety (90) days of Ger the expirr--tion date of the i,)crmit. (11) liecharical Crushing and L)creening (a) All crushing and Screening y:ermits shall be ,;ranted for a period not to exceed °-x (6) moi.ths. (b) Said permits shall be �-,-ra.nteU' ?:3 a, cleo,'au'-, :xocedure only. (c) shim of processed material ,71-11 be a.11oi-,c. (d) O )eration of crushing or screenin- equipment shah be from 7:30 A. :. until 5:00 P.N. , Londay throu-h FFidgy. (e) All crashing a_nd screenin- equi;,)ment -;hall be equipped with suitable dust and noise control devices. • Page 8 of 9 5.8 RESTOaATIOY STAQUO (1) All restoration must be completed within sixty (60) days after the termination of an earth removal permit or by the first of June if the permit terminates between December first through March thirty-first. (2) Yo slope shall be left with a grade steeper than a two (2) foot horizontal to a, one (1) foot vertical (2:1). (3) All siltation basins shall be filled with earth, and a natural drainage pattern must be re-established. No area upon the site which will collect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plans. (4) All topsoil which was on the site prior to earth removal oper- ations shall be replaced to a minimum depth of six (6) inches on all disturbed areas. Sites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over the entire area. (5) SBIZI C - The entire area shall be seeded with grass or legume which contains at least sixty (60) percent perennials. The planted area shall be ,protected from erosion during the establishment period using good conservation practices. Areas which wash out are to be repairer?. immediately, (b) EV OOSTATICZ - All areas which are disturbed in the earth removal operation shall be reforested with fifty (50) 2ercc U coniferous and fifty (50) percent deciduous trees ,.]anted at , the rate of one huAdred fifty (150 trees per acre. All 'trees used are to be a minimum of two (2 year transplants. Said planting shall be in accordance with the recommendations of the :forth Andover Tree Department. Areas which are to be used for agricultural Pur roses after earth removal operations are completed may be reforested in the following manner: I (a.) Trees shall be 1anted twenty-five (25) feet deep from a public road or property line. (b) The remaining area shall immediately be j,lanted with grass or other suitable agricultural planting material. °ermits issued by the ', uilding Iaspector _Tor ,soil removal incidental to constriction or for special puriones are exempt from reforestation paragraph. (7) Within ninety (90) Jays of completion of o,:eratio,ns, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the Oremi3e5. . Page 9of9 5.; SECURITY RU UIR7,1,11 PT (1) T11ere must be filed :Jit`i the Town Treasurer, a continuous bond or de„)osit of money in the minimum amount of One Thousand (;1,000.00) dollars per <�.cre to be excavated, a.ad shall be of a sufficient amount to cover ten (10) acres, or the total ,excel, whichever is smaller, as determined by and satisfactory to the Board. (2) After completion, of the total project, and at the aprlicant's vrritten request, the Board may Grant a :partial release of any security posted by the apYl.icant. One (1) year after such a partial .release is granted and if in the opinion of the Board, no damaSe or det^riora.tion to the finished project hes developed, the Board will issue a final release of the security. If, during the year following the date of a -ertial release, slt:r—An-, gullfin-, erosion or any oVinr unsatisfa.ctor;;r condition a ,aears, the aDDlicant shall be .responsible for, and shall make any necessary repai--s, before final release of security is Lranted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified hail, a sixty (60) day notice prior to any termination or cancellation of the Bond.