§ 135-1201. Grading regulations.

A. 

Purpose. The purposes of the grading regulations are to:

(1) 

Protect the safety, health and welfare of the residents of Braintree by regulating grading activities;

(2) 

Minimize adverse impacts associated with grading;

(3) 

Prevent damage to property, public facilities and utilities;

(4) 

Prevent the destruction of vegetation and the loss of soils by minimizing soil erosion and sedimentation;

(5) 

Minimize surface water runoff and diversion that may contribute to flooding and loss of water quality.

B. 

Applicability.

(1) 

With the exception of the activities listed in § 135-1201C, no grading shall occur on a site without a building permit or grading permit (Quarries are further regulated under § 135-1202.)

(2) 

The Inspector of Buildings may issue a building permit for grading, where grading:

(a) 

Has cuts or fills of less than two feet in depth at the deepest points measured from existing grade;

(b) 

Imports or exports less than 150 cubic yards (cy) of material;

(c) 

Cumulatively disturbs less than 5,000 square feet of area;

(d) 

Does not obstruct a drainage course; and

(e) 

Does not create unstable slopes.

(3) 

Grading for which a building permit cannot be issued shall require a grading permit issued by the SPGA.

C. 

Exemptions. The following activities do not require the issuance of a grading permit:

(1) 

Grading undertaken as part of a special permit or site plan reviews approved after the date of adoption of § 135-1201;

(2) 

Constructing a street shown on a subdivision plan endorsed by the Planning Board after the date of adoption of § 135-1201;

(3) 

Maintaining, resurfacing or reconstructing an existing street, provided said activity is supervised by the Town;

(4) 

Installing, reconstructing or repairing underground public utilities, provided said work shall be backfilled to existing grade upon completion of work or within 45 days after start of the work, whichever is sooner;

(5) 

Maintaining or reconstructing municipal parks, playgrounds and golf courses;

(6) 

Removing or replacing an underground storage tank that is subject to regulation by a state or federal agency;

(7) 

Excavating for geological investigation supervised by an RPE or licensed site professional, provided said work shall be backfilled to existing grade at the end of each work day;

(8) 

Maintaining a private driveway or accessway existing prior to the date of adoption of § 135-1201, provided said maintenance involves less than 150 cy of material;

(9) 

Maintaining existing private lawns, including adding or removing less than 12 cy/acre of topsoil, compost, sand, loam or other soil amendments in a calendar year, provided any increase in elevation shall not exceed six inches;

(10) 

Grading for construction of a single-family residence authorized by a valid building permit, provided that less than 150 cy earth material are removed or added to the site in connection with the building permit.

D. 

Denial of permit.

(1) 

The SPGA shall not issue a grading permit where the proposed grading:

(a) 

Would cause hazard to the public health, safety or welfare;

(b) 

Would endanger an adjoining lot, result in the deposition of debris or sediment on a public street, endanger public utilities or result in any hazard of contamination;

(c) 

Will occur in an area that is subject to geological hazard;

(d) 

Would foul, obstruct or impede the flow of any water body, drain or sewer.

(2) 

If it can be shown to the satisfaction of the SPGA that implementing mitigative measures can eliminate the hazard, a grading permit may be issued conditioned on the elimination of said hazard.

E. 

Emergency situation.

(1) 

If the Inspector of Buildings determines there is an immediate danger to the public health or safety from a landslide, flood, earthquake or other natural calamity requiring grading, he may authorize corrective action.

(2) 

If grading occurring under a grading permit creates an immediate danger to the public health or safety, the SPGA may revoke the grading permit or require corrective action.

F. 

Time frame.

(1) 

Grading shall be completed within the time frame specified in the grading permit or within 180 days if no time limit is specified.

(2) 

If an applicant presents satisfactory evidence that unusual circumstances have prevented completion of grading within the specified time, the SPGA may extend a grading permit one time only for a period not to exceed one year.

G. 

Procedures for application.

(1) 

A grading permit may be issued by affirmative vote of a majority of the SPGA only after a public hearing with public notice given in accordance with c. 40A § 11.

(2) 

Application for a grading permit shall include a grading plan and report prepared and stamped by an RPE.

The grading plan shall be of appropriate scale to show location and details of all proposed grading activities and shall include, where applicable:

(a) 

A general vicinity map, scale, North arrow, benchmark and datum;

(b) 

The legal names and addresses of the owner of the property involved, the petitioner and abutting property owners, including those across a street;

(c) 

Property lines, easements and dimensions, building setbacks and total area of the lot;

(d) 

Existing and finish grades at two-foot contours with the contour lines extended a minimum of 50 feet beyond the site's boundaries;

(e) 

Location, dimensions and elevation of existing and proposed buildings and structures, retaining walls, roads, driveways, parking lots, utilities and drainage structures on site and within 50 feet of the site's boundaries;

(f) 

Location of water bodies, wetlands, wetland buffers, floodplains, drainage structures and any proposed alteration to drainage on site and within 50 feet of the site's boundaries;

(g) 

Location of access streets, access points, and construction entrances;

(h) 

Location of graded areas, shaded and labeled "graded area," and of on-site disposal or borrow areas;

(i) 

Location of known soils and of geologic hazard areas on the site;

(j) 

Location of proposed erosion and sedimentation controls;

(k) 

Location of proposed mitigative measures such as revegetation, retaining walls and visual screening;

(l) 

Location of vegetation to be removed with number of trees/shrubs to be removed, retained or replanted;

(m) 

Plan details on utilities, drainage structures, walls, cribbing, dams, berms, settling ponds or other water control devices to be constructed;

(n) 

Slopes of all cut and fill areas;

(o) 

Cross section drawings (no fewer than two) that show:

[1] 

Maximum depth of fill and maximum height of cuts.

[2] 

Existing and proposed buildings and their setbacks from cut or fill slopes;

[3] 

Existing and finish grades extending a minimum of 20 feet beyond the scope of work;

[4] 

Retaining walls and the grade on either side of the walls for at least 20 feet.

The grading report shall include, where applicable:

(a) 

Description of the work to be performed under the grading permit;

(b) 

Start and completion dates;

(c) 

Quantities of earth materials impacted by grading and area to be graded;

(d) 

Description of erosion, drainage and dust control measures to be implemented;

(e) 

Location of off-site disposal areas and quantity of earth materials and vegetation to be removed from the site;

(f) 

Description of the type of backfill to be used, using ASTM Unified Soils Classification System for identification;

(g) 

Quantity of earth materials to be imported to the site during grading and the source of the material.

(3) 

If a project is so large or complex that a plan encompassing the total project cannot reasonably be prepared prior to initial groundbreaking, an applicant may seek authorization from the SPGA to undertake grading incrementally. Approval of phased grading activities shall take place in 2 steps:

(a) 

An overall conceptual plan of the entire development shall be submitted to the SPGA for review and approval.

(b) 

Detailed plans showing the nature and extent of the work to be completed during each phase shall be prepared by an RPE and submitted to the SPGA for review and approval.

(4) 

An applicant shall provide any additional information the SPGA may determine necessary for its review.

H. 

Grading standards.

(1) 

General grading standards.

(a) 

Grading shall not increase turbidity, siltation or pollution in a water body or create or contribute to landslides, accelerated soil creep, settlement, subsidence, flooding, erosion.

(b) 

Grading shall expose to erosion the smallest area of soil for the least possible time.

(2) 

Import and export of earth material.

(a) 

Site access shall be restricted to points designated on a plan and shall be controlled by a gate or other suitable barrier.

(b) 

Access drives shall have the minimum sight distance required under § 135-809. Absent the required sight distance police details shall be posted. Access drives shall be constructed of gravel or equivalent material to prevent mud and debris from being deposited onto access streets. The last 50 feet of an access drive's approach to the intersection with a public street shall have a grade less than 3%.

(c) 

When in excess of 150 cy of earth material is to be transported over a public street, the SPGA may restrict transporting to access streets and require:

[1] 

That water and/or dust palliative be applied to alleviate or prevent dust during loading or transport of said materials; and

[2] 

The posting of "Trucks Entering" signs on the public roadway 400 feet on each side of the site's access. The warning signs shall be covered or removed when the access intersection is not in use.

(3) 

Boundary location. The SPGA may require staking of property lines, limits of grading, top and toe of the fill and all areas where construction equipment is to be excluded. Stakes shall be at least two-inch by two-inch posts 36 inches in length above existing grade and shall be maintained and viable during grading activities.

(4) 

Clearing standards.

(a) 

Existing vegetation shall be preserved unless a grading permit authorizes removal of said vegetation.

(b) 

All natural drainageways shall be clearly marked, and a minimum buffer of 25 feet on each side of such drainageways shall remain undisturbed.

(c) 

Clearing activities shall be limited road or driveway construction, utility installation and building pad construction. Trees and areas of undergrowth to be removed shall be clearly identified on the grading plan. On site, clearing limits shall be clearly marked with brightly colored tape or plastic.

(d) 

Grading equipment shall be kept outside the drip line of any trees to be retained.

(e) 

Unauthorized removal of trees or other vegetation or the backfilling or compaction of soil around trees to be retained shall be a violation of § 135-1201 and require immediate restoration using five- to ten-year-old stock planted at a 3:1 ratio of new plants to removed or damaged plants.

(f) 

Filling of more than six inches shall require retaining walls around trees six inches in caliper or larger.

(5) 

Excavation.

(a) 

There shall be no excavation below designed finish grade except as needed for placement of reclamation materials.

(b) 

There shall be no excavation below the estimated seasonal height of the ground water table.

(6) 

Compaction.

(a) 

Nonstructural fill material shall be placed in twelve-inch uncompacted lifts and compacted throughout their full extent to 90% of the maximum dry density of the material used as determined by ASTM Method 1557 or approved equal.

(b) 

Structural fill material shall be placed in twelve-inch uncompacted lifts and compacted throughout their full extent to 95% of the maximum dry density as determined by ASTM Method 1557 or approved equal.

(c) 

Fill material for landscaping is exempt from compaction requirements.

(7) 

Drainage.

(a) 

Cut and fill slopes and terraces shall be provided with subsurface drainage as necessary for stability.

(b) 

Water shall not pond above cut or fill slopes or on drainage terraces. Drainage facilities shall be provided to prevent such ponding.

(c) 

Areas designed for buildings shall be graded away from the building for a minimum of six feet at a slope of 24 horizontal to one vertical.

(d) 

Dikes, swales, ditches, percolation devices or other conveyance mechanism shall be designed to control runoff and erosion from graded areas and to improve water quality by removing suspended solids. Where concentrated runoff discharges onto natural ground, measures shall be taken to dissipate the energy and release the runoff as sheet flow.

(8) 

Encroachment.

(a) 

Grading shall not encroach upon an adjoining lot unless the SPGA is provided:

[1] 

Proof that the applicant owns the adjoining lot;

[2] 

An easement, granted by the owner of the lot, authorizing grading on said lot; or

[3] 

A letter signed by the owner of the lot authorizing temporary encroachment for a temporary change of grade or stockpiling.

(b) 

When grading alters an existing grade, adjoining lots shall be protected from encroachment or collapse by a retaining wall or by grading to a safe slope. The design for any retaining wall with an exposed height exceeding four feet at any point shall be stamped by an RPE acting within the area of his expertise.

(9) 

Erosion control. Grading shall comply with § 135-1203, Erosion control regulations.

(10) 

Expansive soils. If organic or soft cohesive soils are found within two feet of the finish grade of an intended building location, said soils shall be removed to a depth specified by an RPE and replaced with properly compacted nonexpansive gravel borrow.

(11) 

Fill material. The SPGA may specify the characteristics of the fill material used, including the degree of compaction, moisture content and method of placement. Fill material shall comply with the following:

(a) 

Fill materials shall be composed of earth materials. Rock or similar irreducible material used in fill shall be of a maximum diameter of six inches and shall compose not more than 20% of the total fill material.

(b) 

Fill materials shall not contain any organic material unless approved by the SPGA, any frozen or thawing material, solid waste, building debris, asphalt, concrete or hazardous waste or material.

(c) 

With the exception of the upper six inches of a fill site, topsoil shall not be used as a fill material.

(12) 

Setbacks.

(a) 

Cuts or fills five feet in depth or greater shall be set back a minimum of 25 feet from property lines. Setback distances shall be horizontal distances measured perpendicular to the site boundary.

(b) 

Fills shall be located so that the base edge of the fill is more than 12 feet horizontally from the top edge of an existing slope or a planned cut slope. Fill shall not be placed on top of slopes steeper than 1.5 horizontal to one vertical.

(c) 

The tops and toes of cut and fill slopes shall be set back from property lines as far as necessary for the safety of adjoining lots and to prevent damage resulting from runoff or erosion of the slopes.

(d) 

The setbacks specified above may be increased by the SPGA if necessary for safety and stability, to prevent damage to adjoining lots or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks if approved by the SPGA.

(13) 

Slopes. All slopes shall conform to state and federal regulations. Cuts shall not be steeper in slope than two horizontal to one vertical. A steeper slope may be allowed if an RPE certifies that said slope will be stable, will not endanger an adjoining lot, deposit debris on a public way or interfere with any existing drainage course. The slope of cut and fill surfaces shall be no steeper than is safe for the intended uses.

(14) 

Surface preparation. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials and by scarifying the ground surface to provide a bond for the new fill. A slope that is steeper than three horizontal to one vertical and the height of which is greater than five feet shall be benched into sound bedrock or other competent material as determined by an RPE. The bench under the toe of a fill shall be at least 10 feet wide, except when an RPE determines it to be unnecessary.

(15) 

Terraces.

(a) 

Terraces in soil at least four feet in width shall be established at not more than ten-foot vertical intervals on all cut and fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid-height. Terrace widths and spacing for cut and fill slopes greater than 90 feet in height shall be designed by an RPE. Suitable access to terraces shall be provided to permit cleaning and maintenance. This may be waived by the SPGA, provided documentation is provided by an RPE.

(b) 

Terraces in rock at least six feet in width shall be established at not more than thirty-foot vertical intervals on all cut and fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid-height. Terrace widths and spacing for cut and fill slopes greater than 90 feet in height shall be designed by an RPE. Suitable access to terraces shill be provided to permit cleaning and maintenance. This may be waived by the SPGA, provided documentation is provided by an RPE.