§ 135-1202. Quarry operations.

A. 

Coordination with grading regulations. An application for a special permit for a quarry operation shall comply with Braintree Zoning Bylaw § 135-1201. Where § 135-1202 has more stringent standards, § 135-1202 shall prevail.

B. 

Denial of permit. The SPGA shall not issue a special permit where a proposed quarry operation would:

(1) 

Cause hazard to the public safety or welfare, or constitute a nuisance;

(2) 

Produce noise or observable dust at the lot line in an amount detrimental to the normal use of an adjoining lot.

(3) 

Result in traffic hazard, particularly in residential areas, or congestion on or damage to public streets;

(4) 

Result in a change in topography or ground cover disadvantageous to the most appropriate use of the land;

(5) 

Cause surface or subsurface drainage to adversely affect an adjoining lot.

C. 

Standards for quarrying.

(1) 

No quarry operation shall occur within 250 feet of a property line or 300 feet of a public street as measured in a straight line from the street or property line to the area of the quarrying.

(2) 

Equipment used in a quarry operation shall not be located within 250 feet of a public street or property line.

(3) 

Topsoil shall be stripped to a depth of 12 inches and stored separately on site for use in reclamation.

(4) 

The area in which quarrying is taking place shall be clearly marked and posted with no-trespassing signs. The SPGA may require fencing or other barrier where excavations exceed a depth of four feet.

(5) 

The course or configuration of any drainageway or waterway shall not be changed unless approved by the SPGA. Quarry operations shall not cause the ponding of water unless authorized as part of a reclamation plan.

(6) 

Roadway maintenance.

(a) 

Roadways used for transportation of material must be swept clean and cleared of material spilled from trucks at least once each 48 hours, and more if required.

(b) 

Any repairs or cleaning of roadways performed by the Town as a result of the earth removal operation shall be paid for by the quarry operator.

(7) 

Within six months of termination of quarry operations, all buildings and structures used in quarrying shall be dismantled and removed at the expense of the quarry operators.

(8) 

If a quarry operation requires the use of explosives, a copy of the blaster's current license, bond and Town of Braintree permit shall be provided to the SPGA.

(9) 

The only materials that may be brought onto the site are explosives necessary for removal of earth materials and soil/landscaping materials needed to implement the approved reclamation plan.

D. 

Reclamation. Within six months of the termination of quarry activities, land areas that have been disturbed shall be reclaimed in accordance with a reclamation plan approved by the SPGA and with the following standards:

(1) 

Areas from which trees have been removed and which are visible from a street shall be implanted with trees using five- to ten-year-old stock.

(2) 

Except for exposed rock ledge, disturbed areas shall be spread with a minimum of six inches of topsoil and planted with grass or other ground cover suitable to erosion.

(3) 

All earth and vegetative debris shall be removed and lawfully disposed of.

(4) 

All slopes shall be graded so as not to exceed a slope that is 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 slopes of cut and fill surfaces shall be no steeper than is safe for the intended final uses.

E. 

Approval. In approving a special permit, the SPGA may impose reasonable conditions to regulate quarry operations and hours of operation.

F. 

Bonding. The SPGA may require a bond or other security to be provided to the Town to insure compliance with the special permit.

G. 

Time frame. Any special permit for a quarry operation shall automatically expire within the time frame specified in the special permit or within 24 months if no time limit is specified. To request an extension a quarry operator must submit a written request 60 days prior to expiration of the special permit. The SPGA, at its discretion, may extend a permit or may require a public hearing on said extension.

H. 

Existing quarry operations. A quarry in lawful operation on the date of adoption of § 135-1202 may continue until such time it is abandoned. However, unless specifically authorized by a new special permit:

(1) 

The depth of excavation shall not exceed the grade of the lowest point excavated on the date of adoption of § 135-1202.

(2) 

The total area of land disturbance within the quarry operation shall not be increased by more than 50% over the area disturbed on the date of adoption of § 135-1202.

(3) 

The average daily amount of materials extracted or removed shall not be increased by more than 50% over the daily average for the 12 consecutive months preceding the date of adoption of § 135-1202 or for the actual period of operation, if less than 12 months.