6.10.1 Permit Requirement
6.10.1.1 The placement on a lot or movement within a lot of soil, loam, sand, gravel, minerals or other earth material for fill is prohibited without a permit issued by the Building Inspector, when
(a) The placement or movement of said fill is in excess of two hundred (200) cubic yards per lot during a twelve-month period, other than that incidental to the landscaping of buildings or structures, or for commercial resale, or
(b) The placement or movement of said fill shall change the drainage characteristics of the land or lot so as to detrimentally affect abutting land. (1_19_89, Art.~2; 10_30_89, Art.~5)
6.10.1.2 The permit requirement set out in Section 6.10.1.1 above, shall not be applicable to the placement or movement of fill on public land by the Town of Stoneham. Sections 6.10.3, 6.10.4, 6.10.5, and 6.10.6 shall be applicable to such fill operations, however. (1_19_89, Art.~2; 10_30_89, Art.~5)
6.10.2 Permit Process:
6.10.2.1 The application for a permit shall include the name of the property owner, the contractor placing the fill, the transportation company, and the origin, destination, composition and quantity of the material being placed or moved on the property. (1_19_89, Art.~2; 10_30_89, Art.~5)
6.10.2.2 The applicant shall provide the Building Inspector with plans prepared and stamped by a registered civil engineer showing the existing topography, proposed finished grade, required retaining walls, proposed footings (if any), as well as plans for drainage and control of run-off and erosion. Plans shall be reviewed by the Town Engineer, however, responsibility for the plan and design, and all consequences resulting therefrom, remain with the applicant, his engineer and contractor(s). (1_19_89, Art.~2)
6.10.2.3 The Building Inspector may deny any application for a permit if the proposed placement of fill changes the drainage characteristics of the land or lot so as to detrimentally affect abutting land, or would endanger or threaten property or the safety of the public. (1-19-89, Art. 2)
6.10.2.4 The cost of obtaining a permit under this Section shall be Twenty Dollars ($20.00). A copy of the permit shall be displayed in a conspicuous location at the site of filling. (1_19_89, Art.~2)
6.10.2.5 The permit and appeal process shall be governed by Chapter 40A of the Massachusetts General Laws and Section 7.6 of these bylaws. (1_19_89, Art.~2)
6.10.3 Prohibited Material:
6.10.3.1 Placement or movement of any fill containing concrete, metal or steel, brick, block, plaster, wood lathe, bituminous, or other building materials, trees, stumps, heavy metals, hazardous material or other waste products, is prohibited, except for the following if mixed with clean material and compacted in accordance with the Massachusetts State Building Code:
(a) Non-reinforced concrete slabs if they are broken into pieces with the greatest surface area no greater than six (6) square feet in area.
(b) Non-reinforced concrete blocks, curbing or other configurations with the longest side dimension no greater than three (3) feet or
(c) Brick, either in pieces or in cemented aggregations, of three (3) feet or less in every dimension. (1-19-89, Art. 2)
6.10.4 Fill Analysis:
6.10.4.1 The Building Inspector may request that the Board of Health determine whether a chemical analysis or other appropriate test of the fill shall be required. (1-19-89, Art.~2)
6.10.5 Fill Operations:
6.10.5.1 All fill operations shall be carried out in a safe manner. The Building Inspector, may, if deemed necessary, require security fencing of suitable material, dimension and construction, surrounding the site. (1-19-89, Art.~2)
6.10.6 Violations:
6.10.6.1 Any person found to be in violation of any part of Section 6.10 shall be subject to a fine of One Hundred Dollars ($100.00) for each day such violation continues. (1_19_89, Art. 2; 10-30-89, Art. 5)
6.10.6.2 The Building Inspector shall have authority to require the removal of any fill placed or moved in violation of this section. All costs of removal shall be borne by the violator(s). (1-19-89, Art. 2; 10-30-89, Art. 5)
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