A.
The removal of soil, loam, sand and/or gravel from
land not in public use within the Town of Salisbury, except as hereinafter
provided, is prohibited.
B.
The failure to construct an adequate fence or barrier
around an area where earth materials have been or are in the process
of being removed within 30 days of the receipt of a written order
to do so by the Selectmen of the Town shall constitute a separate
violation of this bylaw for each day in excess of 30 days that such
fence or other barrier has not been constructed.
C.
The failure to have completed finished grades in permitted
excavation area of at least two units horizontal for every one unit
of elevation within three months after permitted earth removal has
been completed shall constitute a violation of this bylaw for each
week in excess of three months that such grading remains incomplete.
Any person or firm may be issued a permit by
the Board of Selectmen for removal of earth materials from land not
in public use upon the following terms and conditions.
A.
An applicant for such permit shall present a plan
of the premises where such removal is contemplated showing with specificity
the area where earth removal operations will occur, the present elevations
or topography, the proposed finished elevations or topography, and
the annualized water table elevation for such premises.
B.
The applicant shall present a written outline proposal
indicating the type of fence or barrier that he intends to construct
around the earth removal site, and the time period in which he intends
to remove the earth materials.
C.
The Board of Selectmen, upon such application, may
issue a permit for such earth removal in accordance with such plan
and written statement or outline, and such other restrictions or conditions
as it may require to ensure protection from damage to the public or
natural water supply, damage to adjoining lands, roads, or structures,
hazards to children and strangers, detriment to a neighborhood, and
inconvenience to the public. If the Board finds that no restrictions
or conditions will adequately protect against the above hazards it
may refuse to issue such permit.
D.
The Board of Selectmen may require the applicant to
post a bond with or without sureties for completion of the work permitted
on the premises.
E.
Any such permit shall expire and be of no further
force or effect on December 31 in the year it was issued.
A.
Any earth removal operation carried over from one
year to the next must be issued a permit for each calendar year it
is in operation prior to any earth removal operations in that calendar
year.
B.
The permit procedure for each calendar year shall
require submission of a plan showing with specificity the area where
earth materials are to be removed in that year, including before and
after elevations and slopes and the annualized water table elevation
for that area. A written statement shall also be required setting
forth the types of barriers or fences constructed around any new site
and the time in which that year's work will be completed on the new
site. No later than 45 days prior to permit expiration date, the applicant
shall submit a fully certified registered engineer map showing the
items recited in this subsection.
C.
The Board of Selectmen may refuse to issue a permit
for such continued operation if it finds that the requirements of
a previous year's plan with respect to the subject premises or person
or firm have not been met or completed, or if it finds such continued
operations would endanger the natural water supply, adjacent lands,
roads, or structures, or the safety of children or strangers.
An applicant for a permit who has operated an
earth removal site continuously for the two years prior to January
1, 1985, shall not be refused a permit for such site on the grounds
that such earth removal constitutes a detriment to the neighborhood
or an inconvenience to the public; however, such person or firm must
in each and every other respect comply with the provisions of this
bylaw in any earth removal operations.
A.
The Board of Selectmen, upon investigation of an earth
removal site, may issue a hearing notice and order with respect to
any earth removal operation which it has reason to believe is in violation
of the permit issued for such removal, or is otherwise in violation
of this bylaw. Such notice shall require the owner and operator of
the earth removal site to cease any and all earth removal until appearing
at a hearing before the Board to be held no later than 10 days from
the date when such notice is served, at which time the Board will
hear evidence as to any alleged violation that any party or his attorney
may care to present.
B.
If, after such hearing, the Board determines that
a violation of the terms and conditions of a permit or this bylaw
has occurred, it may revoke, suspend, or modify such permit as it
sees fit to ensure continued compliance with this bylaw throughout
the Town.
A.
No earth removal shall be permitted within 200 feet
of a way below the elevation of the way.
B.
No standing water in excess of one foot in depth shall
by permitted upon an earth removal site without an adequate fence
completely surrounding such water and two warning signs posted conspicuously
on such fence.
C.
No excavation on an earth removal site shall be permitted
below the annualized water table elevation without specific express
authority therefor evidenced on the face of a permit.
D.
The Board of Selectmen shall have the authority to
waive any of the permit procedure requirements, and barrier and grade
requirements, upon a finding that such waiver is not inconsistent
with the intent and purpose of this bylaw.
In the event any one or more provisions of this
bylaw are found or determined to be illegal or unenforceable by the
Massachusetts Appeals Court or the Massachusetts Supreme Judicial
Court, then the illegality of any such provision shall not affect
the validity of any other provisions of this bylaw which provisions
will remain in full force and effect.
A.
Wherever possible this bylaw is to be construed consistently
with the General Laws and other bylaws of the Town. In the event the
provisions of this bylaw conflict with the provisions of another Town
bylaw, then this bylaw shall be controlling with respect to the issue
in conflict.
B.
This bylaw shall not apply to the removal of earth
materials in connection with the construction of a building for which
a building permit has been issued or to the removal of earth materials
in accordance with a subdivision plan approved or endorsed by the
Salisbury Planning Board.
Clause 17 of MGL c. 40, § 21 regulates
the removal of sand, loam or gravel from land not in public use in
the Town of Salisbury.
A.
No person who is an inhabitant of the Town or noninhabitant
of the Town, or company or corporation, shall remove sand, loam, or
gravel from land not in public use in the confines of the Town of
Salisbury, Massachusetts.
B.
Penalty for violation of bylaw: first offense, $50;
second offense, $100; for each subsequent offense, $200.
