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.
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.
Except as otherwise provided in §
300-99B and
C, a violation of this bylaw is deemed to exist for each day that a violation continues to occur or exist upon any land not in public use.
A. A violation within a calendar year is punishable by
a fine of $50.
B. A second violation within a calendar year is punishable
by a fine of $100.
C. Each subsequent violation within a calendar year is
punishable by a fine $200.
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.
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.