A.
Exceptions. The removal of earth products, which term
shall include all types of soil, humus, loam, sand and gravel, as
well as bedrock, is prohibited unless authorized by the Select Board
except under the following circumstances:
(1)
When such removal is incidental to and in connection
with the erection of a building for which a building permit has been
issued by the Building Inspector of the Town;
(2)
When such removal is required in order to construct
a street that has been approved by the Planning Board;
(3)
When such removal is in accordance with special permission
from the Board of Appeals issued under the provisions of existing
bylaws now in effect.
B.
Authorization by Select Board.
[Amended 5-3-1988]
(1)
In any other case earth products shall not be removed from any premises except as authorized on a special permit granted by the Select Board. Actions by the Select Board on such special permit shall be based upon the same considerations and procedural requirements stated in the bylaw for the Board of Appeals, including § 220-61D, except as otherwise may be required by statute.
(2)
The Select Board shall impose any restrictions necessary
to protect the interest of the Town while keeping in mind the general
purpose of the bylaw to regulate the stripping of loam so as to prevent
the injurious effects brought about by the creation of waste areas.
A minimum depth of nine inches of loam must be left and spread over
the site unless a landowner can clearly demonstrate that a lesser
depth of loam preexists on the site, in which case a depth equal to
the preexisting depth shall be required to be left and spread over
the site. The entire disturbed area shall be fertilized and seeded
with a durable ground cover sufficient to stabilize and maintain finished
grade. The Select Board may require a higher minimum depth of loam
if, in its opinion after examining the site, the Board determines
that it is necessary to the best interest of the Town and/or abutting
landowners.
(3)
The Select Board shall limit the size of the operation,
the method of operation, the number of vehicles entering and leaving
the site, the amount of earth products removed within a specified
period of time and generally regulate the operation so as to allow
the landowner use of his land but to prevent substantial injury to
the public interest of the Town.
C.
Record of restrictions. Any restrictions or conditions
imposed by the Select Board shall be attached to the letter of permit
and copies of said permit and attached restrictions shall be sent
to the Planning Board, Board of Appeals, Water and Road Boards, Board
of Health, Building Inspector, and Town Clerk.
D.
Time limit. No earth products removal permit shall
be issued for a period of less than six months or more than 24 months.
A permit may be renewed without a public hearing by majority vote
of the Select Board.
E.
Limit of removal. The Select Board may in its discretion
limit the amount of earth products removed from the Town upon a determination
that:
[Amended 5-3-1988]
(1)
There is or will in the future be a need for the products
within the Town; or
(2)
The transportation of the earth products will create
a hazardous condition because, but not limited to, the estimated number
of vehicles per day, the size and weight of the vehicles, the expected
spreading of dirt, dust on the roadways and in the air.
F.
Unless incidental to construction on the premises
under a current building permit, no earth materials shall be removed
within 10 feet of spring high water table within the Water Resource
District, or within six feet of spring high water table elsewhere.
A.
Security. The Select Board may at its discretion,
require a bond, certified check or other security for compliance with
the conditions of this bylaw.
B.
Revocation. The Select Board may, after a public hearing
on proof of violation of any condition of this bylaw or restriction
imposed by the Select Board, revoke any permit or permits issued by
it.
D.
Extension of prior permits. Persons now operating
with earth products removal permits granted either by the Select Board
or the Board of Appeals shall be granted six months after passage
of the above Bylaw at a Town Meeting to obtain a new permit or cease
operation after the six-month period has elapsed.
