[HISTORY: Adopted by the Annual Town Meeting
of the Town of Belchertown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-13-1985 by Art. 17 as Ch. III, Art. 7, Sec. 7-4-1 of the 1985 Compendium
of Bylaws]
Any person excavating land within the Town of
Belchertown or any owner of land which has been excavated shall be
required to erect barriers or take other suitable measures within
two days after such person has been notified, in writing, by the Select
Board or the Building Inspector that in his or their opinion such
excavation constitutes a hazard to public safety.
The penalty for violation of this article shall
be in the amount of $200 per day for every day such person is in violation
of such notice, commencing with the fourth day thereof.[1] The Superior Court Department of the Trial Court, Hampshire
Division, shall have jurisdiction in equity to compel compliance with
this article.
[Adopted 5-11-2009 ATM by Art. 33]
Beginning March 1, 2009, all excavators must obtain a permit
prior to the creation of a trench made for a construction-related
purpose on public or private land or rights-of-way, in accordance
with Chapter 82A of the Massachusetts General Laws and 520 CMR 14.00
et seq. Applications for trench permits shall be made to the Building
Inspector, who is designated as the Town Permitting Authority, as
provided in 520 CMR 14.03(2)(b).
