[HISTORY: Adopted by the Town Meeting of the Town of Templeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-9-1963 (Art.
XII of the Bylaw Compilation)]
[Amended 6-17-2020 ATM by Art. 9]
The removal of soil, loam, sand or gravel from any parcel of
land not in public use in the Town of Templeton, except as hereinafter
provided, shall be allowed only after a written permit therefor is
obtained from the Select Board (Board) after a public hearing of which
due notice is given.
No permit shall be required for the continuous operation of
any parcel of a sand or gravel pit in operation at the time this bylaw
is adopted, provided such operation is not thereafter discontinued
for more than one year; and no permit shall be required for the removal
of soil, loam, sand or gravel from any parcel of land when incidental
to and in connection with the construction of a building on the parcel.
In issuing a permit under this bylaw, the Board may impose such
conditions not specifically provided for herein as it may deem necessary
for the adequate protection of the neighborhood and the Town. Any
conditions imposed by the Board shall be attached to and made a part
of the permit. The Board may, in its discretion, require a bond, certified
check or other security for compliance with said conditions or as
evidence of good faith as to the completion of any proposed construction.
The Board may, after a public hearing on proof of violation of any
condition, revoke any permits so issued. No permit shall be issued
under the provisions of this bylaw for a period of more than three
years.
Sand and gravel may be removed from any parcel of land, except
within 300 feet of a street or way, and the Board shall issue a permit
therefor; provided, however, that the Board shall impose such reasonable
conditions as to the disposition of topsoil and re-establishment of
ground levels and grades as it may deem necessary.
Soil or loam may be removed from any parcel of land within such
parcel determined by the Board to be unsuited to agricultural use,
and the Board may issue a permit for such removal; provided, however,
that the Board shall, in making such decision, obtain the recommendations
of the appropriate Soil Conservation District Supervisors or the County
Extension Director or Agent, or their successors, and their recommendations
shall be made a part of the records of the Board. In issuing a permit,
the Board may impose reasonable conditions as to the re-establishment
of ground levels and grades.
Notwithstanding the provisions of the above, the Board may issue
a permit for the removal of soil or loam from any parcel of land in
the Town where such removal is necessarily incidental to and in connection
with the construction of a road or other facility involving a permanent
change in the use of the land. The Board shall issue no such permit
unless it is reasonably satisfied that the construction will be completed
and evidence thereof shall be made a part of the records of the Board.
Soil, loam, sand, or gravel may be removed from any parcel of land within such parcel lying within 300 feet of any street or way, provided a permit therefor has been issued by the Board after satisfactory evidence that such removal will not be seriously detrimental or injurious to the neighborhood; provided, further, that the Board shall impose reasonable conditions as to the method of removal, the re-establishment of ground levels and grades and the planting of the area to suitable cover, as it may deem necessary. Removal of soil or loam under authority of this section shall be further subject to the provisions of § 145-3.
[Added 5-8-1982]
No gravel shall be removed closer to spring high water table
that would preclude its subsequent re-use according to existing public
health standards. This elevation shall be established from a test
pit and the level related to a permanent monument on the property.
This information shall be shown on the topographic plan.
[Added 5-8-1982]
A.
No area shall be excavated so as to cause accumulation of freestanding
water. Permanent drainage shall be provided as needed in accordance
with good conservation practices. Drainage shall not lead directly
into streams or ponds.
B.
All topsoil and subsoil shall be stripped from the operation area
and stockpiled for use in restoring the area after the removal operation
has ceased.
C.
Any temporary shelters or buildings erected on the premises for use
by personnel or storage of equipment shall be screened from public
view as much as possible. These structures shall be removed from the
premises within 30 days after they are no longer needed.
[Added 5-8-1982]
Upon completion of the operation and the final grading has been
accomplished, the applicant shall supply the Board with a plan of
the area showing contours at two-foot intervals of the finished site
drawn by a registered engineer or surveyor.
[Added 5-8-1982]
No excavation not intended for approved building purposes will
be closer than 50 feet to a wetland, stream, or pond.
The penalty for violation of this bylaw shall be as follows:
[Adopted 5-12-1992 (Art.
XXXIII of the Bylaw Compilation)]
As used in this bylaw, the following terms shall have the meanings
indicated:
Any property which may primarily be used as a source of mined
products from the earth when the removal of such products requires
the use of explosives to facilitate such removal.
The Town of Templeton will not allow any quarry to operate or
open within the Town (temporary not included).
