In accordance with the provisions of New Hampshire
Revised Statutes Annotated, Chapter 155-E:11, the Wolfeboro Planning
Board adopts the following chapter in implementation thereof to govern
the excavation of earth and the restoration of excavation sites in
the Town of Wolfeboro, New Hampshire.
As used in this chapter, the following terms
shall have the meanings indicated:
ABUTTER
Any person whose property is located in New Hampshire and
adjoins or is directly across the street or stream from the land under
consideration. For purposes of receiving testimony only, and not for
purposes of notification, the term "abutter" shall include any person
who is able to demonstrate that his land will be directly affected
by the proposal under consideration. For purposes of receipt of notification
of a hearing hereunder before the regulator where an abutting property
is under a condominium or other collective form of ownership, the
term "abutter" means the officers of the collective or association
as defined in RSA 356-B:3, XXIII.
APPLICANT
The record owner of the excavation site at the time of application
or said owner's designee in writing.
APPLICATION
A complete submission of information and plans as required by RSA 155-E:3 and by §
171-4, Application procedure, below, necessary for the issuance of a permit for excavation of earth.
AQUIFER
A water-bearing stratum of permeable rock, sand or gravel.
Aquifers appear on statewide mapping prepared by the United States
Geological Survey entitled "Availability of Ground Water."
EARTH
Sand, gravel, rock, soil or construction aggregate.
EXCAVATION
A land area which is used, or has been used, for the commercial
taking of earth, including all slopes.
EXCAVATION PIT AGREEMENT
An agreement between the excavation site owner and the contractor
describing the terms and procedures for material excavation.
No excavation of earth shall take place in the
Town of Wolfeboro without the record owner of the excavation site
or his designee in writing first obtaining a permit therefor from
the regulator, except:
A. Excavation that is incidental to the lawful construction
or alteration of a building or structure or the lawful construction
or alteration of a parking lot or way including a driveway on a portion
of the premises where removal occurs. (RSA 115-E:2, I).
B. Excavation that is incidental to agricultural or silvicultural
activities, normal landscaping or minor topographical adjustment.
(RSA 155-E:2, II).
C. Excavation from an area contiguous to, or from contiguous
land in common ownership with, stationary manufacturing and processing
plants in operation as of August 24, 1979, which use earth obtained
from such areas. (RSA 155-E:2, III). For the purpose of this exception,
an area or land separated from such plant by a street or other public
right-of-way shall not constitute a contiguous area or contiguous
land.
D. Excavation from a granite quarry. (RSA 155-E:2, IV).
E. Excavation performed exclusively for the lawful construction,
reconstruction or maintenance of a Class I, II, III, IV or V highway
by a unit of government having jurisdiction of the highway or an agent
of the unit of government which has a contract for the construction,
reconstruction or maintenance of the highway, provided that a copy
of the pit agreement executed by the owner, the agent and the governmental
unit shall be filed with and accepted by the regulator prior to start
of excavation, but such excavation shall not be exempt from the provisions
of RSA 155-E:4 and 155-E:10. (RSA 155-E:2, V).
F. A person owning land abutting a site which was taken
by eminent domain or by any other governmental taking upon which construction
is taking place may stockpile earth taken from the construction site
and may remove the earth at a later date after written notification
to the appropriate local official. (RSA 155-E:2, VI)
The following site performance standards shall
be incorporated by reference into the site excavation plan and conditions
for permit approval and must be complied with in performing any excavation
subject to RSA 155-E or this chapter.
A. Depth of excavation. The excavation shall not go deeper
than five feet above the seasonal high groundwater table.
B. Excavation site access roads. Access roads leading to and from the excavation site shall intersect existing streets and roads at locations that have been duly approved by state or local officials and in a manner that will not endanger the safety of highway users and local residents. The provisions of RSA 236:13 and 236:14 and the provisions for access under Chapter
174, Subdivision of Land, shall be adhered to by the applicant. Access over Class VI roads, bridges or other public ways to be utilized in the proposed excavation shall be clearly shown on the excavation/restoration plan. The maintenance and final condition of said roads, bridges and ways shall be defined in writing and made a part of said plan.
C. Topsoil. Prior to the excavation of earth at a new
excavation site, all topsoil material shall be stripped and stored
for use in restoring the site upon the completion of excavation at
that site. The removal of topsoil should be undertaken in a phased
manner to minimize erosion potential.
D. Timber removal. The applicable New Hampshire statutes
and regulations pertaining to forest practice and timber harvesting
shall apply to the removal of vegetative cover at excavation sites.
E. Visual barriers. A vegetative or topographical buffer
of a minimum of 50 feet shall be maintained between surrounding streets,
highways, commercial and residential land uses and the excavation
site. The regulator shall direct the applicant as to specific requirements
for the proposed excavation site and may in its discretion waive or
alter the fifty-foot requirement in unusual situations. Existing visual
barriers shall be retained to the extent possible and should be augmented
where necessary in the conduct of the excavation project.
F. Slopes. The regulator may in its discretion specify
excavation slopes that will provide a slope to minimize erosion from
restoration work or heavy rain or snow load. A slope no steeper than
three to one (i.e., 33%) will generally be considered acceptable,
except for a long slope where a bench may be required. For shorter
slopes, when the soil is suitable a two to one (i.e., 50%) slope may
be deemed acceptable.
G. Standing water. No excavation may cause or create,
directly or indirectly, any standing body of water. The regulator
may grant, in writing, a special exception to allow same, provided
that the public health, safety and welfare will not be adversely affected.
Such body of water shall be indicated on the plan and the exception
noted.
H. Rate of restoration. All excavation must be restored
so as to comply with RSA 155-E:5 and this chapter by the end of the
calendar year following the termination of excavation. The regulator
may waive this requirement in cases of unusual hardship.
I. Debris. Debris resulting from the excavation shall
be buried or removed consistently with applicable state regulations.
J. Waste material. Excavation sites shall be kept free
of all discarded waste material, i.e., machine parts, cables, cans,
etc.
K. Setback. If the proposed site is close to surface
water, such as a stream, river or pond, particular attention shall
be paid to the setback of the excavation from the water. The regulator
will need to be assured that, even in the case of a flood, the setback
will be sufficient to prevent any water, which may have entered the
excavation, from reentering the surface water source.
L. Off-site highways. Off-site highways used in connection
with the excavation site and its operation shall be used in compliance
with applicable judicial, state and town laws, ordinances and regulations.
The regulator shall not grant a permit:
A. Where an excavation is proposed below road level within
50 feet of any highway right-of-way, unless such excavation is for
the purpose of said highway (RSA 155-E:4, I).
B. For excavation within 50 feet of the boundary of a
disapproving abutter or within 10 feet of the boundary of an approving
abutter, unless approval is requested by said abutter (RSA 155-E:4,
II).
C. When the excavation is not permitted by Chapter
175, Zoning, or other applicable ordinance (RSA 155-E:4, III).
D. When the issuance of the permit would be unduly hazardous
or injurious to the public welfare (RSA 155-E:4, IV).
E. Where existing visual barriers in the areas specified
in RSA 155-E:3, III would be removed, except to provide access to
the excavation (RSA 155-E:4, V).
F. Where the excavation would substantially damage quality
of the groundwater and/or reduction in the long-term volume of water
of a known aquifer, so designated by the United States Geological
Survey (RSA 155-E:4, VI), and, accordingly, the applicant shall at
his expense submit to the regulator evidence prepared by a qualified
professional that the excavation will not detrimentally affect the
quality of the groundwater contained in the aquifer by directly contributing
to pollution or by increasing the long-term susceptibility of the
aquifer to potential pollutants and the excavation will not cause
a significant reduction in the long-term volume of water contained
in the aquifer or in the storage capacity of the aquifer, in cases
where the regulator determines that there is the potential for damage
to an aquifer by the proposed excavation.
G. When excavation is planned beneath or adjacent to
inland surface waters in such manner that a permit is required from
the Water Supply and Pollution Control Commission, the Water Resources
Board, the Wetlands Board or other state or federal agencies with
jurisdiction over the premises, but the regulator may approve the
application when all necessary permits have been obtained (RSA 155-E:4,
VII).
H. Where the project cannot comply with the restoration
provisions of RSA 155-E:5 (RSA 155-E:4, VIII).
All existing excavations in use as of August
24, 1979, must be registered with the regulator if the owner thereof
intends to continue such existing excavation without a permit pursuant
to N.H. Laws 1979, 481:3. Such registration shall be on a form provided
for such purpose by the regulator. The applicant must submit satisfactory
evidence of the existing excavation being in use as of August 24,
1979. Said form shall require the name and address of the owner(s)
of the property, the name and address of the party designated by the
owner(s) to excavate, if applicable, and the location by Wolfeboro
Tax Map number and by reference to Carroll County registry of deeds
by book and page. Said registration must be completed within six months
after the effective date of this chapter. Sites not so registered
with the regulator shall be considered not to have been existing sites
in use on said date and therefore must comply with the applicable
requirements of RSA 155-E and of this chapter as a new excavation
prior to use. The regulator may extend the registration period up
to an additional six months in the case of hardship.