As used in this chapter the following terms
shall have the meanings indicated:
BOARD
The Planning Board of the Town of Ashland.
EARTH
All forms of soil, including, without limitation, loam, sand,
gravel, clay, peat, hardpan or rock.
LOT
A single piece or parcel of land lying in a solid body, under
single, joint or several ownership, and separated from contiguous
land by property lines or street lines.
OWNER
The owner of the land with respect to which earth is sought
to be removed or the person lawfully standing in the stead of such
owner as, for example, a lessee or tenant.
REMOVAL
Stripping, digging, excavating or blasting earth from one
lot and removing or carrying it away from said lot.
The following activities are exempted from the
provisions of this chapter:
A. Public land: earth removal on lands in public use.
B. Intra-lot activities: except for the provisions relative to loam and the removal of lateral support in §§
242-6 and
242-7 below, any earthmoving activities confined entirely to the limits of a single lot, as herein defined.
C. Surplus earth: removal of surplus earth resulting
from a bona fide construction project being carried on pursuant to
the issuance of a building permit.
D. Small quantities: any earth removal involving fifty
(50) cubic yards or fewer in total.
Permits to remove earth in quantities not exceeding two hundred fifty (250) cubic yards, but in excess of the exempted amount of fifty (50) cubic yards, may be issued informally by a majority vote of the Board without need of complying with the provisions of §
242-3 above as to the submission of plans, notice, hearings, recover, bonds, etc.; provided, however, that:
A. Proper surface drainage of the parcel is assured during
and after the removal of earth.
B. No grades resulting from such earth removal exceed
a slope of one (1) foot of vertical rise to four (4) feet of horizontal
distance for the first one hundred (100) feet from all property lines,
and no grades are below existing center-line road grade for a distance
of two hundred (200) feet from the street line.
C. Informal permits shall not exceed one (1) year from
date of issue.
D. No more than three hundred (300) yards of earth shall
be removed from any one (1) lot by informal permit during any three-year
period.
In no event may any loam be stripped and removed
from any land in the Town of Ashland, except surplus loam incidental
to and in connection with bona fide construction on a lot.
There shall be no removals of earth or earth
movements of any kind, whether from one parcel to another or whether
conducted entirely within a single parcel, the result of which is
to remove lateral support from adjoining land, unless a one-to-four
grade or slope is preserved for a distance of twenty-five (25) feet
in from all lot lines or is reduced to an extent greater than herein
provided if written consent is obtained in advance from the owner
of an adjoining lot or from the Board, in the case of adjoining public
ways, and if evidence of such written consent is filed with the Board
prior to commencement of this work. In all cases of adjoining lands
under public ownership or control, written permission from the Board
will suffice notwithstanding what political subdivision owns or controls
said adjoining land.
The penalty for violating any provision of this
chapter shall be as follows:
A. For the first offense: one hundred dollars ($100.).
B. For the second offense: two hundred dollars ($200.).
C. For each subsequent offense: five hundred dollars
($500.) and/or revocation of said permit.
The provisions of this chapter are hereby declared
to be severable; and if any such provision or the application of such
provision to any person or circumstances shall be held invalid or
unconstitutional, such invalidity or unconstitutionality shall not
be construed to affect the validity or constitutionality of any of
the remaining provisions or the application of such provisions to
persons or circumstances other than those as to which it is held invalid.
It is hereby declared to be the legislative intent of this chapter
that said remaining sections would have been adopted has such invalid
or unconstitutional provisions not been included therein.
The Board shall be responsible from the administration
and enforcement of this chapter.