City of Amesbury, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Amesbury as Art. 24 of the 1990 Bylaws; amended 5-9-1994 by Art. 57. Subsequent amendments noted where applicable.]
Demolition of buildings — See Ch. 225.
Excavations near gas lines — See Ch. 244, Art. I.
Streets and sidewalks — See Ch. 400.
The removal of soil, loam, sand and gravel from any parcel of land not in public use in the City shall be allowed only after a written permit therefor is obtained from the Mayor.[1]
Editor's Note: Throughout this chapter, references to the Board of Selectmen were amended to refer to the Mayor at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This chapter shall supersede the Earth Removal Bylaw adopted by the Town of Amesbury on October 26, 1964, and the amendment adopted by the City effective July 1, 1968, and shall become effective upon approval by the Attorney General of the commonwealth. All continuous earth removal activities in actual operation may continue their operations without new permits for one month after the Attorney General's approval, but exactly one month to the day of the Attorney General's approval the new permits shall be required of all removal operations within the City.
Landowners wishing to build a home or other buildings requiring a cellar on one parcel of land shall apply for an earth removal permit from the Mayor who may grant the permit without first calling a public hearing. The landowner must present a site plan, details of the excavation, size, destination of the soil to be excavated and a written guarantee that a building will be placed over the excavation within one year after obtaining a permit.
Developers of garden apartments, subdivisions or any other type of construction which falls under the jurisdiction of the Planning Board must first have Planning Board approval of plans before applying for an earth removal permit. The Mayor may grant the permit, to include cellar excavations and/or roadways, without a public hearing on receipt of proof of Planning Board approval of plans, details of each excavation, size, destination of the soil to be removed, and a written guarantee that the cellar excavations will be covered by buildings within a year after obtaining a permit and posting of a bond of $5,000, certified check or other security as guarantee by the owner that such plans will be fulfilled, such sum to be returned in full after excavations have been satisfactorily covered and the site restored.
The Mayor may issue a permit for removal of soil from any parcel of land in the City where such removal is necessary in connection with the construction of a road or other facility, including a municipal or state building, or federal project without a public hearing when the permit is requested by the City, state or federal government.
On receipt of an application for a commercial excavation, the Mayor shall call for a public hearing to be held within 10 days after receipt of the application, all abutters to the proposed site to be notified through newspaper advertising.
The applicant shall present a site plan of the parcel as it stands, plus a plan of its future appearance after excavation, with details on the excavation, size, and destination of the soil to be removed, and shall post a bond of $10,000, certified check or other security as guarantee that the excavator and landowner shall abide by the laws of the Town of Amesbury regarding earth removal, which shall be:
Excavation shall not be conducted less than 300 feet from any boundary of the site to be excavated.
No excavation shall be made deeper that one foot above road level.
No excavation shall damage river banks or any other natural resources.
At completion of the excavation the side of the pit must be left at a slope of two to one with one overhanging ledge.
At completion of the excavation the floor of the pit must be graded to avoid any stagnant water pools which could later form.
Whoever violates the provisions of any these specifications shall be subject to a fine of $50 for the first offense, $100 for the second offense and $200 for each subsequent offense, each day of violation to be considered a separate offense, and shall also be subject to revocation of the earth removal permit by the Mayor.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The bond of $10,000 required of commercial earth removal excavators shall be returned, in full, upon completion of the excavation and after the site has been restored to conform to the above regulations.