[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.]
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]
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.
A.
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.
B.
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:
(1)
Excavation shall not be conducted less than 300 feet
from any boundary of the site to be excavated.
(2)
No excavation shall be made deeper that one foot above
road level.
(3)
No excavation shall damage river banks or any other
natural resources.
(4)
At completion of the excavation the side of the pit
must be left at a slope of two to one with one overhanging ledge.
(5)
At completion of the excavation the floor of the pit
must be graded to avoid any stagnant water pools which could later
form.
C.
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]
D.
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.
