Pursuant to the authority vested in the Hudson PLANNING BOARD
under RSA 155-E, the following regulations concerning the disturbance
of soils are hereby adopted.
Words in all capital letters are those with special definitions as noted in §
276-2 of the LAND USE REGULATIONS.
Any OWNER shall apply to the PLANNING BOARD prior to EXCAVATION
of his/her/its land and send a copy of the application to the Conservation
Commission. The application form shall be supplied by the PLANNING
BOARD at the Community Development Department offices at Town Hall.
Said application form can also be obtained/downloaded online, via
the Town's Community Development Department website: www.hudsonnh.gov/.
In addition to submitting a written EXCAVATION of Soil application
form to the PLANNING BOARD, electronic filing, in pdf format, is required.
The PLANNING BOARD 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 purpose of
said HIGHWAY.
D. When the issuance of the PERMIT would be unduly hazardous or injurious
to the public welfare.
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.
F. Where the EXCAVATION would substantially damage a known aquifer,
so designated by the United States Geological Survey.
G. Where EXCAVATION is planned beneath or adjacent to inland surface
waters in such manner that a PERMIT is required from the New Hampshire
Water Supply and Pollution Control Commission, the New Hampshire Water
Resources Board, the New Hampshire Wetlands Board or other state,
county or federal agencies with jurisdiction over the premises, except
that the PLANNING BOARD may approve the application only after all
such other necessary permits have been obtained.
H. Where the project cannot comply with the restoration provisions of §
200-7.
Following are the general conditions with which all EXCAVATION
work must comply, following issuance of a permit:
A. All original topsoil shall be stockpiled on the site and spread on
the final slopes. No original topsoil, including LOAM, may be removed
from the site, unless written permission therefor is given by the
PLANNING BOARD.
B. Interim, i.e., daily, slopes shall not be left steeper than 3:1,
unless written permission is obtained from the Town Engineer, who
may require specific soils data to be obtained at the expense of the
owner.
C. Hours of excavating or removal shall be limited, such that no work
shall take place prior to 7:00 a.m., after 7:00 p.m. or on Sundays
or holidays.
Within 12 months after the expiration date in the PERMIT as defined in §
276-9C or the completion of the EXCAVATION, whichever occurs first, the OWNER of the excavated land shall restore the area affected by the EXCAVATION to meet each of the following minimum conditions:
A. Except for exposed rock ledge, said area shall be covered with vegetation
suitable to prevent erosion and with soils suitable to sustain such
vegetation, thus:
(1) No area shall be left in such a condition that erosion of the area
after completion of the work may result in water pollution by silt
or other deleterious substances.
(2) The area shall be left in such shape and condition that material
shall not wash to block or obstruct drainageways.
(3) Unless the area is intended to serve as an approved pond, the area
shall be left as free draining as practicable.
(4) Unless otherwise allowed in writing by the PLANNING BOARD, all disturbed
areas shall be spread with the original topsoil or strippings, if
any, to a minimum four-inch depth.
(5) Unless waived in writing or otherwise stipulated by the PLANNING
BOARD, areas from which trees have been removed shall be planted with
two-year-old plants or plants furnished under a standard nursery order.
Type of plants selected shall be included in the "large tree" category
as listed in Trees and Shrubs in New Hampshire — A Guidebook
for Natural Beauty Projects. (Extension Bulletin No. 163, revised,
published May 1980 by the Cooperative Extension Service of the University
of New Hampshire, Durham, New Hampshire, a copy of which is on file
in the office of the Town Engineer.) Seedlings without center buds
and seedlings with pruned roots shall not be accepted. Seedlings shall
be set out under review of the Town Engineer in accordance with accepted
horticultural practice at eight-foot spacing in both directions, all
as approved by the Town Engineer.
(6) Areas from which low brush or grass has been removed shall be (at
the option of the owner) planted with red pine seedlings or covered
with material capable of supporting vegetation and seeded as described
and specified in Parts 1, 2 and 3 of Section 644 (Grass Seed) of the
Standard Specifications for Road and Bridge Construction by the New
Hampshire Department of Public Works and HIGHWAYS, 1974, et seq.
(7) Unless written permission is obtained from the PLANNING BOARD to
preserve fire or other access roads (paved or unpaved) to excavated
areas, such roads shall be obliterated.
B. Debris resulting from the EXCAVATION shall be buried or removed.
C. All slopes shall be graded to natural repose for the type of soil
of which they are composed. Further, the area shall be restored in
such shape that it shall be blended to be in keeping with the surrounding
terrain.
D. The elimination of any standing bodies of water created in the EXCAVATION
project as may constitute a hazard to health and safety, unless the
PLANNING BOARD specifies different restoration.
E. Exemptions. EXCAVATION for the purpose of installing or creating
pools, patios, and landscaping features or recreational areas shall
be finished to the conditions specified on the permit.
When the scope of a project for which an EXCAVATION PERMIT has
been issued is proposed to be altered so as to affect either the size
or location of the EXCAVATION, the rate of removal or the PLAN for
restoration, the OWNER shall submit an application for amendment of
his/her/its EXCAVATION permit, which application shall be subject
to approval in the same manner as provided for an original EXCAVATION
permit.
Hearings on applications are as noted in §
276-5 of the LAND USE REGULATIONS.
If the PLANNING BOARD determines the application is not prohibited by §
200-5 above and approves it after the public hearing, the Board shall grant an EXCAVATION PERMIT to the APPLICANT only after:
A. Town receipt of an EXCAVATION PERMIT fee as shown in §
276-6.
B. Unless waived by the PLANNING BOARD, receipt by the office of the Town Engineer of a bond or other Surety as specified in §
276-4 in an amount computed by the Town Engineer and approved by the PLANNING BOARD as being reasonably sufficient to guarantee PERMIT compliance.
C. Unless waived by the PLANNING BOARD, receipt by the PLANNING BOARD
of a letter from Town Counsel certifying all documents as to form.
Town Counsel fees shall be paid by the Owner.
Fees associated with EXCAVATION PERMIT Applications are specified in §
276-6D.