In order to help protect the water storage and quality within
the Town of Foxborough, and to protect the welfare of the inhabitants
of the Town, the following Earth Removal Bylaw is adopted pursuant
to the provisions of MGL c. 40, § 21, Paragraph 17.
For the purpose of the bylaw, the following definitions shall
apply:
BOARD
The Select Board of the Town of Foxborough.
[Amended 1-30-2023 STM by Art. 1]
EARTH
Includes soil, loam, sand, and gravel.
No special use permit shall be required for the following:
A. Moving of earth within the limits of an individual parcel or series
of contiguous parcels of land in single ownership.
B. Removal of earth from an operating farm, nursery, or cemetery to
the extent that such removal is necessary to the operation of same.
The term "operating farm" as used in this section shall be defined
as a parcel of land five acres or more in area, the primary and principal
use of which is agriculture and which is being actively operated for
agriculture as the primary and principal use of the land and not as
an accessory use.
C. The moving and removal of earth for any municipal purpose by, or
on behalf of, any department of the Town of Foxborough.
D. A noncommercial operation of moving and removal of earth within the
Town of Foxborough by one load not in excess of two cubic yards.
E. Removal of not more than 200 cubic yards of earth from a site where
a building is under construction pursuant to a building permit to
the extent as may be necessary to install the foundation and basement
of the building.
F. Removal of earth from a site by governmental authority to the extent
as may be necessary to complete the project as planned.
Within the Zone II of a public water supply the following is
prohibited: the removal of soil, loam, sand, gravel or any other mineral
substances within six feet of the historical high groundwater table
(as determined from monitoring wells and historical water table fluctuation
data compiled by the United States Geological Survey), unless the
substances removed are redeposited within 45 days of removal on the
site to achieve a final grading greater than six feet above the historical
high water mark, and except for excavations for roads, building foundations,
or utility works.