[Adopted 5-12-1990 (Art. IX, § 9, of the Town Bylaws)]
As used in this bylaw, the following terms shall have the meanings
indicated:
The Select Board of the Town of Lunenburg.
[Amended 5-7-2022 ATM by Art. 24]
Includes soil, loam, sand, gravel, and stone.
The purpose of this bylaw is to protect the health, safety and
welfare of the public by regulating the removal of earth so as not
to create dust, washouts, noise, ponds, and other hazardous land conditions.
Any person, firm or corporation willfully violating, disobeying
or refusing to comply with any of the provisions of this bylaw shall
be prosecuted under the terms of MGL c. 40, § 21, para.
17, and shall be subject to a fine of not more than $50 for the first
offense, not more than $100 for the second offense, and not more than
$200 for any subsequent offense. Each day during any portion of which
such violation is allowed to continue shall be considered a separate
offense. The Board may revoke or suspend the permit of any person,
firm or corporation holding a permit under this bylaw if such person,
firm or corporation violates, disobeys, or fails to comply with any
of its provisions.
Any person, firm or corporation engaged in the operation of
soil removal on the effective date of this bylaw may continue such
operation for 30 days after such date, but shall, within said 30 days,
apply for a permit in accordance with this bylaw. At the end of such
30 days, the operation shall be governed by the terms of the permit
issued or, if no such permit is issued, shall cease.
The invalidity of any section of this bylaw shall not invalidate
any other section or provision thereof.
No earth in an amount in excess of 10 cubic yards shall be moved
from any parcel of land within the Town of Lunenburg to another parcel
either within or without the Town unless such removal is authorized
by a permit issued by the Board. No earth in an amount in excess of
10 cubic yards shall be moved in less than ten-cubic-yard quantities
over a period of time, deemed by the Board to be for the purpose of
evading any of the provisions of this bylaw. No earth removal permit
shall be issued until an application therefor is filed with the Board
and the Board has held a public hearing on the application, after
publication of the time and place, and subject matter sufficient for
identification, in a newspaper having general distribution in the
Town once in each of two successive weeks, the first publication to
be not less than 14 days prior to said public hearing, and notice
of such hearing shall be sent by mail to owners of abutting property
prior to said public hearing.
Applications for such permits shall be accompanied by exhibits
and documentation deemed necessary by the Board for the proper issuance
of a permit, which shall include the following:
A.
Name and address of the legal owner of the land in question.
B.
Name and address of petitioner, if different, and names and addresses
of owners of abutting property.
C.
An adequate and sufficient plan of land prepared by a registered
engineer or land surveyor and indicating tract boundaries, adjacent
streets and roads, the limits of the proposed excavation, the locations
of all structures within 200 feet of said limits, original topography
of five-foot contours, proposed final contours of five-foot intervals,
and the location and proposed use of all structures and buildings
to be used in connection with the removal operation. Any of the above
provisions may be waived at discretion of the Board.
D.
Statement of plans for the disposal of rock, tree stumps and other
waste material, and for the drainage of the site and excavation during
and after the removal operation.
No permit for earth removal shall be issued if such removal
will:
No permit for any earth removal shall be issued for more than
one year's duration, and may be renewed thereafter.
In approving the issuance of a permit, the Board shall impose
all reasonable requirements which shall be deemed necessary by the
Board and may include: grading, seeding, and planting, fencing necessary
for public safety and screening unsightly operations, methods of removal,
location and use of structures, hours of operation, routes of transportation
of material removed, control of drainage, control of dust, disposition
of waste material incident to the operation, due consideration for
the preservation of the Town's natural resources, including inland
swamps and waters and the aesthetic values, and final appearance of
the property on completion of the operation.
The Board may require suitable bond or other security adequate
to assure compliance with any of the provisions of this bylaw.
[Amended 1-10-1968]
This bylaw shall not be construed to apply to any such removal
incidental to the construction or alteration of any structure for
which a building permit has been issued, or to the removal incidental
to the installation of any cesspool or septic tank for which a permit
has been issued by the Board of Health, or to the grading or development
of any approved subdivision or public way.
[Amended 5-30-1986]
[Amended 5-7-2022 ATM by Art. 24]
Fees shall be established from time to time by the Select Board.
Failure to pay the earth removal permit renewal fee shall result in
the automatic nonrenewal of the earth removal permit.
