The purpose of this bylaw is to promote the health, safety,
welfare and amenities of the community or any neighborhood thereof,
to prevent harmful results from improper excavation and to assure
compliance with the Master Plan of the Town of Wenham.
For the purposes of this bylaw, "earth" shall include soil,
loam, sod, clay, sand and gravel or quarried stone, or any combination
thereof.
Application for a permit hereunder shall be filed with the Board of Selectmen and the Town Clerk in such forms as the Board of Selectmen shall prescribe from time to time. In the event that no rules have been prescribed at the time of the application, within 30 days of filing the application, the Board of Selectmen may require the applicant to furnish such additional specified information as may be reasonably useful and further may also require a refiling within 30 days of date of notice to applicant. The legal date of filing of application for all purposes, including those specified in §
133-5 herein, shall be the date of last filing.
The Board of Selectmen shall not issue any earth removal permit
if the work extends within 300 feet of a way open to public use, whether
public or private, or 250 feet of a building or structure, or within
100 feet of a natural stream or body of water unless the Board is
satisfied that the removal will not undermine the way or structure
and will not cause damage to the abutting property, stream or body
of water.
The invalidity of any section, subsection or provision of this
bylaw shall not invalidate any other section or provision thereof.