[HISTORY: Adopted by the Board of Selectmen of the Town of Littleton 3-1983. Amendments noted where applicable.]
I. 
Authority. These regulations are adopted by the Board of Selectmen of the Town under the power granted to them by the Soil Removal Bylaw (Article 11 of the bylaws of the Town).
II. 
Purpose. These regulations are adopted for the purpose of:
A. 
Establishing the form of the written application which must be submitted to the Board of Selectmen by persons seeking Soil Removal Permits or the extension of permits.
B. 
Describing the conditions, limitations and safeguards relating to soil removal activities which have been established by the Board of Selectmen as a matter of policy together with such further conditions, limitations and safeguards which said Board may impose from time to time when granting Soil Removal permits.
C. 
Establishing procedures which will be followed by the Board of Selectmen in giving notice of proceedings relating to applications for Soil Removal Permits; on holding hearings on such applications; and for enforcing the terms of said permit and of the Soil Removal Bylaw.
III. 
Definitions. The following terms are defined as they are used in the Soil Removal Bylaw and in these regulations.
EARTH MATERIALS
Soil, loam, sand, gravel, or other earth material.
EARTH MATERIALS REMOVAL ACTIVITY
The process by which Earth Materials are removed from their natural location, stored or stockpiled, loaded upon means of transportation, and conveyed from the Earth Materials site, including, without limitation, any one or more of the following: stripping, digging, excavating, washing, stockpiling, loading, or unloading.
EARTH MATERIALS SITE
The location which is described in an Earth Removal Permit or Soil Removal permit Application at which Earth Materials occur in their natural state.
LOT
Any parcel of land referred to on the most recent tax list of the Town prior to the filing of the earth removal application shall be deemed to be a "lot" as that term is used with reference to such application. The bounds of such lot shall be as shown on the Assessors' Plans upon which such tax list is based.
LOTS ABUTTING
This term shall include:
A. 
In the case of a lot having frontage on a public or private way, the lot or lots directly opposite on any such public or private way and those lots abutting said lot or lots within 300 feet of the property line of the site shown on the application as they appear on the most recent applicable tax list, notwithstanding that said lot or lots is located in another city or Town.
B. 
In the case of a lot having frontage on a body of water such as a lake or pond, any other lot or lots having frontage on said body of water which are not owned directly or indirectly by the applicant and which are within 2,000 feet of said lot.
C. 
In the case of a lot having frontage on a water course such as a stream or river, the lot or lots directly opposite on any such stream or river and those lots abutting said lot or lots within 300 feet of the property line of the site shown on the application as they appear on the most recent applicable tax list, notwithstanding that said lot or lots is located in another city or Town.
SOIL REMOVAL PERMIT
Any permit issued under the Soil Removal Bylaw by the Board of selectmen at any time before or after the adoption of these regulations.
SOIL REMOVAL PERMIT APPLICATION
The information required of or submitted by any person seeking a Soil Removal permit. An application under the Bylaws submitted after the adoption of these Regulations shall not be considered to be an application or as having been filed unless it is submitted on the form specified in Article IV of these Regulations and is accompanied by all of the supplementary data and documents required by these Regulations and by the form of application.
STREET LINE
The limits of any public way as shown on the lay-out thereof as adopted by the Board of Selectmen, by the County Commissioners, or other public agency responsible for determining the location of such way, or in the case of a way shown on Subdivision Plan approved under the Subdivision Control Law, the limits of such way as shown on said Plan.
IV. 
Earth removal permit applications.
A. 
Applications for Soil Removal Permits shall be submitted on the form attached to these Regulations As Exhibit A.
B. 
Each application shall be accompanied by separate plans as follows:
1. 
Existing topography based on a current survey showing five-foot contour intervals. Elevations should be related to USGS data.
2. 
A log of soil borings taken to the depth of the proposed excavation. The number of borings taken will vary with the size and geological make-up of the site.
3. 
A topographical map showing final grades, drainage facilities, etc., after excavation.
4. 
The location of wells, fences, test pits, test borings, observation wells with logs, structures and buildings, streams, ponds, and vegetated wetlands, property bounds, access roads and adjacent public and private ways, if any.
5. 
Routes of vehicular traffic, location of service roads, entrances and exits to highways.
C. 
Restoration standards:
1. 
No slope shall be left with a slope steeper than 2:1 (50%).
2. 
All debris, stumps, boulders, etc., shall be removed from the site and disposed of in an approved location, burned at the site, or in the case of inorganic material, buried and covered with a minimum of two feet of soil.
3. 
Following excavation and as soon as possible thereafter, ground levels and grades shall be established as shown on the completed topographical plan.
4. 
Retained subsoil and topsoil shall be re-spread over the disturbed area to a minimum depth of four inches. This soil shall be treated with three tons of lime per acre and 1,000 pounds of 10-10-10 fertilizer per acre and seeded with a grass or legume mixture prescribed by the Middlesex Conservation District. Trees or shrubs may be planted in order to provide screening, natural beauty, and to reduce erosion. The planted area shall be protected from erosion during the establishment period using good conservation practices.
5. 
Upon completion of the operation, the land shall be left so that natural storm drainage leaves the property at the original natural drainage points and so that the area of drainage to any one point is not increased.
6. 
Within six months after termination of gravel operations, all equipment, buildings, structures, etc., shall be removed from the premises.
V. 
Procedure on applications.
A. 
An Earth Removal Application will be considered to have been filed with the Board of Selectmen only when the following have been received:
1. 
Application form fully completed.
2. 
List, including names and addresses, of all owners of all lots abutting (as that term is defined in these Regulations) the parcel as to which the Earth Removal permit is sought.
3. 
A check in the amount of $25 as the Application Fee, which is not refundable.
4. 
Applicant will be required to pay the cost of publication of the notices of the hearing plus the cost of mailing notices of the hearing by certified mail, return receipt requested, to each abutter shown on such list before a permit may be issued.
5. 
A consent in writing by the owner of the Earth Materials Site shown on the Earth Removal Permit Application for members of the Board of Selectmen, or any other persons authorized by the Board of Selectmen, to act for it to enter the site and to make or have made at the Applicant's expense, such tests and observations and record such data as they may deem necessary and which are clearly pertinent to the Soil Removal Activity at any time during the duration of the permit.
B. 
The Board of Selectmen will at their next meeting after they have received an Earth Removal Permit Application set a date for a public hearing on the application which shall be not less then 30 nor more than 45 days after the Earth Removal Permit application was filed with the Board of Selectmen and they shall cause notice of the hearing to be given as provided in the Soil Removal Bylaw.
C. 
At the hearing on the Soil Removal permit Application, the Applicant shall be prepared to answer questions concerning the application and the proposed Soil Removal Activity. The Board of Selectmen will hear from the Applicant and will make available the recommendations which it has received from the Soil Conservation Service of Middlesex County and the Middlesex Conservation District. The Board will hear from any persons to whom notice was required to be given by mail under the Soil Removal Bylaw and may hear from any other persons likely to be affected by the proposed Soil Removal.
D. 
The Board of Selectmen may require persons speaking at the hearing to make their statements under oath and may require the Applicant to submit a written response to any recommendations, comments, or questions presented at the hearing.
E. 
Within 30 days after the hearing, the Board of Selectmen will act on the Application. If the Board denies the permit, it shall provide a statement of its reasons for denial. If the Board grants the permit, it shall do so in writing. This approval will include such conditions, terms, and restrictions as the Board of Selectmen deems necessary.
F. 
The holder of a Permit who:
1. 
Wishes to have the terms, conditions or restrictions of an Earth Removal Permit modified, or
2. 
Wishes to alter the Removal site Plan or Restoration Site Plan, or
3. 
Seeks an extension of the duration of the Permit, shall file a Modification Application which, unless the Board of Selectmen otherwise votes, will be treated as an Application for a new permit and subject to the procedures set out in Article V. in any event, a public hearing in accordance with the Soil Removal Bylaw will be held on every request for an extension of the duration of the Permit.
VI. 
Procedure for enforcement of terms and conditions of earth removal permits and soil removal bylaw.
A. 
Any owner or successor owner of a lot of which any part was owned by a person shown on the list filed under Section V.A.2., and any person who can demonstrate that a lot owned by him/her is adversely affected by the Earth Removal Activity, may petition the Board of Selectmen to consider a claim of violation of an Earth Removal permit or of the Soil Removal Bylaw.
B. 
A claim of violation shall be filed in writing with the Board of Selectmen and shall state the particulars of the alleged violation.
C. 
Notice of the claim of violation will be given by the Board of Selectmen to the holder of the permit (if a Permit has been issued), to the Town Counsel, to other persons entitled to notice of hearings under these Regulations, or other officer designated as responsible for investigation of complaints and for enforcing the Soil Removal Bylaw.
D. 
Within 10 days, the Board of Selectmen will assign a date for public hearing on a written complaint at which hearing the holder of the Permit, the person named in the claim of violation, or the owner (according to the most recent tax list) of the lot on which such violation is claimed to have occurred shall attend and respond to the complaint. The Board will, after the hearing, take such action with respect to the activity or to the permit (if the Permit has been issued) as may be necessary to carry out the purposes of the Bylaw including, but not limited to, revocation or modification of the Permit and commencement of proceedings to enforce the Soil Removal Bylaw.
VII. 
Terms, conditions, and restrictions on earth removal permits.
A. 
The Board of Selectmen, at the time of issuing a Soil Removal Permit, will impose such special terms, conditions, and restrictions as they may deem necessary to accomplish the purposes of the Soil Removal bylaw in the particular circumstances. In addition to the special terms, conditions, and restrictions, the Permit will be considered to be issued subject to the terms, conditions, and restrictions set out in Section VII.C. of these Regulations, unless specifically waived by the Board with the Reasons for the waiver action clearly stated in writing. In the event of changes in these Regulations after the date of a soil Removal Permit, the terms of the Regulations as changed will apply to any renewal of such Permit.
B. 
The Board of Selectmen, with the issuance of these Regulations, hereby establishes a schedule of fees payable by the Applicant as a condition of the issuance of a Soil Removal permit and at the time of the issuance of the Permit. The schedule, which is to be applied to a Registered land Surveyor or Registered Professional Engineer's estimate of the volume of material to be removed, is designed to contribute to the Town's costs arising out of a Soil Removal Activity. The schedule is as follows:
Up to 25,000 cu. yds.
$100
26,000 to 50,000 cu. yds.
$200
51,000 to 75,000 cu. yds.
$300
76,000 to 100,000 cu. yds.
$400
101,000 to 125,000 cu. yds.
$500
126,000 to 150,000 cu. yds.
$600
Over 150,000 cu. yds.
$700
C. 
The following terms and restrictions will apply to all Soil Removal permits issued hereafter by the Board of Selectmen unless otherwise stated in the Permit:
1. 
Earth Removal operations shall be conducted only between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday and loaded trucks will be permitted to depart from the site only within such hours as the Board of Selectmen may from time to time prescribe in the interests of public safety.
2. 
All trucks and trailers will be suitably covered to prevent their contents from falling upon streets or highways. All stones, sand, gravel, or other material resulting from the removal operation shall be removed from the traveled part of the highway at the close of each day's operation, or sooner if a dangerous condition arises during the day's operation.
3. 
All equipment and all temporary structures to be erected or brought upon the premises for the shelter of working personnel or equipment shall be removed from the site when no longer required for earth removal activities.
4. 
No excavation proceedings under the provisions of these Regulations shall deviate from the provisions of the Removal Site Plan or shall be closer than 300 feet to an existing dwelling or well or closer than 200 feet to an existing public way or closer than 200 feet to an existing side or rear lot line. Notwithstanding the foregoing, however, in special circumstances when, in the opinion of the Board of Selectmen, natural or topographical features provide adequate screening of the Removal Site, the Board may reduce the distance of the excavation from a side or rear lot line, but in no event to a distance of less than 100 feet. In no event shall the excavation go below a point four feet above the level of the established water table. Exceptions to this requirement may be made by the Board when the creation of a pond is contemplated in conjunction with the Earth Removal Activity and when necessary permits have been secured from the Conservation Commission of the Town of Littleton and from such county and state and Federal agencies as have jurisdiction.
5. 
All excavation will be conducted, maintained and secured so as not to endanger the stability or utility of contiguous property.
6. 
All boundaries are to be marked in accordance with the Removal Site Plan, indicating the permitted areas of operation. Lot lines within 500 feet of the excavation site are to be marked at appropriate intervals with blue tapes or ribbon or painted stakes. The area to be excavated is to be marked at appropriate intervals with red tapes, ribbon, or painted stakes. Set-back markers, which will not be disturbed and which will be visible during the Removal Activity, shall be installed at specific locations. As promptly as Earth Removal Activities are completed on any portion of the site, and in any event no later than the termination date of the Permit, grades and elevations shall be established in accordance with the Restoration Site Plan.
7. 
Temporary drainage shall be provided to avoid the creation of any standing water on the site and shall be in the manner and in the locations shown on the Removal Site Plan.
8. 
Permanent drainage shall be provided in accordance with good engineering practices prior to the expiration date of the Permit and shall conform to the provisions of the Restoration Site Plan.In no event shall the lowest final grade of excavation be below four feet above the high ground water level.
9. 
No permanent slope will be established greater than 30°.
10. 
Any work face or bank which slopes more than 30° downward will be adequately fenced at the top as may be required from time to time.
11. 
All machinery and equipment while not in operation shall be properly secured so as not be represent a danger to the public.
12. 
During removal operations, every reasonable effort shall be made to keep dust, noise, fumes smoke, vibration, or other noxious conditions from affecting abutting land, including the wetting down of any gravel access road to control dust.
13. 
Temporary off-street parking for motor vehicles shall be provided during the life of the Permit.
14. 
Any access to excavated areas or areas in the process of excavation shall be blocked off with adequate barriers and posted with "No Trespassing" signs during all periods when removal operations are shut down.
15. 
Under no circumstances are explosives to be used in connection with the Permit. Any use of explosives must be in strict compliance with state statutes and by separate permit from appropriate authority.
16. 
The within Permit shall be personal to the Applicant and may not be sold, assigned, or otherwise transferred, mortgaged, pledged, or encumbered without the approval of the Board of Selectmen upon such terms and conditions as they may deem necessary to assure compliance with the terms of the Permit, the Bylaw and these Regulations.
17. 
Trees, stumps, boulders, and other debris resulting from the earth removal operation will be removed, buried or otherwise destroyed as required by the Board of Selectmen. No open burning will be permitted except by permission of the Fire Chief.
18. 
Any backfill material utilized in connection with the Restoration Site Plan will be clean and free of rubbish, refuse, or other similar matter. No dumping or disposal of refuse will be allowed on the site at any time.
19. 
The site work and specifications noted on the Restoration Site Plan shall be performed in accordance with said Plan. Topsoil cover shall be retained, replaced, or introduced suitable for plant growth over all areas disturbed by the removal operation to a depth of not less than four inches and the area shall be replanted with trees, grass, or other suitable ground cover as specified in said Plan. Upon completion of the operation, the Applicant shall have taken such steps as are necessary to insure that the planted area is protected from erosion until its growth is established.
VIII. 
Compliance with earth removal permits.
A. 
At the time of issuing a Soil Removal permit, the Board of Selectmen will require that compliance by the Applicant with the conditions, terms and restrictions of the Permit be secured by the following method, and shall be selected initially by the Board of Selectmen and which may during the term of the Permit upon the request of the holder of the Permit, be varied by the Board of Selectmen:
1. 
By a proper bond or deposit of money or negotiable securities, sufficient in the opinion of the Board of Selectmen to pay the cost of doing the work necessary to make the site conform to the Restoration Site Plan. The penal sum of any such bond or the amount of any deposit required may be decreased by the Board from time to time as the progress of Soil Removal or the restoration work warrants in order that the said penal sum or the amount of the deposit shall be and remain reasonably approximate to the cost of doing such necessary work. Any such bond may be enforced and any such deposit may be applied by the Board of Selectmen for the benefit of the Town upon failure of the performance for which said bond or deposit is given, including the cost of work done or on behalf of the Town under the terms of Section V, a.5. to the extent of the actual cost to the Town for completing such performance.
B. 
Upon restoration of the site to the condition shown in the Restoration Site Plan and full compliance by the holder of the permit with all conditions, terms and restrictions contained therein, the Board of Selectmen, upon being satisfied by such investigation as it shall deem necessary that the required restoration has been completed, will issue a Certificate of Compliance which will conclusively establish such compliance and shall release the interest of the Town in any bond and return the bond or deposit to the person entitled to receive the same.
IX. 
Amendments. These Earth Removal Regulations may be amended by the Board of Selectmen at any scheduled regular or special meeting of the Board of Selectmen upon seven days' notice posted in the Town Hall and in such manner and other place as they deem appropriate.