[HISTORY: Adopted as Art. II of the 1977 compilation. Amendments noted where applicable.[1]]
[1]
Editor's Note: This chapter was amended 6-12-2021 ATM by Art. 37 to change the chapter title from "Soil Removal" to "Earth Removal."
The removal of soil, loam, sand and gravel from any parcel of land not in public use in the Town of Littleton, except as hereinafter provided may be allowed only after a written permit therefor is obtained from the Select Board after a public hearing of which due notice is given.
[Amended 5-7-1979 ATM, Art. 34; 6-12-2021 ATM by Art. 37]
No permit shall be required for the removal of soil, loam, sand or gravel from any parcel of land for the following activities provided below:
A. 
Building Permit: When removal is incidental to and in connection with the issuance of a building permit for the construction of a building on the parcel, the volume of earth to be removed without an earth removal permit shall not exceed 1,000 cubic yards.
B. 
Subdivision or Special Permit: Removal by approval of a definitive subdivision plan under the Subdivision Control Law or through the issuance of a special permit when such removal is necessary for the construction of an approved street and associated infrastructure.
C. 
Any removal of earth 100 cubic yards or less within 90 days.
In issuing a permit under this chapter, the Select Board may impose such conditions not specifically provided for herein as it may deem necessary for the adequate protection of the neighborhood and the Town. Any conditions imposed by the Board shall be attached to and made a part of the permit. The Board may, in its discretion, require a bond, certified check or other security for compliance with said conditions or as evidence of good faith as to the completion of any proposed construction.
The Board may, after a pubic hearing on proof of violation of any condition, revoke any permits so issued.
No permit shall be issued under the provisions of said chapter for a period of more than three years.
Sand and gravel may be removed from any parcel of land, except within 300 feet of a street or way, and the Board shall issue a permit therefor, provided, however, that the Board shall impose such reasonable conditions as to the disposition of topsoil and the reestablishment of ground levels and grades as it may deem necessary.
Soil or loam may be removed from any parcel of land within such parcel determined by the Board to be unsuited to agricultural use, and the Board may issue a permit for such removal; provided, however, that the Board shall, in making such decision, obtain the recommendations of the appropriate Soil District Supervisor and the County Extension Director or Agent, or their successors, and their recommendations shall be made a part of the records of the Board. In issuing a permit, the Board may impose reasonable conditions as to the reestablishment of ground levels and grades.
Notwithstanding the provisions of the above, the Board may issue a permit for the removal of soil or loam from any parcel of land in the Town where such removal is necessarily incidental to and in connection with the construction of a road or other facility involving a permanent change in the use of the land. The Board shall issue no such permit unless it is reasonably satisfied that the construction will be completed, and evidence thereof shall be made part of the records of the Board.
Soil, loam, sand or gravel may be removed from any parcel of land within such parcel lying within 300 feet of any street or way, provided that a permit therefor has been issued by the Board after satisfactory evidence that such removal will not be seriously detrimental or injurious to the neighborhood, provided further that the Board shall impose reasonable conditions as to the method of removal, the reestablishment of ground levels and grades and the planting of the area to suitable cover, as it may deem necessary. Removal of soil or loam under authority of this section shall be further subject to the provisions of §§ 147-7 and 147-8 of this chapter.