[HISTORY: Adopted by the Town Council of the Town of West
Springfield as Ch. 10, § 10-201, of the Codified Ordinances.
Amendments noted where applicable.]
No person shall remove soil, loam, sand or gravel from any land
in the Town not in public use, and no person shall deposit on any
land in the Town not in public use soil, loam, sand or gravel, except
as provided herein.
The License Commission may grant a permit for the removal or
deposit of soil, loam, sand or gravel, whether for a commercial purpose
or otherwise, from or on any land in the Town not in public use, in
the following manner:
A.
Application.
(1)
Each petitioner shall file with the License Commission a written
application setting forth a description of the land for which such
a permit is sought.
(2)
Said application shall be accompanied by the original Mylar tracing
of a map or plan drawn by a professional engineer or land surveyor,
which shall show the existing elevations of the land, the proposed
elevations thereof when the removal operations are completed and such
other relevant information as may be required by the regulations of
the License Commission.
B.
Hearing.
(1)
No such permit shall be granted until after the License Commission
has held a public hearing thereon.
(2)
The License Commission shall cause notice of such hearing to be published
at least 14 days prior thereto in a newspaper of general circulation
in the Town.
(3)
The License Commission shall also cause notice of such hearing to
be sent by mail, postage prepaid, at least 14 days prior thereto to
the petitioners and to the owners of all property abutting said land
and deemed by the License Commission to be affected thereby, as they
appear on the most recent tax list.
C.
Permit conditions.
(1)
Each permit shall be granted subject to the condition that no such
removal shall be authorized below the proposed elevations shown on
said map or plan or below any higher elevations shown on any amendment
thereof, and one copy of said map or plan or any amendment thereof
shall be made a part of said permit. A tolerance of six inches shall
be allowed in all cases.
(2)
The License Commission may grant such a permit subject to any appropriate
conditions, which shall be made a part of said permit.
(3)
No such permit shall be granted to authorize any such removal which
would result in the lowering of the elevation of any land below the
elevation of any street or way within a radius of 300 feet thereof.
(4)
Each permit shall be granted for a definite period of time to be
fixed by the License Commission, but no such permit shall be granted
for a period of more than three years from the date thereof.
The License Commission may, after a public hearing, notice of
which shall be given in the manner provided herein for the granting
of permits, revoke any such permit upon proof of a violation of any
of the conditions thereof.
The License Commission may grant during any calendar year one
permit for the removal or deposit of not more than 50 cubic yards
of soil, loam, sand or gravel from or on any land in the Town not
in public use without the plan, notice and hearing herein provided
and subject to any appropriate conditions, and may revoke any such
permit upon proof of a violation of any of the conditions thereof.
This chapter shall not be construed to apply to any such deposit
or removal incidental to the construction or alteration of any structure
or way concerning which a building permit has been issued and while
said permit is in effect, nor to any such deposit in or around any
occupied dwelling.
This chapter is adopted pursuant to the provisions of MGL c.
40, § 21(17).
