As used in this chapter, the terms below shall have the following
definitions:
APPLICANT
Shall mean the person, corporation or other legal entity,
including any agent of the same, that files an initial application
or renewal application with the Board for a permit or determination
of exemption pursuant to this chapter.
BOARD
Shall mean the Soil Conservation Board of the Town, as provided in Chapter
7, Article
VIII, §
7-27, of these General Bylaws.
DETERMINATION OF EXEMPTION
Shall mean the written authorization of the Board to remove
disturbed earth minerals or soils without the requirement of a permit.
DISTURBED EARTH MINERALS OR SOILS
Shall mean earth minerals or soils that have been removed
from one location and are thereafter mechanically or artificially
deposited in non-natural piles at another location, regardless of
whether those different locations exist on the same parcel of land,
and regardless of whether the earth minerals or soils have been manufactured
or processed into other earth minerals, soils or soil aggregate product.
EARTH MINERALS OR SOILS
Shall mean includes soil, loam, sand, gravel, clay, silt,
stone, stonewalls, rocks, boulders, bedrock, and any other minerals
or soils that are normally found in or on the surface of the earth.
This definition shall exclude composted yard waste, stumps, brush
and other organic by-products or products, including the stockpiling
of the same, as well as asphalt, brick, concrete and other non-natural
by-products or products.
IMPROPERLY DISTURBED EARTH MINERALS OR SOILS
Shall mean disturbed earth minerals or soils that were originally
removed from land within the Town in violation of: 1) this chapter,
or any prior iteration of the same, however codified; 2) any provision
of the Zoning Bylaw of the Town; 3) any other statute, bylaw, rule
or regulation governing such removal; or 4) the terms of any permit
or other written allowance that was issued by the Town, including
by the Board, for said removal.
INSPECTOR
Shall mean the individual or individuals who are appointed by that Board pursuant to §
7-27D of these General Bylaws.
NATIVE EARTH MINERALS OR SOILS
Shall mean earth minerals or soils that: 1) are naturally occurring; 2) have been intentionally reintegrated into the native geologic landscape; or 3) have otherwise been reintegrated into the native geologic landscape as determined by §
150-5D(1).
OPERATOR
Shall mean an applicant that has been granted a permit or
determination of exemption by the Board pursuant to this chapter.
PERMIT
Shall mean the written authorization of the Board to remove
either native earth minerals or soils, or improperly disturbed earth
minerals or soils.
PROJECT PARCEL
Shall mean the parcel at which removal occurs, whether or
not in accordance with the provisions of this chapter or the terms
or conditions of a permit or determination of exemption that is issued
pursuant to the same.
REMOVAL AREA
Shall mean the specific portion of a project parcel at which
removal occurs, whether or not in accordance with the provisions of
this chapter or the terms or conditions of a permit or determination
of exemption that is issued pursuant to the same.
REMOVE(D) AND/OR REMOVAL
Shall mean the activity of excavating, moving, blasting,
stripping or digging earth minerals or soils on a property.
TOWN
The Town of Swansea, Massachusetts.