[HISTORY: Adopted by the Town Meeting of the Town of Whitman 6-2-2021 ATM by Art. 21, AG approved 9-24-2021, eff. 10-6-2021. Amendments noted where applicable.]
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
The removal of soil, loam, sand or gravel from any parcel of land not in public use in the Town, except as hereinafter provided, shall be allowed only after a written permit therefor is obtained from the Select Board after a public hearing of which due notice is given.
A. 
No permit shall be required for the continuous operation on any parcel of a sand or gravel pit in operation or loam now piled at the time this bylaw is adopted, provided such operation is not thereafter discontinued for more than one year; and no permit shall be required for the removal of soil, loam, sand or gravel from any parcel of land when incidental to and in connection with the construction of a building on the parcel.
B. 
This bylaw shall not apply to any soil, loam, sand or gravel which is the subject of a permit or license issued under the authority of the Town or by the appropriate licensing board of the Town or by the Board of Appeals, or which is to be removed in compliance with the requirements of a subdivision plan approved by the Town Planning Board.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
In issuing a permit under this bylaw, 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 public hearing, on proof of violation of any condition, revoke any permits so issued. No permits shall be issued under the provisions of this bylaw for a period of more than three years.
Sand and gravel may be removed from any parcel of land, except within 150 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 re-establishment of ground levels and grades.
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. In issuing a permit, the Board may impose reasonable conditions as to the re-establishment 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 a 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 150 feet of any street or way, provided 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 re-establishment of ground levels and grades and 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 §§ 135-5 and 135-6 above.
Any person violating the provisions of this bylaw shall be punished by a fine of $50 for the first offense, $100 for the second offense and $200 for each succeeding offense. Each day or portion thereof of continuing violation shall constitute a separate offense.