The removal of sand, gravel, subsoil, topsoil or earth and the processing and treating of said materials shall be conducted only by special permit issued by the Board of Selectmen.
This article shall not apply to the following:
A. 
The excavation of a foundation for a new structure for which a valid building permit is in force, provided the amount of material to be removed will not exceed 5,000 cubic yards.
B. 
The grading and/or landscaping in connection with the construction of a new structure as approved by the Planning Board.
C. 
The construction or reconstruction of a residential driveway if otherwise permitted.
D. 
The excavation and grading in connection with construction of a subdivision as approved by the Planning Board.
E. 
The removal of less than 50 cubic yards in a twelve-month period.
F. 
The grading in connection with a bona fide agriculture operation.
G. 
Building construction. Removal of sand, earth or gravel and the processing and treating of said materials shall be conducted only by special permit of the Board of Selectmen. This article shall not apply to such operation which are incidental to and in connection with the construction of a building on a lot.
The Board of Selectmen may approve the removal of sand, gravel or earth in excess of 50 cubic yards but not to exceed 2,000 cubic yards on a one-time basis under the following conditions:
A. 
The application be accompanied by a plan or plans showing:
(1) 
The property lines.
(2) 
The area to be excavated.
(3) 
The distance from the property lines to the area to be excavated.
(4) 
The approximate contours before and after excavating.
B. 
The excavation shall be at least 20 feet from the lot lines unless the Board of Selectmen deem otherwise.
The Board of Selectmen may, after public hearing for which notice has been given by publication and posting as provided in MGL c. 40A, grant a special permit for the removal of more than 50 cubic yards in a twelve-month period.
Any application for a special permit for the removal of sand, earth or gravel or for the processing and treating of said materials shall be accompanied by a site plan depicting the land to be affected by such operation. In addition to complying with the minimum site plan requirements of § 300-12.3, the site plan shall indicate the following:
A. 
Contours at intervals of not more than 10 feet;
B. 
A placement of at least four inches of compacted topsoil over all excavated, filled or otherwise disturbed surfaces and seeding with a perennial cover crop, re-seeded as necessary to ensure uniform growth and soil surface stabilization;
C. 
Finished grades not to exceed a slope of one foot vertical to two feet horizontal; and
D. 
Existing removal area(s) and the proposed area(s) for removal in the immediate future.
Any special permit granted for the removal of sand, earth or gravel or for the processing and treating of said materials shall contain the following mandatory conditions:
A. 
All equipment, except mobile equipment, for sorting, washing, crushing, grading, drying, processing and treating, or other operation machinery, shall not be used closer than 100 feet to any public street or to any adjoining property lines.
B. 
Any access to excavated areas or areas in the process of excavation shall be adequately posted with KEEP OUT - DANGER signs.
C. 
Any work or bank that slopes more than 30° downward adjacent to a public street shall be adequately fenced at the top.
D. 
Fencing. A substantial fence shall be provided enclosing the excavation or quarry where any excavation or quarry will extend under original ground level or will have a depth of 10 feet or more and create a slope of more than one foot vertical to two feet horizontal. Such fence shall be located 10 feet or more from the edge of the excavation or quarry, and shall be at least six feet in height.
E. 
Adequate provision is to be made for drainage during and after the completion of operations.
F. 
Adequate lateral support shall be maintained for all adjacent properties.
G. 
The use of explosives shall be done in accordance with the regulations for storage and handling of explosives as published by the Massachusetts Department of Fire Services and the Sturbridge Fire Department.
H. 
Provision shall be made for the adequate control of dust during operation.
I. 
There shall be replacement of at least four inches of compacted topsoil over all excavated, filled or otherwise disturbed surfaces. There shall also be seeding with a perennial crop, re-seeded as necessary to ensure uniform growth and soil surface stabilization.
J. 
Finished grades shall not exceed a slope of one foot vertical to two feet horizontal.
K. 
It is recognized that the land reuse of a removal site is in the public interest. Therefore, land reuse plan(s) must be submitted to the Board of Selectmen for approval subject to the regulations set forth in the following paragraphs:
(1) 
The Board of Selectmen may require that up to three approved alternative future land reuse plans be submitted for such land as is used for the extraction of earth, sand, gravel and/or rock;
(2) 
Said land reuse plan and its implementation applies to the conversion of the abandoned site and its planned reuse, including landscaping and erosion control. It is, therefore, required that any land reuse plan correspond to a situation which could reasonable occur in the immediate future, zero to five years, and be revised as necessary as to the existing physical character of the removal area changes;
(3) 
The land reuse plan or any part thereof which reasonably applies to an area which has been abandoned from removal use shall be put into effect within one year of the abandonment of said operation. Abandonment for the purpose of this subsection shall be defined as the visible or otherwise apparent intention of the owner or user of the land to abandon the use of the land; and
(4) 
A bond in an amount stated by the Board of Selectmen shall be posted to ensure the satisfactory implementation of the reuse plan.
A. 
Excavation and grading shall be executed in such manner as not to result in holes, depressions, stagnant water, soil erosion, drainage or sewerage problems or other conditions which would depress the land values or impair the property for use for which it has been zoned.
B. 
Except in the case of dams, swimming pools, or where retaining walls are to be constructed, no removal, excavation or processing shall be conducted within 50 feet of any street or property line.
C. 
Unless the property to be graded is located in an Industrial District, no earth excavating machinery or trucks shall be stored within 300 feet of any property line or street line, and no machinery for sorting, grading, crushing or for other processing of the excavated material shall be erected except a temporary shelter for machinery or office.
D. 
After excavation or removal, the premises shall be cleared of debris, a top layer of topsoil of at least four inches in depth shall be spread over the finished subgrade, and the final surface shall conform to the proposed finished contours and grades. No areas shall be excavated in such a manner that the finished grade is below the water table.
A performance bond, in form and amount specified by the Board of Selectmen, shall be filed with the Treasurer of the Town of Sturbridge; said bond shall specify the time within which the work under the permit is to be completed and shall guarantee satisfactory performance of the work.
A. 
Expiration. Any permit issued by the Board of Selectmen as herein described shall expire within two years of the date of the permit, but may be renewed by the Board of Selectmen for an additional period of time if the Board deems such action satisfactory.
B. 
Revocation. The Board of Selectmen may revoke the permit and may take other action as shall be necessary either against the permittee or surety in the bond, to cause completion of the work forthwith in accordance with the terms of the application and permit, if the work or excavating, removal, grading or regrading is not being performed in accordance with said permit.