As used in this chapter, the following terms shall have the meanings indicated:
A. 
board – Means the earth removal board, consisting of one member of the board of selectmen, one member of the planning board, one member of the conservation commission, one member of the board of health and the director of public works. The members of the earth removal board who are drawn from multiple-member bodies shall be designated annually by the body they represent.
B. 
earth – Means soil, loam, sand, gravel, stone, rock and other, similar natural materials.
No earth shall be removed from any parcel of land in the town without a written permit from the board, except as hereinafter provided.
The removal of earth for sale, gift or delivery beyond the town limits shall be allowed only under special permission of the board and under such conditions as the board shall impose in the permit.
Any person wishing to remove earth from property in the town shall file a written application with the board, a complete copy of which shall be submitted to the Northbridge Conservation Commission for their review and comment. The application shall include the following specific information and supporting documentation:
A. 
The location of the proposed excavation.
B. 
The legal name and address of the owner or owners of the property involved.
C. 
The legal name and address of the petitioner.
D. 
Names and addresses of all abutting property owners, including those across any abutting streets, as appearing on the records of the Northbridge assessors.
E. 
A plan of the land showing the topography of the proposed excavation site extending 100 feet beyond the proposed excavation or to the property line. The plan shall
(1) 
include the number of trees with a diameter of four inches or greater measured four feet above the ground which will be removed by the excavation;
(2) 
include the number of new trees to be planted on the site after the excavation is complete, which shall be equal to or greater than the number of trees removed;
(3) 
include a listing of trees by species; and
(4) 
delineate any wetland areas, resource areas, and endangered species habitat within 200 feet of any area to be disturbed.
F. 
A plan of the land showing the contours the site will have when the proposed excavation project is complete.
G. 
The proposed form of bond to be used.
A. 
A record must be submitted annually to the board as to
(1) 
the number of cubic yards removed that year and
(2) 
whom the material was sold or delivered to.
B. 
Records must be available at all times so that they can be provided if requested.
No permit for the removal of earth shall be issued by the board until
A. 
the board has held a public hearing, notice of which shall have been given at least 10 days in advance in a local newspaper and by the mailing of copies of that notice to the abutters and
B. 
a favorable finding has been rendered by the board.
Any permit issued hereunder shall automatically expire upon the completion of the earth removal project for which it was issued or at such other time as may be specified in said permit, but in no case for a period of more than one year.
Approval of the renewal of a permit for a period not in excess of one year may be made by the board without hearing if the board finds that all conditions have been complied with and that the work has been carried on continuously and in good faith.
No permit shall be required for the moving of earth on an individual parcel under the following circumstances:
A. 
Where necessary in the construction of a building being built in accordance with a permit issued by the proper town authority
B. 
Where necessary as part of the construction of a road within the town, whether public or private
C. 
Where necessary as part of a landfill dump, a farm, a garden, or landscaping activities or in the operation of a cemetery
No permit for the removal of earth shall be approved by the board except upon condition that a cover of topsoil of not less than four inches in depth shall be replaced or allowed to remain, except where, due to construction of roads, buildings or other permanent physical features, such provision is impractical.
No permit shall be issued for the removal of earth in any location if such removal
A. 
will endanger the public health or safety or constitute a nuisance;
B. 
will produce noise, dust or other effects observable at the lot lines in amounts detrimental to the reasonable and normal use of adjacent property or otherwise offensive to the owner thereof;
C. 
will result in the transportation of materials in such a manner as to cause traffic congestion or hazards, particularly on residential streets;
D. 
will result in the transportation of earth over ways which will be unduly injured thereby; or
E. 
will result in a change in topography and cover which will be disadvantageous to the most appropriate use of the land.
No permit for the removal of earth shall be approved by the board if the work extends to within 300 feet of a way open to public use, whether public or private, or within 250 feet of a building or structure unless the Board is satisfied that such removal will not undermine the way or structure.
In approving the issuance of a permit, the board shall impose reasonable conditions, which shall accompany and shall constitute part of the permit, including but not limited to
A. 
the finished leveling and grading. Leveling and grading must be done annually;
B. 
the placing of topsoil and planting necessary to restore the area to usable condition, including the planting of trees and the annual sowing of grass seed no later than September 15 of the operating year;
C. 
the duration of the removal operation;
D. 
the construction of necessary fencing and other protections against nuisances;
E. 
method of removal;
F. 
temporary structures;
G. 
days and hours of operation;
H. 
routes of transportation of material;
I. 
control of temporary and permanent drainage, which must ensure that all existing brooks, ponds and waterways will remain free and clear of pollution and obstructions; and
J. 
disposition of boulders, tree stumps and felled trees.
Earth may be removed from any portion of a 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 part of the records of the board. In issuing a permit, the board shall impose reasonable conditions as to the reestablishment of ground levels and grades.
The board or duly authorized persons may enter upon the premises involved from time to time to inspect and ensure conduct of the work.
The board may order the revocation or suspension of a permit if the conditions established hereunder are not complied with, but the holder in such situation shall not be relieved of their obligations thereunder.
The board, if it concludes that there has been a violation of this chapter, shall so notify the alleged offender at the address stated on the initial application and, if applicable, shall include a notice ordering cessation of the improper activities. If the alleged offender holds a permit issued under this chapter, such permit may be revoked.