[HISTORY: Adopted by the Annual Town Meeting of the Town of Belchertown as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1985 by Art. 17 as Ch. III, Art. 7, Sec. 7-4-1 of the 1985 Compendium of Bylaws]
Any person excavating land within the Town of Belchertown or any owner of land which has been excavated shall be required to erect barriers or take other suitable measures within two days after such person has been notified, in writing, by the Select Board or the Building Inspector that in his or their opinion such excavation constitutes a hazard to public safety.
The penalty for violation of this article shall be in the amount of $200 per day for every day such person is in violation of such notice, commencing with the fourth day thereof. The Superior Court Department of the Trial Court, Hampshire Division, shall have jurisdiction in equity to compel compliance with this article.
[Adopted 5-11-2009 ATM by Art. 33]
Beginning March 1, 2009, all excavators must obtain a permit prior to the creation of a trench made for a construction-related purpose on public or private land or rights-of-way, in accordance with Chapter 82A of the Massachusetts General Laws and 520 CMR 14.00 et seq. Applications for trench permits shall be made to the Building Inspector, who is designated as the Town Permitting Authority, as provided in 520 CMR 14.03(2)(b).