The following terms are defined as they are used in the Earth Removal Bylaw and in these regulations:
EARTH MATERIAL REMOVAL ACTIVITYThe process by which earth materials are removed from their natural location, stored or stockpiled, loaded upon means of transportation and conveyed from the earth materials site, including, without limitation, any one or more of the following: stripping, digging, excavating, washing, stockpiling, loading or unloading.
EARTH MATERIALS SITEThe location which is described in an earth removal permit or earth removal permit application at which earth materials occur in their natural state.
EARTH REMOVAL PERMITAny permit issued under the Earth Removal Bylaw by the Select Board at any time before or after the adoption of these regulations.
[Amended 10-1-2018 ATM by Art. 14]
EARTH REMOVAL PERMIT APPLICATIONThe information required of or submitted by any person seeking an earth removal permit. An application under the bylaws submitted after the adoption of these regulations shall not be considered to be an application or as having been filed unless it is submitted on the form specified in §
239-5 of these regulations and is accompanied by all of the supplementary data and documents required by these regulations and by the form of application.
LOTAny parcel of land referred to on the most recent tax list of the Town prior to the filing of the earth removal application shall be deemed to be a "lot" as that term is used with reference to such application. The bounds of such "lot" shall be as shown on the Assessors' plans upon which such tax list is based.
LOTS ABUTTINGIncludes:
A. In the case of a lot having frontage on a public or private way, the lot or lots directly opposite on any such public or private way and those lots abutting said lot or lots within 300 feet of the property line of the site shown on the application as they appear on the most recent applicable tax list, notwithstanding that said lot or lots are located in another city or town.
B. In the case of a lot having frontage on a body of water such as a lake or pond, any other lot or lots having frontage on said body of water which are not owned directly or indirectly by the applicant and which are within, 2,000 feet of said lot.
C. In the case of a lot having frontage on a watercourse such as a stream or river, the lot or lots directly opposite on any such stream or river and those lots abutting said lot or lots within 300 feet of the property line of the site shown on the application as they appear on the most recent applicable tax list, notwithstanding that said lot or lots are located in another city or town.
STREET LINEThe limits of any public way as shown on the layout thereof as adopted by the Select Board, by the County Commissioners or other public agency responsible for determining the location of such way or, in the case of a way shown on a subdivision plan approved under the Subdivision Control Law, the limits of such way as shown on said plan.
[Amended 10-1-2018 ATM by Art. 14]