[HISTORY: Adopted by the Town of Barre Planning Board 12-19-2000. Amendments noted where applicable.]
Earth removal special permits shall include the following specific information and supporting documentation:
The location of the proposed excavation;
The name and address of the property owner/mortgagee;
The name and address of the applicant;
A site plan as prescribed below;
A filing fee in the amount established by the Planning Board sufficient to cover the costs of advertisement, notification to abutters and review expenses;
Renewal of the special permit shall require a fee established by the Planning Board.
Any person who desires to remove and/or process earth products shall submit a written application for a special permit to the Planning Board. Each application shall be accompanied by plans and specifications prepared by a registered professional engineer or registered professional land surveyor as follows:
A plan of the area from which removal is proposed and a strip at least 150 feet wide surrounding said area, showing all man-made features, lot lines, names of abutters, zoning boundaries, vegetation cover, soil characteristics and existing topography;
A plan of the area showing the finished grade and treatment of the site after the proposed completion of the excavation hereinafter called the restoration plan;
All adjacent roads, public or private, their elevations and established grades;
Existing and proposed contours at maximum ten-foot intervals;
The estimated quantity of materials to be removed and topsoil to be stripped and replaced;
Distance to all public water supply wells within 1/2 mile;
Stock pile areas and locations for stumps and slash.
Before approval of any plan, the Planning Board requires of the applicant a surety bond or a deposit of money (which may take the form of an assignment of a savings account assented to by the depository bank) of $1,000 per acre or as calculated by using Richardson Engineering Services Estimating Standards (latest edition) or R. S. Means (latest edition) in order to ensure the fulfillment of the requirements of this special permit and of the particular conditions. Said bond or other security shall not be released until the applicant has filed a written certificate stamped by the applicant's professional engineer or professional land surveyor, which certifies that site restoration has been completed in compliance with the special permit and filed plan, and the Board has voted to accept.
Supervisory expenses and any additional expenses incurred by the Town of Barre as a result of any violation of this special permit by an applicant and deemed necessary by the Planning Board to monitor the applicant's performance shall be paid by the applicant.
All trees shall be cut not bulldozed. Stumps and slash shall be removed to specific locations within the excavation area as shown on the plans, but not within 100 feet of any property line or public way. All trees, brush and stumps shall be disposed of in accordance with state laws and regulations and the Board of Health.
Earth shall be removed to contours set forth in the approved site plan.
The active excavation area shall not exceed a total six acres at one time. One hundred feet of natural vegetation shall be left and maintained on undisturbed land for screening and noise reduction purposes. Where no trees or natural vegetation are present, a berm or fencing may be required for screening and noise reduction purposes.
Restoration shall be carried on simultaneously with the excavation so that no more than a maximum of six acres shall be excavated (unrestored) at any time. Final restoration in accordance with the restoration plan is required to be completed within the special permit time frame or within 60 days of cessation of operation whichever occurs first.
All topsoil and subsoil stripped from operation areas shall be stockpiled (not to be removed from the site) and used in restoring the area. Topsoil and subsoil shall be spread over all disturbed areas to a minimum depth of four inches and successfully seeded with a high quality perennial grass seed. Areas where permanent erosion-controlling vegetation fails to become established shall be required to be reseeded.
The finished leveling and grading shall be indicated on the plans submitted to the Planning Board for approval. If grading occurs below the grade of any abutting and established way open to public or private use, a minimum of a twenty-foot horizontal shelf must be left from the edge of said way or from the property line of said way whichever is greater before beginning sloping at a maximum of 3:1 (three-foot horizontal to one-foot vertical).
No area shall be excavated so as to cause accumulation of freestanding water. Permanent drainage shall be provided in accordance with United States Conservation Service Guidelines.
No working slope shall be steeper than 2:1 (two-foot horizontal to one-foot vertical); no finished slope shall be steeper than 3:1; 4:1 is preferred for property at the original natural drainage points; and so that the total discharge at peak flow and the area of drainage to any one point is not increased.
All access roads leading to public ways shall be treated with suitable material (bituminous concrete pavement or crushed stone) for a minimum distance of 100 feet so as to avoid tracking dust and mud onto public ways. The operator shall be responsible for cleaning up any spillage on public ways as it occurs.
The Planning Board, Zoning Enforcement Officer or their agents reserve the right to make visits (reasonable efforts should be made to notify the owner) to the permit area for the purpose of inspection and/or for conformance with the requirements and conditions of the permit.
The permit may be issued for an initial period of up to five years and may be extended up to five years, provided that the applicant has conformed to the requirements and conditions of the permit. The Board may revoke or suspend any permit which it has issued for good cause following a hearing.
The permit is nontransferable.
Hours of operation shall not extend beyond the hours of 7:00 a.m. to 5:00 p.m. Monday through Saturday. No Sunday or holiday hours are permitted. There shall be no exceptions beyond these hours. However, the Planning Board may further limit hours of operation if, after weighing factors, including impact on traffic flow, safety, or that such hours would be detrimental or offensive to the neighborhood, it determines the public good will be served. Trucks may enter and leave the premises only within said hours.
A gate must be installed at the entrance and be kept locked except during hours of operation. Fencing may be required where slopes are steeper than 2:1 (two-foot horizontal to one-foot vertical) for public safety.
A limited earth removal special permit may be granted for a period of up to one year with reduced requirements. The amount of earth removal is not to exceed 500 cubic yards and the area of land disturbed cannot exceed 1/2 acre. The requirement for bonding may be waived or reduced though the applicant still is required to restore the area.
Adoption of these regulations by the Planning Board shall not diminish any of the authority given to said Board by state statute, or by the bylaws or Zoning Bylaws of the Town of Barre.
The Board reserves the right to modify any and all of the above regulations.