[HISTORY: Adopted by the Town of Barre Planning
Board 12-19-2000. Amendments noted where applicable.]
A.
Earth removal special permits shall include the following
specific information and supporting documentation:
(1)
The location of the proposed excavation;
(2)
The name and address of the property owner/mortgagee;
(3)
The name and address of the applicant;
(4)
A site plan as prescribed below;
(5)
A filing fee in the amount established by the Planning
Board sufficient to cover the costs of advertisement, notification
to abutters and review expenses;
B.
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.
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;
B.
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;
C.
All adjacent roads, public or private, their elevations
and established grades;
E.
Existing and proposed contours at maximum ten-foot
intervals;
F.
The estimated quantity of materials to be removed
and topsoil to be stripped and replaced;
G.
Distance to all public water supply wells within 1/2
mile;
H.
Stock pile areas and locations for stumps and slash.
A.
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.
B.
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.
A.
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.
B.
Earth shall be removed to contours set forth in the
approved site plan.
C.
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.
D.
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.
E.
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.
F.
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).
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
The permit is nontransferable.
M.
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.
N.
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.
