This bylaw is intended to provide regulation
for the filling of land and the removal of our valuable natural resources,
including sand, gravel, stone, soil, loam, sod, clay and mineral products
to protect land, water, scenic and historic resources.
As used in this chapter, the following terms
shall have the meanings indicated:
EARTH REMOVAL
The removal of earth materials from a lot or parcel, including,
but not limited to, sand, gravel, stone, soil, loam, sod, clay and
mineral products.
[Amended 11-1-2021 STM
by Art. 2]
The filling or removal of materials consisting
of more than 400 cubic yards or stockpiling of materials consisting
of more than 100 cubic yards of sand, gravel, stone, soil, loam, sod,
fill and mineral products to or from a lot or parcel not in public
use shall require an earth removal permit granted by the Select Board
unless such removal is:
A. At the site of, incidental to, and in connection with,
the necessary excavation, grading and construction of a building,
structure, parking areas and appurtenant driveways pursuant to an
approved subdivision, special permit or site plan decision by the
Planning Board; or
B. Pursuant to a building permit issued by the Building
Inspector on a site on which the earth removal work is occurring on
an existing or proposed slope of 15% or less; or
C. For the purpose of gardening, landscaping, construction
of walkways, patios, driveways or similar purposes, swimming pools,
installation, repair or replacement of septic systems and wells when
approved by the Board of Health, providing the earth removal work
is on an existing or proposed slope of 15% or less; or
D. For the purpose of the construction and associated
grading of a street that has been approved by the Planning Board;
or
E. For the purpose of public works activities related
to the maintenance or improvement of public land or buildings, the
maintenance, reconstruction or resurfacing of any public way; or the
installation of drainage structures or utilities that have been approved
by the appropriate authorities; or
F. For the removal of earth materials undertaken in connection
with a sand and gravel operation or similar enterprise where such
activity is allowed by zoning; or
G. For the removal of earth materials undertaken in connection
with an agricultural use if the removal is necessary for or directly
related to planting, cultivating or harvesting or the raising or care
of animals; or
H. In accordance with the terms of an order of conditions or determination of applicability issued by the Conservation Commission pursuant to MGL c. 131, § 40, or the Southborough Wetlands Protection Bylaw, Chapter
170 of the Code of the Town of Southborough.
The Board or its authorized agent and the Town
of Southborough shall have the power and duty to enforce this bylaw,
its regulations, decisions, orders, violation notices, and enforcement
orders issued pursuant to this bylaw, and may pursue all civil and
criminal remedies for such violations.
Any determination that a particular provision
or set of provisions in this bylaw are invalid or unenforceable shall
not render ineffective, unenforceable, or inapplicable the remainder
of this bylaw.