[HISTORY: Adopted May 1997 ATM by Art. 11
as Ch. 23, § 23005 of the 1997 Bylaws. Amendments noted
where applicable.]
A.
No topsoil, subsoil, gravel, sand, or other earth
may be removed from the Town unless a permit is first obtained from
the Select Board, or building permit from the Building Commissioner.
[Amended 6-12-2021 ATM by Art. 55]
B.
Such a permit, with conditions imposed where necessary,
may be issued for the removal of topsoil, subsoil, gravel, sand, and
other earth if the Select Board shall so order, provided that no such
permit shall be issued except upon written application and after a
public hearing of parties interested and consideration of their evidence
by the Select Board.
[Amended 6-12-2021 ATM by Art. 55]
C.
Notice of such public hearing shall be given by publication
of the time and place in a local newspaper not less than two weeks
before said hearing, the expense of publication to be borne by the
petitioner.
D.
After such a hearing the Select Board shall render
a decision in writing stating the decision and the reasons therefor
and shall file the decision with the Town Clerk and send a copy to
the applicant.
[Amended 6-12-2021 ATM by Art. 55]
E.
Such permit may be renewed.
No topsoil or subsoil shall be removed from
place to place within the Town from an area of ground consisting of
more than 5,000 square feet unless the person removing such topsoil
or subsoil shall replant annually the entire area of such removal
with rye, vetch, wheat, legumes or other soil-improving plants, or
plant with a permanent cover crop or reforest the area.
A.
Unless a permit is first obtained from the Select
Board, no sand or gravel shall be moved from place to place within
the Town and no sand or gravel pit may be opened and used for such
purpose if it is located 100 feet or less from a street line.
[Amended 6-12-2021 ATM by Art. 55]
B.
If such sand and gravel pit is opened and used:
(1)
No more than one entrance and one exit can be used.
(2)
The owner shall legally dispose of all dead trees
and stumps when any area amounting to more than 5,000 square feet
becomes unsuited for further use.
(3)
In such latter case the area shall be replanted with
trees or shrubs to prevent soil erosion.
C.
A permit, with conditions imposed where necessary,
may be issued for the moving of sand and gravel or for a sand and
gravel pit if the Select Board shall so order, provided that no such
permit shall be issued except upon written application and after a
public hearing of parties interested and consideration of their evidence
by the Select Board. Notice of such public hearing shall be given
by publication of the time and place in a local newspaper not less
than two weeks before said hearing, the expense of the publication
to be borne by the petitioner.
[Amended 6-12-2021 ATM by Art. 55]
D.
After such a hearing, the Select Board shall render
a decision in writing stating the decision and the reasons and shall
file the decision with the Town Clerk and send a copy to the applicant.
Such permit may be renewed.
[Amended 6-12-2021 ATM by Art. 55]
A.
All residents of the Town engaged prior to February
16, 1953, in the moving of loam, sand or gravel within the Town and
all sand and gravel pits in existence and use prior to February 16,
1953, are exempt from the provisions of this chapter.
B.
Other provisions herein above set forth in this chapter
notwithstanding, a permit shall not be required by any person:
(1)
Who removes soil, loam, sand or gravel in compliance
with a subdivision plan approved by the Planning Board.
(2)
Who is regularly engaged in the business of landscaping
or florist in the Town when moving loam, sand or gravel outside the
Town, provided said loam, sand or gravel is used in the planting of
trees, shrubs or flowers in the regular course of business engaged
in by such person.
