[HISTORY: Adopted by the Town of Dennis 5-5-1980 Annual Town
Meeting, Art. 48. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 59.
A.
No topsoil, subsoil, gravel, sand or other earth shall
be excavated in the Town of Dennis without first having obtained a
permit from the Select Board.
[Amended 10-3-2020 STM by Art. 12]
B.
The Select Board Members may issue a permit for the
removal of topsoil, subsoil, gravel, sand or other earth to be valid
for a period of three (3) years and may impose conditions where necessary.
Such permit may be renewed on expiration. No such permit shall be
granted except upon written application and after a public hearing.
Notice of said hearing shall be given by publication of the time and
place thereof in a local newspaper not less than one (1) week before
said hearing, and the petitioner shall bear the expense of said publication.
The hearing shall be held no later than twenty-one (21) days after
application. Within fourteen (14) days after such hearing, the Select
Board Members shall render a written decision, stating fully the reasons
therefor, and said decision shall be filed with the Town Clerk, with
a copy to the applicant.
[Amended 10-3-2020 STM by Art. 12]
C.
This bylaw shall not apply to land in public use,
nor shall it apply to materials removed or excavated for the purpose
of improving, grading, landscaping or cultivating the ground nor for
construction of Town of Dennis approved structures and subdivisions.
Earth removal pits that are in operation on
May 6, 1980, shall not be regulated by this bylaw. An area that is
repeatedly used for earth removal for commercial purposes shall be
deemed an earth removal pit.
An earth removal pit may be opened and used for the purpose of conveying and storing soil, provided that it is located fifty (50) feet or more from a street side line and contains no more than one (1) entry and one (1) exit, subject to the obtaining of a permit as set forth in § 84-1 of this bylaw.
To protect neighboring properties, a fifteen-foot
undisturbed buffer zone shall be provided. All slopes around the pit
should be no greater than one to one (1:1) grade and vegetated to
prevent erosion.
Organic dump material, stumps, etc., placed
in the pit area shall be leveled or graded off in six (6) foot or
lesser layers so as to minimize fire hazard. All earth removal pits
must be reclaimed and covered to allow vegetation to grow within two
(2) years from the expiration of the permit or renewal thereof.
The drainage of an earth removal pit shall be
planned and known. Three-year permits may be issued and may be renewed,
provided that the drainage within the earth removal pit shall not
threaten surrounding property. The depth of any earth removal pit
shall be no less than five (5) feet above the water table. The height
of the water table shall be taken as the highest point of the water
table during the year.
A bond of one thousand dollars ($1,000.) per
acre shall be posted so as to assure reclamation of an earth removal
pit. Such bond may be applied by the town to reclaim an earth removal
pit if it has not been reclaimed after two (2) years of inactivity.
Any person violating the provisions of this
bylaw shall be punished by a fine of fifty dollars ($50.) for the
first offense, one hundred dollars ($100.) for the second offense
and two hundred dollars ($200.) for each succeeding offense. Each
day or portion thereof of continuing violation shall constitute a
separate offense.
