[HISTORY: Adopted by the Annual Town Meeting of the Town of Eastham
2-21-1955 by Art. 27. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
The removal of topsoil and loam from any parcel of land not in public
use in the Town of Eastham, except as hereinafter provided, shall be allowed
only after a written permit therefor is obtained from the Board of Selectmen
after a public hearing if deemed necessary of which due notice is given.
A.
Issuing a permit under this bylaw, the Board of Selectmen
may impose such conditions as it may deem necessary for the adequate protection
of the neighborhood and the Town. Any condition imposed by the Board shall
be attached to and made part of the permit. The Board may, in addition, require
a bond, certified check or other security for compliance with said conditions,
or as evidence of good faith to the completion of any proposed construction.
The Board may further impose reasonable conditions as to the method of removal,
the reestablishment of ground levels and grades, and the planting of the area
as to suitable cover.
B.
The Board may, after a public hearing on proof of violation
of any conditions revoke any permits so issued. No permit shall be issued
under the provisions of this bylaw for a period of more than three years.
Notwithstanding the provisions of the above, the Board shall issue a
permit for the removal of topsoil or loam from any parcel of land in the Town,
where such removal is necessary incidental to, and in connection with the
construction of a road or other facility involving a permanent change in the
use of the land. The Board shall issue no permit unless it is reasonably satisfied
that the construction will be completed and evidence thereof shall be made
part of the records of the Board.
Removal of topsoil or loam to the extent of five cubic yards in any
calendar year shall be exempt from this bylaw.
Whoever violates the provisions of any of these regulations shall be
subject to a fine of $50 for the first offense, $100 for the second offense
and $200 for each subsequent offense.
