[HISTORY: Adopted by the Town of Bolton 5-7-2012 ATM by Art. 10 (Section
1.10 of the Town Bylaws). Amendments noted where applicable.]
[Amended 5-3-2021 ATM by Art. 10]
The removal of soil, loam, sand or gravel from any parcel of
land not in public use in the Town of Bolton, except as hereinafter
provided, shall be allowed only after a written permit therefor is
obtained from the Select Board after a public hearing of which due
notice is given.
[Added 3-4-1974 ATM by Art. 25]
A.Â
The Select Board shall fix a reasonable time for the hearing for
a removal permit and shall cause the notice of the time and place
of such hearing thereof and of the subject matter, sufficient for
identification, to be published in a newspaper of general circulation
in the Town, such publication to be not less than seven days before
the day of the hearing, or by posting such notice in a conspicuous
place in the Town for a period of not less than seven days before
the day of such hearing, and also send notice by mail, postage prepaid,
to the petitioner and to the owners of all property deemed by the
Board to be affected thereby, including the abutters, notwithstanding
that the abutting land is located in another city or town, as they
appear on the most recent tax lists. The publication required by this
section shall contain the following printed in boldface type:
[Amended 5-3-2021 ATM by Art. 10]
B.Â
No permit shall be required for the removal of soil, loam, sand or
gravel from any parcel of land when incidental to and in connection
with the construction of a building on the parcel. No permit shall
be required by a homeowner or farmer for the transfer of loam, sand,
or gravel from one part of his own lot to another part thereof for
the improvement of his own lot, nor shall any permit be required for
removal of loam, sand or gravel in connection with the improvement
or construction of any road over a lot, provided such loam, sand or
gravel so removed is used on said lot to improve the same and is not
contrary to the regulations of this bylaw as adopted. No permit shall
be required by quarries operating at the time this bylaw is adopted
so long as the sale of soil, loam and gravel is not involved.
C.Â
A permit shall be issued without hearing by the Select Board for
the removal of sand or gravel from any lot within the Town wherein
the removal operation can be proven by the owner to said Board to
have been in continuous operation since October 10, 1956.
[Amended 5-3-2021 ATM by Art. 10]
D.Â
All permits in force as of the effective date of this bylaw are subject
to said bylaw and the holders thereof are required to submit applications
for permits in accordance with the terms of this bylaw for hearings
to be held at least one week prior to the anniversary date of the
presently issued permit. Permits will be granted as recited in this
bylaw for a period not to exceed three years and all procedures shall
be followed as set forth in this bylaw concerning hearings prior to
the issuance of permits.
[Amended 5-3-2021 ATM by Art. 10]
In issuing a permit under this bylaw, the Select Board may impose
such conditions not specifically provided therein as it may deem necessary
for the adequate protection of the neighborhood and the Town. Any
conditions imposed by the Board shall be attached to and made a part
of the permit. The Board may, in its discretion, require a bond, certified
check, or other security for compliance with such conditions or as
evidence of good faith as to the completion of any proposed construction.
The Board may, after a public hearing on proof of violation of any
condition, revoke any permits so issued. No permit shall be issued
under the provisions of this bylaw for a period of more than three
years.
A.Â
Sand and
gravel may be removed from any parcel of land except within 300 feet
of a street or way, and the Board shall issue a permit therefor; provided,
however, that the Board shall impose such reasonable conditions as
to the disposition of topsoil and the reestablishment of ground levels
and grades as it may deem necessary.
B.Â
Sand or
gravel may be removed from any parcel of land within such parcel lying
within 300 feet of any street or way, provided a permit therefor has
been issued by the Board after satisfactory evidence that such removal
will not be seriously detrimental or injurious to the neighborhood;
provided, further, that the Board shall impose reasonable conditions
as to the method of removal, the reestablishment of ground levels
and grades and the planting of the area to suitable cover, as it may
deem necessary.
A.Â
Soil or
loam may be removed and sold from any parcel of land within such parcel
determined by the Board to be unsuited to agricultural use, and the
Board may issue a permit for such removal; provided, however, that
the Board shall, in making such decision, obtain the recommendations
of the appropriate Soil District Supervisor and the County Extension
Director or Agent or their successors, and their recommendations shall
be made a part of the records of the Board. In issuing a permit, the
Board may impose reasonable conditions as to the reestablishment of
ground levels and grades.
B.Â
Notwithstanding
the provisions of the above, the Board may issue a permit for the
removal of soil or loam from any parcel of land in the Town where
such removal is necessarily 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 such 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.
