[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
[Adopted as Section 27 of Article VI of the 7-10-1964 Compilation of Bylaws]
No person, firm or corporation shall strip, sever, remove or convey away any soil, loam, sand or gravel from any land in the Town, not in public use, unless and until such stripping, severance, removal or conveyance away, is first authorized by a permit issued by the Selectmen of Deerfield, except in conjunction with construction of a building on the parcel, and except for the continued operation of an existing sand and gravel pit; no such permit shall be issued, unless and until an application therefor has been filed with the Board.
Said Board shall then hold a public hearing on the application, and notice of the filing of the application and the date and the time of the holding of the public hearing thereon, shall be advertised, forthwith, at the expense of the applicant, in a newspaper, published in the county, seven (7) days, at least, before the meeting.
The penalty for the violation of this article shall be as follows: for the first offense, not more than fifty dollars ($50.); for the second offense, not more than one hundred dollars ($100.); for the third offense, not more than two hundred dollars ($200.). Recourse may also be had by suit in Superior Court for injunctive and other equitable relief to compel compliance with this article.
[Adopted as Section 28 of Article VI of the 7-10-1964 Compilation of Bylaws]
It shall be the legal duty of every person, firm or corporation owning land in Deerfield, which has been excavated, to erect barriers around the same or take other suitable measures to protect and guard the public therefrom, within five (5) days after such owners have been notified in writing by the Selectmen of Deerfield that, in their opinion, such excavations constitute a hazard and menace to the public safety.
The penalty for the violation of this article shall be the imposition of a fine not to exceed the amount of two hundred dollars ($200.).