Town of Barnstable, MA
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2023-07-20
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The Code
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Part I: General Ordinances
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Chapter 198 Soil, Sand and Gravel Pits
- The Charter
- Ch C Charter
- The Code
- Part I: General Ordinances
- Ch 1 General Provisions
- Ch 9 Affordable Housing
- Ch 13 Airport
- Ch 17 Alarm Systems
- Ch 20 Alcoholic Beverages
- Ch 24 Animals
- Ch 32 Beaches and Waterways
- Ch 37 Boards, Committees and Commissions
- Ch 40 Boats
- Ch 43 Body-Piercing Businesses
- Ch 47 Building Construction
- Ch 51 Buildings, Numbering of
- Ch 54 Building and Premises Maintenance
- Ch 57 Cigarette Vending Machines
- Ch 59 Comprehensive Occupancy
- Ch 68 Electrical Standards
- Ch 76 Fees
- Ch 78 Fertilizer Nitrogen and Phosphorous Control
- Ch 80 Fire Lanes
- Ch 86 Funds
- Ch 89 Gambling
- Ch 93 Garage and Barn Sales
- Ch 96 Gas Piping and Appliances
- Ch 100 Handbills
- Ch 104 Handicapped Parking
- Ch 108 Hazardous Materials
- Ch 112 Historic Properties
- Ch 115 Hours of Operation of Businesses
- Ch 121 Licensing
- Ch 125 Loitering
- Ch 128 Motorized Conveyances
- Ch 130 Newsracks
- Ch 133 Noise
- Ch 138 Officers and Employees
- Ch 141 Outdoor Businesses
- Ch 147 Peace and Good Order
- Ch 150 Peddling and Hawking
- Ch 160 Problem Properties, Chronic
- Ch 162 Public Hearings
- Ch 166 Raffles and Bazaars
- Ch 168 Regulatory Agreements
- Ch 170 Rental Properties
- Ch 173 Roller-Skating and Skateboarding
- Ch 177 Sandy Neck
- Ch 180 Scenic Roads
- Ch 183 Senior Citizen Property Tax Work-Off Abatement Program
- Ch 184 Sewers and Water
- Ch 188 Shellfisheries
- Ch 192 Signs
- Ch 195 Single-Use Plastic Carry-Out Bags
- Ch 198 Soil, Sand and Gravel Pits
- § 198-1 Permit required for removal of topsoil, subsoil, gravel or sand.
- § 198-2 Replanting or reforestation required.
- § 198-3 Permit required for sand and gravel pits.
- § 198-4 Nonapplicability.
- § 198-5 Violations and penalties.
- Ch 202 Solid Waste
- Ch 206 Streets and Sidewalks
- Ch 208 Substance Controls
- Ch 210 Swimming Pools
- Ch 217 Tourist Camps
- Ch 220 Town Council
- Ch 221 Trees
- Ch 224 Vacant and Foreclosing Properties
- Ch 228 Vehicles and Boats, Storage of
- Ch 232 Wastewater Discharge
- Ch 237 Wetlands Protection
- Ch 240 Zoning
- Part II: Appendix to the General Ordinances
- Ch 241 Administrative Code
- Ch 242 Personnel
- Part III: Board of Health Regulations
- Ch 307 Body Art Establishments
- Ch 318 Fee Schedule
- Ch 322 Food Establishments
- Ch 326 Fuel and Chemical Storage Tanks
- Ch 332 Herbicides
- Ch 335 Housing
- Ch 346 Massage Establishments
- Ch 353 Nuisances
- Ch 360 On-Site Sewage Disposal Systems
- Ch 365 Sale of Tobacco Products, Restricting the
- Ch 371 Smoking
- Ch 373 Solid Waste
- Ch 376 Stables
- Ch 378 Swimming Pools
- Ch 381 Toxic and Hazardous Materials
- Ch 385 Variance Requests
- Ch 392 Waterfowl
- Ch 397 Wells
- Part IV: Town Manager Regulations
- Ch 401 Administrative Procedures
- Ch 401A Bathing Beaches
- Ch 402 Cemeteries
- Ch 403 Dog Control
- Ch 404 Excavations
- Ch 404A Fees
- Ch 405 Marinas
- Ch 406 Mooring
- Ch 406A Open Air Private Parking Lots
- Ch 406B Pedicabs and Pedicab Operators
- Ch 407 Shellfish
- Ch 408 Roller Skates and Skateboards
- Ch 430 Vessels on Town Property
- Part V: Licensing Authority Rules and Regulations
- Ch 501 General Rules for All Licensed Businesses
- Ch 502 Alcoholic Beverages
- Ch 503 Entertainment
- Ch 504 Common Victuallers
- Ch 505 Innholders/Hotels
- Ch 506 Lodging, Bed-And-Breakfast, and Guesthouse Licenses
- Ch 507 Nonintoxicating Beverages
- Ch 508 Secondhand/Junk Dealers
- Ch 509 Automobile Sales
- Ch 510 Fortune Tellers
- Part VI: Marine and Environmental Affairs Division Regulations
- Ch 601 Sandy Neck Beach Park
- Part VII: Conservation Commission Regulations
- Ch 701 Property Use Violations
- Ch 702 Shooting Range
- Ch 703 Private Docks and Piers
- Ch 704 Wetlands Buffer Zone Activity
- Ch 705 Coastal Banks
- Ch 706 Abutter Notification
- Ch 707 Submission Requirements for Notice of Intent Applications
- Ch 708 Outside Consultants
- Ch 709 Noncriminal Disposition of Wetlands Violations
- Ch 710 Requests for Determination of Applicability
- Ch 711 Shore Outhauls
- Part VIII: Planning Board Regulations
- Ch 801 Subdivision Regulations
- Part IX: Department of Public Works Regulations
- Ch 901 Sewers Connections
- Ch 902 Hyannis Water System
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Town of Barnstable 5-21-1951, approved 7-5-1951
(Art. XIII of Ch. III of the General Ordinances as updated through 7-7-2003).
Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. .
— See Ch. .
No topsoil, subsoil, gravel, sand or other earth may be removed from
the Town of Barnstable without first having obtained a permit from the Town
Manager. A permit, with conditions imposed where necessary, may be issued
for the removal of topsoil, subsoil, gravel, sand, and other earth if the
Town Manager, after a public hearing, shall so order, provided that no such
permit shall be granted except upon written application and after a public
hearing of parties interested and consideration of their evidence by the Town
Manager; notice of said hearing being given by publication of the time and
place thereof in a local newspaper not less than two weeks before said hearing,
the expense of publication to be borne by the petitioner. After such a hearing
the Town Manager shall render a decision in writing stating the decision and
the reasons therefor and file the decision with the Town Clerk and send a
copy thereof to the applicant. Such permit may be renewed.
No topsoil or subsoil shall be removed from place to place within the
Town of Barnstable from an area of ground consisting of more than 5,000 square
feet unless the person removing such topsoil or subsoil shall replant 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.
[Amended 3-6-1965, approved 3-25-1965]
No sand or gravel shall be removed from place to place within the Town of Barnstable, except that a sand and gravel pit may be open and used for such purpose if it is located 100 feet or more from a street line and no more than one entry and one exit, provided a permit is first obtained from the Town Manager, after a public hearing has been held as set forth in § 198-1. The owner or owners of all sand and gravel pits shall burn or cart to the Town dumping area all dead trees and shrubs when any area amounting to more than 5,000 square feet becomes unsuited for further use, and in such cases the area shall be replanted with trees or shrubs to prevent soil erosion.
The foregoing shall not apply to land in public use nor shall they apply
to the case of materials removed or excavated for the purpose of improving,
grading, landscaping, cultivating the ground, nor for construction of buildings
and the making of public or private improvements.
Any person violating the provisions of this chapter shall be punished
by a fine not to exceed $50 for the first offense, $100 for the second offense
and $200 for each subsequent offense.
