[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.]
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.