Earth removal
The purposes of the regulations contained in this section are to control the location and intensity of extractive industries such as earth removal, gravel removal, loam stripping, sand removal and the mining of minerals and ores, including provisions for maintenance, clean-up and restoration of such extractive sites to a safe and attractive condition during and after cessation of such uses.
506.1. Definitions.
Earth removal. Extraction or removal of any soil or topsoil from any tract of land or water body. Earth removal shall also be included to mean uses customarily accessory to and necessary for earth removal operations, including rock crushing, washing, sorting, storing and other treatment of soil excavated on the site, but specifically excluding any processing of soil transported from off-site areas, and the manufacturing of soil-related products such as premixed concrete, bricks, block and the like.
Excluded from this definition is earth removal involving the process of grading land:
A. For the construction of a building for which a building permit has been issued;
B. For the construction of a roadway;
C. For a subdivision in accordance with a plat plan or plans approved by the planning board;
D. For normal regrading or landscaping operations where no soil is removed from the lot;
E. For earth removal excavations for noncommercial purposes, less than one-half (½) acre upon a single lot.
Earth removal site. The lot or any portion thereof upon which any earth removal is conducted.
Soil. Any earth, sand, clay, loam, gravel, humus, rock, mineral or other earth product irrespective of the presence therein of organic matter.
Topsoil. Soil that is found on the top layer of earth, in its natural state, and is composed of two (2) percent or more, by weight, of organic mater and has the ability to support vegetation.
506.2. Application procedure.
Application for a special use permit for enlargement of a nonconforming use of extractive industry, shall be made to the zoning board of review. All such applications shall be referred to the director of planning for review and recommendations, and said director of planning shall submit a written report on the application to the zoning board before the hearing schedule thereon. Application for any earth removal, rock quarrying, or extractive materials processing, distribution, and storage, if permitted by article 3, shall be made to the planning board as a land development project, pursuant to the subdivision and land development regulations except where set forth to the contrary herein.
506.3. Contents of application.
The application required by subsection 506.2. shall be filed with the clerk of the appropriate board on a form prescribed by the director of planning and shall be accompanied by the following:
A. An accurate plan, showing the area of land upon which earth removal is to take place, any roads or driveways to be used by vehicles in conjunction with the use, and referencing the assessor's map and lot numbers for the land upon which said earth removal is to take place.
B. The plan shall show the names of abutting owners and the location of all residential buildings within five hundred (500) feet of the proposed site.
C. If the application is made for continuation or enlargement of existing earth removal activity, said plan as required in subsection A. of this section shall show areas and limits of existing earth removal activity, and areas of proposed future earth removal, and calculate the area of horizontal activity in square feet, both prior to and following the proposed special use permit.
506.4. Earth removal, soil erosion, and sediment control plan.
Applications shall require submission of an earth removal, soil erosion, and sediment control plan. The plan shall include the following:
A. The plan shall describe the location, nature, character and time schedule of the proposed earth removal operation in sufficient detail to allow the building official or his/her designee to determine the potential for soil erosion and sedimentation resulting from the proposed activity.
B. A narrative shall be included describing the proposed land disturbing activity and the soil erosion and sediment control measures to be installed to control erosion that could result from the proposed activity.
C. The plan shall include: existing and proposed contours; drainage features; existing vegetation; location of on-site or nearby wetlands or coastal features; proposed limits of clearing, grading and excavation; proposed stock piles and borrow areas; sequence and staging of earth removal activities; and, proposed location of soil erosion and sediment control measures.
D. The plan shall include a restoration element that details the intended post earth removal measures proposed to adequately stabilize the site following completion of all earth removal activities. The restoration element shall include: proposed final contours; proposed final site grading; temporary vegetation and/or mulching to be used to protect bare areas; proposed resodding, reseeding or other proposed restoration measures.
506.5. Regulations for earth removal operations. All earth removal operations shall be subject to the following:
A. Setback. No earth removal shall be conducted within a distance of fifty (50) feet from any lot line.
B. Dust control. Damper applications shall be made at intervals and in amounts sufficient to prevent observable dust from rising from the road surface in any lot upon which the earth removal is being conducted.
C. Drainage. Adequate drainage shall be provided upon any earth removal site in order to prevent the permanent collection and stagnation of surface water, and the flooding or erosion of surrounding property.
D. Ground cover. Upon cessation of earth removal operations on any portion of an earth removal site, the portion of such site shall be prepared and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion. If suitable fertile ground cover existed at the beginning of operations, then enough shall be held in reserve to be reapplied at the cessation of operation to a minimum thickness of six (6) inches.
E. Contours. Upon cessation of earth removal operations on any portion of an earth removal site, all slopes and grades on such portion shall be smoothed and rounded to avoid any steep or abrupt slopes and no grade shall be left at an angle greater than a natural angle of repose.
506.6. Existing earth removal; application of regulations.
The regulations set forth in this section shall apply to legally existing earth removal operations which were actively being conducted upon March 29, 1976.