General. No removal of sod, loam, humus, clay, sand or gravel shall be permitted except in accordance with the conditions and procedures contained herein.

Exceptions. The provisions of this article shall not apply to the following types of uses. Any fill material imported to the site pursuant to any exception shall be inorganic material, and any earthwork, final grades, planting and landscaping shall be constructed with due regard for the protection of persons and property adjacent to the site. At no time will a slope exceed 3:1. Any site within 100 feet of a wetland shall be subject to the jurisdiction of the Conservation Commission.

Each application for a special permit shall be accompanied by a plan of land, at least six eight-inch by ten-inch photographs of the area and a statement describing any fill material to be used and where such fill would be obtained. The plan of land shall indicate the existing grade, proposed area of fill, proposed area of cut, area to be left as natural ground, grades below which no removal is to take place, proposed final landscaping and permanent benchmarks.

All required plans shall be prepared by a registered civil engineer and surveyor, except that the Board of Appeals may waive this requirement, upon written request, where it is evident that the plan is sufficiently accurate for the scope of operations proposed and where such operations will be minor.

Five copies of the initial plan of land shall be prepared, and, at the time of application to the Board of Appeals, such copies shall be distributed to the Inspector of Buildings, Town Engineer, Planning Board and Conservation Commission.

The Inspector of Buildings, Town Engineer, Planning Board and Conservation Commission may report with recommendations to the Board of Appeals either at or prior to the hearing on the application.

A final plan of land shall be prepared showing the final grades, cross sections, location of culverts and other site improvements and cover vegetation, trees and landscaping.

Three copies of the final plan shall be prepared, one of which shall be distributed to the Inspector of Buildings and one to the Town Engineer, who shall review the final plan and inspect the completed site for conformity with this chapter and any terms and conditions imposed by the Board of Appeals.

A performance bond in an amount determined by the Board of Appeals shall be posted in the name of the Town assuring satisfactory compliance with this chapter and any conditions imposed by the Board of Appeals in the interests of safeguarding the area and the Town against injury, assuring proper future use of the land after operations are completed or to control the transportation of such material through the town. Upon failure to comply and forfeiture of the bond, moneys therefrom shall be utilized by the Town for the purpose of fulfilling these requirements. No bond shall be released until sufficient time has elapsed to ascertain that any filled area has stabilized, that vegetation planted has successfully been established and that drainage is satisfactory.

The Board of Appeals may set additional conditions governing the conduct of operations, hours when trucking is permitted, trees, screening and landscaping which shall be in writing and a part of the permit issued.

A permit shall not be issued for more than one year and may be renewed only upon application and following a public hearing. Prior to renewal, inspection of the premises shall be made by the Inspector of Buildings.

The Board of Appeals, after hearing and proof of violation of the terms of the permit or of this chapter, shall withdraw the permit, after which the operation shall be discontinued and the area restored in accordance with this chapter.

Removal shall not take place below a level that would reasonably be considered a desirable grade for the later development of the area or below the grades specified on the plan accompanying the permit, provided that such plan has been approved or modified in accord with the directive of the Board of Appeals.

During removal operations, no slope shall exceed one foot rise to 1 1/2 feet horizontal distance or the natural angle of repose of the material in a dry state, whichever is lower, except in ledge rock.

Provision shall be made for safe drainage of water and for prevention of wind or water erosion carrying material onto adjoining properties.

Soil shall not be disturbed within 100 feet of the boundaries of the premises, excepting at the conclusion of operations, if required in order to improve the overall grading.

All land shall be graded so that the elevation of any disturbed areas shall be one foot or more above the grade level of any adjacent street or way and so that no slope exceeds a rise of one foot vertical for each three feet of horizontal distance and shall be graded as to safely provide for drainage without erosion.

All boulders larger than 1/2 cubic yard shall be removed or buried.

The entire area of disturbed ground shall be covered with not less than four inches of loam, which shall be planted with cover vegetation adequate to prevent soil erosion, using either grasses or ground cover, depending upon conditions.

Retaining walls. Where it is necessary to erect retaining walls to guard against erosion, such retaining walls shall be no more than 18 inches above the grade of all adjacent streets or ways, with the filled land at least eight inches below the top of the retaining wall.