Hadley City Zoning Code
SECTION IX
Removal of Earth Products
[Added 3-23-1978; amended May 1978]
§ 9.1 Removal.
The removal from any property of earth products, including but not limited to sod, loam, sand, clay, silt, muck, peat, gravel or quarried stone, shall be prohibited in all districts, except when incidental to and in conjunction with the constriction of a building or other activity authorized by this bylaw as interpreted by the Building Inspector, and except such removal may be authorized through the issuance of a special permit by the Planning Board. All existing commercial excavation facilities (those which have been previously authorized by permit by the Board of Selectmen or Planning Board) shall be considered nonconforming uses and shall be subject to the provisions of this Zoning Bylaw, § 5.1.
§ 9.2 Application.
Application for a special permit shall be filed with the Town Clerk and immediately transmitted to the Planning Board, and a public hearing thereon shall be held by the Planning Board within 65 days of the filing of the same with the Town Clerk. Said application shall contain the following information:
9.2.1.
The location of the proposed excavation.
9.2.2.
The legal name and address of the owner of the property.
9.2.3.
The legal name and address of the petitioner.
9.2.4.
Names and addresses of all abutting property owners, including those on the opposite side of any street.
9.2.5.
A plan of the land involved, prepared by a registered land surveyor or professional engineer, showing all man-made features, property lines, vegetation cover, soil characteristics and existing topography by five-foot contours plus a strip 100 feet wide surrounding said land.
9.2.6.
A plan of land showing five-foot contours of the finish grade on the site after the proposed completion of the excavation project.
9.2.7.
The estimated quantity of material to be removed and topsoil to be stripped and replaced.
9.2.8.
The proposed form of bond to be used.
§ 9.3 Permit.
The permit issued by the Planning Board shall be subject to but not limited by the following conditions:
9.3.1.
No excavation shall be permitted below the grade of a road bounding the property at any point nearer than 300 feet to such road.
9.3.2.
No excavation below the natural grade of any property boundary shall be permitted nearer than 50 feet to such boundary.
9.3.3.
No slope created by the removal operation shall be finished at a grade in excess of two horizontal feet to one vertical foot.
§ 9.4 No permit required.
No special permit shall be required for the following:
9.4.1.
Moving earth products within the limits of an individual property or series of contiguous properties of land in single ownership, provided that no such moving shall take place across or within a street.
9.4.2.
Removal of earth products from an operating farm, nursery or cemetery to the extent that such removal is necessary to the operation of the same. This does not permit one to remove earth products for profit.
9.4.3.
The moving and removal of earth products for any municipal purpose by, or on behalf of, any department of the Town of Hadley.
9.4.4.
Any operation that will remove less than 25 cubic yards in a twelve-month period.
9.4.5.
Removal of earth products associated with constriction for which a building permit has been granted, provided that the amount of earth products removed shall not exceed:
9.4.5.1.
That portion of the structure which is below grade.
9.4.5.2.
That portion which has been excavated to allow for a driveway, roadway, or parking area, provided that the depth of such excavation shall not exceed 18 inches below grade except as required for drainage basins.
[Amended 10-17-1991]