Lancaster City Zoning Code
ARTICLE IX
Earth Products Removal
§ 220-32 Authorization.
A.
Exceptions. The removal of earth products, which term shall include all types of soil, humus, loam, sand and gravel, as well as bedrock, is prohibited unless authorized by the Select Board except under the following circumstances:
(1)
When such removal is incidental to and in connection with the erection of a building for which a building permit has been issued by the Building Inspector of the Town;
(2)
When such removal is required in order to construct a street that has been approved by the Planning Board;
(3)
When such removal is in accordance with special permission from the Board of Appeals issued under the provisions of existing bylaws now in effect.
B.
Authorization by Select Board.
[Amended 5-3-1988]
(1)
In any other case earth products shall not be removed from any premises except as authorized on a special permit granted by the Select Board. Actions by the Select Board on such special permit shall be based upon the same considerations and procedural requirements stated in the bylaw for the Board of Appeals, including § 220-61D, except as otherwise may be required by statute.
(2)
The Select Board shall impose any restrictions necessary to protect the interest of the Town while keeping in mind the general purpose of the bylaw to regulate the stripping of loam so as to prevent the injurious effects brought about by the creation of waste areas. A minimum depth of nine inches of loam must be left and spread over the site unless a landowner can clearly demonstrate that a lesser depth of loam preexists on the site, in which case a depth equal to the preexisting depth shall be required to be left and spread over the site. The entire disturbed area shall be fertilized and seeded with a durable ground cover sufficient to stabilize and maintain finished grade. The Select Board may require a higher minimum depth of loam if, in its opinion after examining the site, the Board determines that it is necessary to the best interest of the Town and/or abutting landowners.
(3)
The Select Board shall limit the size of the operation, the method of operation, the number of vehicles entering and leaving the site, the amount of earth products removed within a specified period of time and generally regulate the operation so as to allow the landowner use of his land but to prevent substantial injury to the public interest of the Town.
C.
Record of restrictions. Any restrictions or conditions imposed by the Select Board shall be attached to the letter of permit and copies of said permit and attached restrictions shall be sent to the Planning Board, Board of Appeals, Water and Road Boards, Board of Health, Building Inspector, and Town Clerk.
D.
Time limit. No earth products removal permit shall be issued for a period of less than six months or more than 24 months. A permit may be renewed without a public hearing by majority vote of the Select Board.
E.
Limit of removal. The Select Board may in its discretion limit the amount of earth products removed from the Town upon a determination that:
[Amended 5-3-1988]
(1)
There is or will in the future be a need for the products within the Town; or
(2)
The transportation of the earth products will create a hazardous condition because, but not limited to, the estimated number of vehicles per day, the size and weight of the vehicles, the expected spreading of dirt, dust on the roadways and in the air.
F.
Unless incidental to construction on the premises under a current building permit, no earth materials shall be removed within 10 feet of spring high water table within the Water Resource District, or within six feet of spring high water table elsewhere.
§ 220-33 Enforcement; violations and penalties.
A.
Security. The Select Board may at its discretion, require a bond, certified check or other security for compliance with the conditions of this bylaw.
B.
Revocation. The Select Board may, after a public hearing on proof of violation of any condition of this bylaw or restriction imposed by the Select Board, revoke any permit or permits issued by it.
C.
Penalty. The penalty for violation of this bylaw shall be fines as set forth in Chapter 1, General Provisions, Article II, Fines, of the Code of the Town of Lancaster.
D.
Extension of prior permits. Persons now operating with earth products removal permits granted either by the Select Board or the Board of Appeals shall be granted six months after passage of the above Bylaw at a Town Meeting to obtain a new permit or cease operation after the six-month period has elapsed.
