In all districts, the removal of sod, loam, clay, sand, gravel or quarried stone, and the disposition thereof, except when incidental to and in connection with the construction of a building for which a building permit has been issued, shall be subject to the issuance of an earth removal permit by the city council and a building permit from the building inspector. Where the removal is incidental to and in connection with the construction of a building for which a building permit has been issued, the material shall be stockpiled on the site until the building is 50% complete.

(Amended 9-12-2013)

14.2.1 The application for an earth removal permit shall be accompanied by a grading and operational plan showing the following:

A.

Existing and proposed topography at two-foot contour intervals;

B.

All trees over 4 inches in diameter as measured four feet above natural ground;

C.

All trees that will be removed;

D.

Existing and proposed drainage facilities;

E.

Proposed landscaping (A minimum of four inches of topsoil shall be required.);

F.

Proposed haul routes, both on and off the site;

G.

Quantity of material to be removed; and

H.

Means of draining site and providing dust control during the removal operation.

14.2.2 The city council shall require that a bond be provided in an amount sufficient to ensure completion of the work. The city council shall, in each instance, impose such conditions as will protect the neighborhood and the city against permanent and temporary hazards or injury to the amenities because of conditions which may be left after operations are completed, or because of the methods of handling such material at the site or of transporting such material through the city. The construction of private streets or ways in accordance with lines and grades established by approved subdivision plans shall not be construed as coming within the exemption referred to in the first sentence of this section, and where such construction involves the removal of sod, loam, clay, sand, gravel or quarried stone, a special permit by the city council shall be required. Earth products to be removed from a site shall be first stockpiled on the site until substantial completion of the work.

Any earth products removed from city owned property shall remain the property of the City of Peabody, and said excess of earth products shall be stored at a location selected by the director of public services department of the city, or by his designee.

If the amount of earth products is in excess of that which the City of Peabody may need, at some point and time, upon the recommendation of the director of public services department or his designee, it shall be at the discretion of the city council concerning the disposition thereof.

Earth products removed from or added to city owned land will not be subjected to the requirements of section 14 of this ordinance.