The removal of soil, loam, sand and/or gravel from land not in public use within the Town of Salisbury, except as hereinafter provided, is prohibited.

The failure to construct an adequate fence or barrier around an area where earth materials have been or are in the process of being removed within 30 days of the receipt of a written order to do so by the Selectmen of the Town shall constitute a separate violation of this bylaw for each day in excess of 30 days that such fence or other barrier has not been constructed.

The failure to have completed finished grades in permitted excavation area of at least two units horizontal for every one unit of elevation within three months after permitted earth removal has been completed shall constitute a violation of this bylaw for each week in excess of three months that such grading remains incomplete.

An applicant for such permit shall present a plan of the premises where such removal is contemplated showing with specificity the area where earth removal operations will occur, the present elevations or topography, the proposed finished elevations or topography, and the annualized water table elevation for such premises.

The applicant shall present a written outline proposal indicating the type of fence or barrier that he intends to construct around the earth removal site, and the time period in which he intends to remove the earth materials.

The Board of Selectmen, upon such application, may issue a permit for such earth removal in accordance with such plan and written statement or outline, and such other restrictions or conditions as it may require to ensure protection from damage to the public or natural water supply, damage to adjoining lands, roads, or structures, hazards to children and strangers, detriment to a neighborhood, and inconvenience to the public. If the Board finds that no restrictions or conditions will adequately protect against the above hazards it may refuse to issue such permit.

The Board of Selectmen may require the applicant to post a bond with or without sureties for completion of the work permitted on the premises.

Any such permit shall expire and be of no further force or effect on December 31 in the year it was issued.

Any earth removal operation carried over from one year to the next must be issued a permit for each calendar year it is in operation prior to any earth removal operations in that calendar year.

The permit procedure for each calendar year shall require submission of a plan showing with specificity the area where earth materials are to be removed in that year, including before and after elevations and slopes and the annualized water table elevation for that area. A written statement shall also be required setting forth the types of barriers or fences constructed around any new site and the time in which that year's work will be completed on the new site. No later than 45 days prior to permit expiration date, the applicant shall submit a fully certified registered engineer map showing the items recited in this subsection.

The Board of Selectmen may refuse to issue a permit for such continued operation if it finds that the requirements of a previous year's plan with respect to the subject premises or person or firm have not been met or completed, or if it finds such continued operations would endanger the natural water supply, adjacent lands, roads, or structures, or the safety of children or strangers.

The Board may issue a permit for such continued operation subject to such restrictions or conditions as it sees fit to ensure the provisions of Subsection C are satisfied, and such permit shall expire on December 31 in the year it is issued.

The Board shall require the applicant to post a bond with or without surety for the completion of work permitted on the premises of $5,000 per acre shown on the engineer map provided to the Town under Subsection B above.

The Board of Selectmen, upon investigation of an earth removal site, may issue a hearing notice and order with respect to any earth removal operation which it has reason to believe is in violation of the permit issued for such removal, or is otherwise in violation of this bylaw. Such notice shall require the owner and operator of the earth removal site to cease any and all earth removal until appearing at a hearing before the Board to be held no later than 10 days from the date when such notice is served, at which time the Board will hear evidence as to any alleged violation that any party or his attorney may care to present.

If, after such hearing, the Board determines that a violation of the terms and conditions of a permit or this bylaw has occurred, it may revoke, suspend, or modify such permit as it sees fit to ensure continued compliance with this bylaw throughout the Town.

No earth removal shall be permitted within 200 feet of a way below the elevation of the way.

No standing water in excess of one foot in depth shall by permitted upon an earth removal site without an adequate fence completely surrounding such water and two warning signs posted conspicuously on such fence.

No excavation on an earth removal site shall be permitted below the annualized water table elevation without specific express authority therefor evidenced on the face of a permit.

The Board of Selectmen shall have the authority to waive any of the permit procedure requirements, and barrier and grade requirements, upon a finding that such waiver is not inconsistent with the intent and purpose of this bylaw.

A violation within a calendar year is punishable by a fine of $50.

A second violation within a calendar year is punishable by a fine of $100.

Each subsequent violation within a calendar year is punishable by a fine $200.

Wherever possible this bylaw is to be construed consistently with the General Laws and other bylaws of the Town. In the event the provisions of this bylaw conflict with the provisions of another Town bylaw, then this bylaw shall be controlling with respect to the issue in conflict.

This bylaw shall not apply to the removal of earth materials in connection with the construction of a building for which a building permit has been issued or to the removal of earth materials in accordance with a subdivision plan approved or endorsed by the Salisbury Planning Board.

No person who is an inhabitant of the Town or noninhabitant of the Town, or company or corporation, shall remove sand, loam, or gravel from land not in public use in the confines of the Town of Salisbury, Massachusetts.

Penalty for violation of bylaw: first offense, $50; second offense, $100; for each subsequent offense, $200.