Zoning By Law - Town of Ashburnham, Massachusetts

5.6 Soil, Vegetation, Rock, and Gravel Removal
5.61 Purpose
The purpose of this section is to prevent the degradation of the town’s natural
resources including its soil, surface and groundwater and naturally occurring
vegetation due to the improper or uncontrolled removal or redisposition of soils,
vegetation and earth materials. Unless otherwise provided for in this by-law, this
section shall not apply to the removal of less than 19 cubic yards of material from a
lot for non-commercial purposes for maintenance or improvement of the lot or: the
removal or alteration of existing vegetation upon a lot for non-commercial purposes
related to the routine maintenance or improvement of the lot.
5.62 General Provisions
a. Excavation, removal, stripping, or mining of any earth material, soil and
vegetation except as hereinafter permitted on any parcel of land, public or
private, in Ashburnham is prohibited.
b. Exclusion jurisdiction to issue Earth removal Permits shall be with the Board
of Appeals.
c. The Building Inspector shall have the authority to enforce all conditions of
any Permit issued under this Section of the Zoning By-Law.
d. All earth removal operations in existence in Ashburnham on the effective date
of this section shall be subject to the requirements stated herein. However, all
Earth Removal Permits issued prior to the effective date of this Section shall
remain in effect until their expiration date. At such time, said operation shall
be subject to the provisions of this Section, unless otherwise allowed by the
Board of Appeals for a period not to exceed six (6) months.
e. An annual fee shall be required for an earth removal permit as established by
the Board of Appeals.
5.63 Application for Soil, Vegetation, Rock and Gravel Removal
Materials for Submission
All applicants for a Soil, Vegetation, Rock and Gravel Removal Permit must, at
a minimum, submit the following materials to the Board of Appeals.
a. A plan or plans to scale, (1” = 4’) prepared and stamped by a Registered
Engineer and a Registered Land Surveyor, and subdivided into five acre lots
showing the property lines of the parcel of land under consideration along
with all abutters to the property, existing and final contours in two foot (2)
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ASHBURNHAM ZONING BY-LAWS
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