§ 190-8. Permit conditions.

A. 

The operations under a permit granted pursuant to the provisions of this chapter shall be subject to the following conditions:

(1) 

No excavation shall be made within a horizontal distance of 10 feet of any public road or highway or within a horizontal distance of 10 feet of any adjoining boundary line of other owners without the consent of the Planning Board.

(2) 

No excavation shall be made below the grade of surrounding property to a depth greater than two feet, unless the excavation is properly guarded and protected by a substantial fence of proper height and strength which will prevent children from climbing over such fence and with gates, which gates shall be locked at all times when the property is not being worked.

(3) 

All excavations and all conformations resulting from grading or filling operations shall be drained so that water or pools gathering in the bottom of such excavations shall not be greater in depth than one foot.

(4) 

The excavated portions shall be refilled with clean, nonburning fill containing no garbage, refuse or deleterious matter and shall be graded to the level of the adjoining property and shall be reseeded with a mixture of rye and clover sufficient to stabilize the soil.

(5) 

In the case of a permit for the removal of topsoil, at least two inches of topsoil shall be left upon the surface from which topsoil has been removed, and the area from which said topsoil has been taken shall be reseeded with a mixture of rye and clover sufficient to stabilize the soil.

(6) 

Processing of any kind or the erection or use of any structure, such as, but not limited to, hoppers, strainers, washers, crushers or sheds, shall be deemed to be a commercial use; provided, however, that where a permit has been issued under this chapter, power equipment for the purpose of excavation and loading shall be allowed.

(7) 

No operations shall be permitted on Sundays or legal holidays nor before 8:00 a.m. or after 6:00 p.m. on other days.

(8) 

No excavation slope shall be cut in excess of the permanent stable slope of the soil involved, and the exposed slope shall be required to be seeded or protected by other means to prevent its subsequent erosion. In the event of any dispute as to the stability of the slope, the determination of the Building Inspector shall be conclusive.

(9) 

Dust down or similar dust layer shall be spread on access roads and any traveled areas used in connection with any work under this chapter to protect the public and surrounding area against windblown sand and dust.

(10) 

No removal of earth from the ground shall be made so as to prevent or interfere with the orderly development of residential, business, manufacturing or public purposes or other land in the vicinity or so as to render unreasonable delay in travel from place to place or to render unduly difficult or to substantially increase the cost of the installation of public utilities or other public services or so as to substantially depreciate the value of property in the vicinity.

(11) 

No stripping of topsoil or tree removal shall be made within 10 feet of any property line unless permitted by the Planning Board. Permits by the Planning Board shall take into consideration the intent of this chapter regarding the replacement of topsoil and the restoration, reseeding and stabilization of the land.

(12) 

Such conditions as the Planning Board may deem appropriate as to the time in which the work is to be completed.

(13) 

Such other conditions as the Planning Board may deem appropriate to carry out the purposes of this chapter and the broad statements of policy as enumerated in § 190-1 hereof, as if those purposes were specifically enumerated hereunder.

B. 

The Board retains the power to impose additional conditions during the terms of the permit if in its opinion or in the opinion of the Building Inspector additional conditions are necessary.