SECTION 2 - DEFINITIONS
2.1 “Abutter” means any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term “abutter” shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a condominium or other collective form of ownership, the term abutter means the officers of the collective or association, as defined in RSA 356-B:3, XXIII.
2.2 “Application” means a completed application for an excavation permit. An application shall not be considered complete until all of the Excavation Application Checklist items (Appendix B) have been completed and accepted to the satisfaction of the Regulator in addition to any other requirements of this regulation.
2.3 “Commercial” means any use of any earth material for sale or resale on or off site of the excavation area. In addition, an excavation shall be considered commercial if earth materials are transported to other land whose ownership is different than the ownership of the land from which the earth was excavated. Excavation which use earth materials in the processing of other material such as, but not limited to, concrete, asphalt, and other building materials shall be considered commercial.
2.4 “Dimension stone” means rock that is cut, shaped, or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth as defined in Section 2.5.
2.5 “Earth” means sand, gravel, rock, soil or construction aggregate produced by quarrying, crushing, or any other mining activity or such other naturally-occurring unconsolidated materials that normally mask the bedrock.
2.6 “Excavation” means a land area which is used, or has been used, for commercial taking of earth, including all slopes.
2.7 “Excavation site” means any area of contiguous land in common ownership upon which excavation takes place.
2.8 “Notice of Intent” means a written notice to the Regulator and to the Conservation Commission to inform them of the intent to apply for a permit to excavate for a new excavation, or for expansion of, or continuation of an excavation in operation at the time of adoption of this Regulation.
2.9 “Regulator” means the planning board of the municipality.
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