SECTION 7 - OPERATIONAL STANDARDS
7.1 No excavation covered under RSA 155-E shall be permitted closer than 50 feet of the boundary of a disapproving abutter. If concurrence is received from an abutter, in writing, then the boundary setback shall be ten feet.
7.2 No excavation covered under RSA 155-E shall be permitted closer than 150 feet of an existing dwelling or to a dwelling for which a building permit has been issued at the time the excavation is begun.
7.3 No excavation shall be permitted below road level within 50 feet of the right-of-way of any public highway as defined in RSA 229:1 unless such excavation is for the purpose of said highway.
7.4 Vegetation shall be maintained or provided within the buffer areas required by Sections 7.1, 7.2, and 7.3.
7.5 Natural vegetation adjacent to neighboring properties on which excavation is not intended shall be maintained for the purposes of erosion control, screening, noise reduction, and property valuation. The Regulator shall have the authority to require additional screening (e.g. vegetation or fencing) where necessary.
7.6 Appropriate erosion, sedimentation, air and water quality measures shall be integrated into the excavation process. Excavations shall comply with the Erosion and Sedimentation Control provisions in the Town’s Subdivision Regulations.
7.7 Where the depth of excavation will exceed 15 feet and temporary slopes will exceed 1:1 in grade, every reasonable effort shall be made to warn of danger and/or limit access to the site.
7.8 Excavation practices which result in siltation in streams or degradation of any water supplies are prohibited.
7.9 Topsoil shall be stripped from the excavation area and stockpiled for use in subsequent reclamation of the site. It shall be protected from erosion (e.g. by seeding, covering, or other acceptable practices). No topsoil shall be removed from the site without specific approval from the Regulator.
7.10 All temporary structures required during excavation operations shall be removed from the site within 30 days after such operations cease.
7.11 All vehicles transporting excavated material still utilize adequate coving and/or sideboards to prevent dust and spillage when loaded.
7.12 No fuels, lubricants or other toxic polluting chemicals shall be stored on-site unless in compliance with State and Federal laws or rules pertaining to fuels and lubricants, or other toxic or polluting chemicals.
7.13 Prior to the stripping of topsoil, removal of stumps, or other materials from a new excavation area, the excavator shall file a reclamation bond or other surety, as prescribed by the Regulator, sufficient to cover the cost of site reclamation.
7.14 Access roads leading to the excavation site shall intersect existing streets and roads at locations that have been duly approved by state or local officials and in a manner that will not endanger the safety of highway users and local residents. The provisions of RSA 236:13-14 (“Highway Access”) shall be adhered to by the applicant and shall be shown on the excavation plan.
7.15 Permit approval shall be conditioned on compliance by the applicant with street and highway regulations promulgated by federal, state and local units.
7.16 No excavation shall substantially damage any aquifer identified on mapping by the U.S. Geological Survey. The Board shall determine whether or not substantial damage to the aquifer will be incurred by considering the following criteria:
7.16.1 the excavation shall not detrimentally affect the quality of the ground-water contained in the aquifer by directly contributing to pollution or by increasing the long term susceptibility of the aquifer to potential pollutants,
7.16.2 the excavation shall not cause a significant reduction in the long term volume of water contained in the aquifer or in the storage capacity of the aquifer.
7.16.3 the Board may require that the applicant provide data or reports prepared by a professional ground-water consultant which assess the potential aquifer damage cause by the proposed excavation project.
7.17 The applicable state statutes and regulations pertaining to forest practice and timber harvesting shall apply to the removal of vegetative cover at excavation sites.
7.18 Start-up time for all machinery associated with a gravel or sand pit shall be no earlier than 7:00 a.m. and all machinery must be shut down by 5:00 p.m. Hours of operation other than those stipulated may be allowed if specifically authorized by the Regulator.
7.19 Excavation operations shall be set back at least 25 feet from wetlands (as defined in the Town’s zoning ordinance) and it must be demonstrated that no sedimentation of the wetlands will occur as a result of the excavation. The Regulator shall have the authority to require greater wetlands setbacks in situations where it can be demonstrated that they will be required to protect the wetlands from degradation due to proposed excavation operations.
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