Town of Wilton, NH

Excavation Site Plan Review Regulations

7.0 Operational Standards

The following standards apply to the operation of all permitted excavations within the Town.

  1. No excavation covered under RSA 155-E shall be permitted closer than 50 feet of the boundary of a disapproving abutter or within 10 feet of an approving abutter unless approval of a lesser distance is requested by the abutter, as defined in RSA-E:4.II.
  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.
  3. All areas used for the excavation of earth materials shall be set back and separated by an undisturbed natural wooded buffer at least 300 feet from all public roads except Webb Road and from all lot lines, except that:
    1. The setback may be reduced to 25 feet from other lots in the Gravel Excavation District with the written permission of the abutting lot owner,
    2. There is no setback requirement from lot lines between multiple lots containing land encompassed in a single excavation.
    3. Access roads may be constructed through the buffer area.
  4. 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.
  5. Vegetation shall be maintained or provided within the peripheral areas required by Section 7.0 a,b and c.
  6. 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.
  7. No actual excavation is to exceed five (5) acres at one time unless specifically authorized by the Planning Board.
  8. Appropriate erosion, sedimentation, air and water quality measures shall be integrated into the excavation process. Excavations shall comply with the Soil Erosion and Sedimentation Control Standards contained in Appendix II.
  9. No excavation shall be permitted closer than six feet to the seasonal high water table or to bedrock (as indicated by the required borings or test pits). The Planning Board may approve a lesser distance if the applicant provides scientific information sufficient to determine subsequent use of the site would not be precluded or present a public health threat; or if the applicant places restrictions upon future development of the site.
  10. No excavation shall be closer than ten feet to the seasonal high water table within the Town of Wilton Floodplain Conservation District, Wetlands Conservation District and Aquifer Protection District. The Planning Board may approve a lesser distance if the applicant provides scientific information sufficient to determine subsequent use of the site would not be precluded or present a public health threat; or if the applicant places restrictions upon future development of the site.
  11. Excavation that is not considered incidental to agriculture or sivilcultural activities or normal landscaping, further defined in Section 3.4 above, shall not occur without approval from the Planning Board and proof that the excavation does not negatively impact water quality.
  12. Where the depth of excavation will exceed 15 feet and/or where temporary slopes will exceed 1:1 grade, a fence or other suitable barricade shall be erected to warn of danger and/or limit access to the site.
  13. No area shall be excavated which will cause the accumulation of free standing water for prolonged periods. Appropriate drainage shall be provided.
  14. Excavation projects requiring Alteration of Terrian Permits from the Department of Environmental Services (DES) under RSA 485-A:17 shall file a copy of the permit, and provide copies of Alteration of Terrain updates, with the Planning Board prior to receiving a permit.
  15. Topsoil shall be stripped from the excavation area and stockpiled on-site for use in subsequent reclamation of the site. In conformance with the reclamation plan, top soil may be removed and taken off the excavation site if sufficient topsoil is kept on site to effect the reclamation.
  16. All temporary structures required during excavation operations shall be removed from the site within 30 days after such operations cease.
  17. No fuels, lubricants or other toxic or polluting chemicals shall be stored on-site unless in compliance with State laws or rules pertaining to such materials.
  18. Prior to the removal of topsoil or other overburden material from any land area that has not yet been excavated, the excavator shall file a reclamation bond or other surety, as prescribed by the Planning Board, sufficient to cover the cost of reclaiming the land area to be excavated.
  19. No excavation shall be permitted within 75 feet of any great pond, navigable river, or any other standing body of water 10 acres or more in area or within 25 feet of any other stream, river or brook which normally flows throughout the year, or any naturally occurring standing body of water less than 10 acres, prime wetland as designated in accordance with RSA 482-A:15,I or any other wetland greater than 5 acres in area as defined by the New Hampshire Department of Environmental Services Wetlands Board.
  20. On-site composting, backhauling, storage of landscaping materials and use as a contractor yard is prohibited unless prior authorization and approval has been granted through the site plan process.