Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-15-1974 as Chapter 15 of the 1974 Code of the Town of Tonawanda. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 54.
Excavations — See Ch. 77.
Streets and sidewalks — See Ch. 183.
Zoning — See Ch. 215.

§ 179-1 Conformance with regulations required.

No excavation, removal or storage of earth, sand, gravel, rock, topsoil or other similar material (excluding wood), other than the excavation, removal or storage necessary in connection with the construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public or private utilities, shall be commenced in the Town of Tonawanda, except in conformity with the provisions of this chapter.

§ 179-2 Permit required.

Before commencing the excavation, removal or storage of any of the materials mentioned in § 179-1, the owner or lessee of such premises or tract of land shall obtain a written permit therefor, to be issued by the Town Clerk of the Town of Tonawanda, subject to the approval of the Town Board in its discretion.

§ 179-3 Permit application; setting of corner posts.

A. 
Application for permit.
(1) 
The applicant shall file with the Town Engineer of the Town of Tonawanda an application, in duplicate, together with a comprehensive plan drawn to a scale of one inch to 100 feet, setting forth in detail:
(a) 
Location of premises and location and extent of the proposed excavation.
(b) 
Exact conditions, profiles and cross sections of the premises before excavation and those proposed after excavation.
(c) 
Drainage systems to be installed to ensure proper surface drainage during and after completion of the work.
(d) 
Grades of all creeks or drainage ditches at fifty-foot intervals for a minimum distance of 500 feet beyond the parcel of land covered by the permit.
(e) 
Location of all existing buildings on said premises.
(f) 
Elevations at intervals of 50 feet.
(g) 
All drawings shall show all existing utilities adjacent to and on said premises and shall show proposed protection or treatment thereof.
(h) 
Proposed surface texture or ground cover after excavation.
(2) 
The elevations shown on the above-mentioned plan shall refer to the established data on file in the Town Engineer's office.
(3) 
Such plans must be prepared by an engineer or land surveyor duly licensed to practice in the State of New York.
B. 
Corner posts shall be set designating the land area involved. Such posts shall have a sign affixed thereto, 24 inches in length by 12 inches in height, containing the name of the person to whom the permit has been issued, the permit number and a statement of the month of issue. The top of such corner posts shall be at least four feet above the ground level and shall be placed in position by the licensed engineer or surveyor at the time of the original survey. These posts shall be maintained in their exact positions throughout the entire operation to aid in the inspection of the area to which the permit relates by all interested persons. In the event that such posts are not in place, said permit shall be subject to revocation at the discretion of the Town Board until such time as they have been replaced in exact position.

§ 179-4 Location restrictions for excavations and stockpiles.

No such excavation or stockpiles arising therefrom shall be made within 50 feet of the right-of-way of any public road, street, highway or public area or within 50 feet of any property line of adjoining land unless written consent of the adjoining property owner shall be first obtained and a duplicate or original copy attached to the application.

§ 179-5 Ground cover; drainage and erosion.

A. 
Surface texture or ground cover for each removal may consist of one or more of the following:
(1) 
Completely seeded with grass to prevent erosion.
(2) 
Any type of landscaping or site improvement which will prevent erosion, subject to approval by the Town Engineer.
B. 
The surface of all excavated or disturbed areas shall have a positive slope to existing drainage facilities and the surface texture of all such areas shall be of such a nature as to prevent erosion of the surface after all excavation has been performed and completed. The proposed grading and slope and the necessary auxiliary appurtenances shall provide adequate drainage to existing Town facilities as shall be approved by the Town Engineer before removal operations are commenced.

§ 179-6 Bond required.

[Amended 2-10-2003]
Before the issuance of a permit, the applicant or the record owner of the premises or tract of land shall deliver to the Town Clerk a bond in the minimum amount of $10,000 executed by a surety corporation authorized to do business in the State of New York. Such bond shall be increased in amount by a sum equal to $2,000 for each acre or fractional part thereof covered by the permit. The bond must be approved by the Town Board and shall guarantee faithful performance of the work in accordance with this chapter and all ordinances of the Town of Tonawanda and the plans and specifications filed within the application for the permit.

§ 179-7 Permit fee; term of permit.

[Amended 2-10-2003]
A. 
The fee charged for the issuance of a permit shall be established from time to time by the Town Board by resolution. The Town Clerk of the Town of Tonawanda shall collect the fee upon issuance of the permit.
B. 
The permit shall expire one year from the date of issuance. Upon written application and the further payment of fees, the Town Board may extend said permit for one additional year.

§ 179-8 Exceptions to provisions.

A. 
Nothing herein contained shall require a person to obtain a permit for or prevent the moving of the hereinabove-mentioned materials from one part of his premises or tract of land to another part of the same premises or tract of land when such is necessary for regrading or improvement of said land; provided, however, that any person engaged in the development of areas known as "subdivisions" within the Town of Tonawanda and moving topsoil to correct grades shall replace topsoil so moved to the same depth as existed thereon prior thereto.
B. 
Nothing herein contained shall prevent a cemetery from excavating for a grave, headstone or monument and removing or storing the surplus dirt or material resulting from such excavation.
C. 
Whenever any provision of Chapter 179 of the Code of the Town of Tonawanda is in conflict with any provision of Title 27 of the New York State Environmental Conservation Law, the provision establishing the stricter standards shall prevail.
[Added 7-29-1985]

§ 179-9 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PERSON, OWNER, LESSEE, APPLICANT AND/OR HOLDER OF A PERMIT
Shall apply to all individuals operating as sole proprietors, partnerships, firms, associations or corporations.

§ 179-10 Excavations affecting municipal improvements.

[Amended 3-26-2007 by L.L. No. 2-2007]
Notwithstanding any other provision of this chapter, any excavation made within the Town of Tonawanda which shall affect Town drainage facilities, water mains, sewer lines or streets shall be subject to the approval of the Town Engineer or Code Enforcement Officer, and no surface water or stormwater shall be discharged directly into municipal facilities or drainage systems without the aforesaid approval.

§ 179-11 Penalties for offenses.

[Amended 5-21-1984 by L.L. No. 8-1984]
A. 
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.

§ 179-12 Variances.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Town Board of the Town of Tonawanda shall have the power, in passing upon the application required herein, to vary or modify any of the regulations or provisions contained herein so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.