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.
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.
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.
[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.
As used in this chapter, the following terms shall have the meanings
indicated:
[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.
[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.
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.