[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.]
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.
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.
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.
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.
[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.
[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.
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.
As used in this chapter, the following terms shall have the meanings
indicated:
Shall apply to all individuals operating as sole proprietors, partnerships,
firms, associations or corporations.
[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.
