[Adopted 11-30-1983 by L.L. No. 3-1983]
As used in this article, the following terms shall have the meanings indicated:
EXCAVATION
The removal of sand, gravel, soil or other natural deposits by stripping, digging or other means.
OVERBURDEN
Soil and all other natural material other than vegetation overlying material to be excavated.
POND
A confined body of fresh water.
A. 
No material resulting from any excavation for the purpose of constructing a pond shall be sold or offered for sale except as hereinafter provided in this subsection:
(1) 
Material resulting from any excavation for the purpose of constructing a pond may be sold for use on a public works project in the Town of Sweden contracted for and by the state, county or Town.
(2) 
The pond to be excavated shall be on property currently used for agricultural, commercial or recreational purposes which will be enhanced, improved and made more efficient, and the pond or excavation will ensure a better water supply or drainage flow.
(3) 
An applicant for sale of the material resulting from the excavation of a pond shall make application to the Town Board of the Town of Sweden for a permit to remove excavated material. Said application shall be in writing; shall be signed by the applicant; shall indicate the proposed method of disposal, including the location to which the material is to be moved and the public works improvement project for which the material will be used, including the completion date of the project; shall state the amount of the material to be removed; and shall be accompanied by an application fee as determined from time to time by resolution of the Town Board and set forth in the Fee Schedule of the Town of Sweden.
(4) 
The permit issued under this subsection shall expire upon the completion date of the public works project where the material is being used or as determined by the Town Board.
B. 
All topsoil, overburden, stones, sand, gravel or other materials removed from any excavation for the purpose of the construction of a pond shall be disposed of upon the parcel, plot or lot upon which said pond is constructed, except as hereinafter provided in this subsection:
(1) 
When any person shall not be able to comply with the requirements of this subsection, he may make application to the Town Board of the Town of Sweden for a permit to remove excavated material. Said application shall be in writing; shall be signed by the applicant; shall state the reasons why the applicant cannot reasonably comply with the requirements of this subsection; shall indicate the proposed method of disposal, including the location to which the material is to be moved; shall state the amount of material to be removed; and shall be accompanied by an application fee as determined from time to time by resolution of the Town Board and set forth in the Fee Schedule of the Town of Sweden.
[Amended 8-22-2006 by L.L. No. 3-2006]
A violation of this article shall be punishable by a fine not in excess of $250 or imprisonment for not more than 15 days, or both. Each day's continued operation in violation of the restrictions contained herein shall constitute a separate offense.