This chapter shall be known as the "Town of Wheatland Excavation Law."
A. 
It is hereby declared to be the policy of the Town Board of the Town of Wheatland to provide for the proper use of land and to deny permission for all manner of excavations which, in the opinion of the Town Board, will create pits, holes or hollows or any manner of excavation which may leave the ground in a hazardous or dangerous state or which may cause soil erosion depleting the land of its natural vegetative cover and supply of organic materials or which may render the land unproductive or unsuitable for agricultural purposes or undesirable for development purposes or that will destroy the aesthetic and natural environment of the area and/or surrounding area.
B. 
By this chapter, the Town of Wheatland also seeks to remove danger to health and life caused by deep excavations, to prevent the stripping of topsoil without providing for the restoration thereof and to promote the safety, health and general welfare of the people of the Town by regulating the manner of construction on, removal of materials from, filling up, draining, cleaning, operating and using lands or other premises for sand or gravel pits, stone quarries or for other excavation purposes and prohibiting the use of any lands or other premises for the aforesaid purposes which do not comply with these regulations.
C. 
The applicant, his agent or the owner of said land shall submit to the Town of Wheatland or its duly authorized representative, for approval, a plan of erosion and sediment controls, public safety, sequential use and aesthetic improvement unless there has been prior determination by the Town of Wheatland or its duly authorized representative that such plans are not necessary. Such plans shall contain adequate measures for control of erosion, siltation, public safety, aesthetics and sequential uses where necessary. The applicant must submit three copies of the proposed development and his proposed measures for review by the Town of Wheatland or its duly authorized representative. Proposed measures must meet the approval of the Monroe County Soil and Water Conservation District, and the Town of Wheatland will condition its approval upon execution by the applicant of proposed measures.
D. 
Enforcement of this chapter shall be the responsibility of the Building Inspector for the Town of Wheatland or a duly authorized representative.
A. 
Excavations for sand bank, sand pit, gravel bank removal, gravel pit, rock or stone pit, topsoil removal, soil or earth removal, topsoil stripping, turf removal and other substances removed from the ground shall not be commenced or extended except in conformity with this chapter.
B. 
Excavations for the construction of a wall, driveway, sidewalk, building or part of a building, farm pond, wildlife marsh or other types of on-the-farm conservation practices are excepted from the requirements of this chapter.[1]
[1]
Editor's Note: See, however, Ch. 72, Freshwater Wetlands.
C. 
Nothing contained in this chapter shall require any person engaged in farming operations to obtain a permit for the purpose of moving topsoil, soil or earth from one location on his land to another location on the same land for grading, improving or draining of said land, provided that such removal is necessary for or accessory to the farming operations.