Town of Eden, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Eden 12-14-1960. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 114.
Public improvement — See Ch. 158.
Streets and sidewalks — See Ch. 179, Art. II.
Swimming pools — See Ch. 188.
It is hereby declared to be the policy of the Town Board to provide for the proper use of land to prevent all manner of excavations which create pits, holes or hollows in the earth, leaving it in a hazardous or dangerous state, or cause soil erosion which depletes the land of its natural vegetative cover and supply of organic material, rendering such land unproductive and unsuitable for agricultural purposes and undesirable for building homes, resulting in lower land values. By this chapter the Town Board seeks to remove the danger to health and life caused by deep excavations remaining in the ground and the stripping of topsoil, thereby resulting in damage to agricultural crops through dust storms in dry weather by exposure of the bare earth to wind action and in wet periods by pools of water, which chapter will promote the safety, health and general welfare of the people of the town.
A. 
No excavation for purposes other than the construction of a well, swimming pool, driveway, sidewalk, building or part thereof, or as permitted by § 103-8 of this chapter, shall be commenced except in conformity with the provisions of this chapter.
B. 
Excavation for farm ponds where the soil and stone excavated remain on the owner's premises shall be allowed pursuant to a permit issued by the Town Clerk at no fee, provided that the provisions of this chapter with regard to fencing, where in the judgment of the Town Board fences are required, shall apply.
Before any excavation for purposes other than the construction of a well, driveway, sidewalk, swimming pool, farm pond, building or part thereof, farming or a public use is commenced and topsoil, earth, sand, gravel, rock or other substance is removed from the ground, the owner, lessee or agent of the premises shall obtain a written permit therefor from the Town Board, except that where operations are being carried on at the time this chapter becomes effective, a period of 30 days shall be allowed for obtaining a permit while operations continue. However, all such excavations shall be subject to all provisions of this chapter from the date of its adoption. For that purpose, each applicant shall file with the Town Clerk of the Town of Eden, New York, a verified application for such permit, containing a statement of the proposed work, setting forth the following information:
A. 
All information as required on the application form prepared by the Town Board.
B. 
A plan drawn to a scale of not less than one inch equals 100 feet, giving all streets adjoining the property; the location and dimensions of the premises upon which it is proposed to excavate; location, size and use of any buildings; and cross section of the property, giving the elevation of the premises as compared to the elevation of any abutting highways.
C. 
For areas where only topsoil is to be removed, the plan shall show the provisions that have been made for draining or otherwise preventing the collection of water on any portion of said plot which is not restored to original grade.
D. 
Receipted tax bills or a certificate from the Receiver of Taxes of the Town of Eden and the County Treasurer of Erie County showing payment of all taxes and assessments to date against the property described in the application.
E. 
A certificate of the Superintendent of Highways of the Town of Eden that such proposed excavation and the finished grades of said property as shown on said map will not interfere with the drainage of or endanger any road, street or highway of the State of New York, the County of Erie or in the Town of Eden, or other property of said state, county or town.
A. 
No such excavation shall be made:
(1) 
Within 20 feet of any property line.
(2) 
Within 100 feet of the edge of any highway right-of-way line.
B. 
Said excavations shall be leveled on the bottom by refilling or grading, if necessary, all sides being left with a slope from top to bottom of 1 1/2 feet horizontal for each one foot of drop, except that:
(1) 
Where the material being removed is rock, in lieu of sloping all sides of the excavation as hereinbefore provided, a permanent fence or barricade designed to effectively prohibit access to the excavation may be erected on all sides bordering streets, highways and neighboring properties, and at the conclusion of operations a permanent fence or barricade must be erected and maintained on all sides of such excavation.
(2) 
Where the pit or excavation is below the water level, leaving an artificial lake or pond or an accumulation of water in excess of two feet in depth, a permanent fence or barricade must be erected and maintained on all sides of such lake, pond or accumulation.
No stripping or removal of topsoil shall be made within 20 feet of any property line and, upon completion of the work, the premises, if below grade, shall be graded to the level of the abutting highway or the original grade if the same were below the level of the highway. Dust-down or its equal shall be spread to prevent dust from flying, and there shall be left upon the surface of the land from which topsoil is removed not less than 12 inches of soil. All areas from which topsoil is removed shall, during the period between April 1 and May 15 or August 15 and October 1, be prepared into a loose, level seedbed, limed, fertilized and seeded in the following steps:
A. 
An adequate seedbed must be prepared.
B. 
The minimum required amount of lime as determined by a current soil test must be applied in advance of seeding.
C. 
Apply at least 250 pounds of 8-16-8 fertilizer or its equivalent per acre.
D. 
Seed the land to one of the following mixtures:
Legumes and Grasses
Rate Per Acre
(pounds)
(1)
Birdsfoot Trefoil
6
and
Timothy
6
(2)
Alfalfa - Narragansett, Vernal
6
or Ranger and Birdsfoot Trefoil - Viking,
4
Mansfield or European and Timothy - Climax, Essex or Common
6
(3)
Alfalfa - Narragansett, Vernal
8
or Ranger and Timothy - Climax, Essex or Common
6
or
Smooth Bromegrass
8
The Town Clerk, when authorized to do so by the Town Board, shall issue permits and shall charge and collect a fee as set forth in the Standard Schedule of Fees on file in the town offices for each permit.
Such permits shall expire by limitation at the end of the calendar year in which issued. No permit or permits shall be granted for removal of more than four acres of topsoil from any one tract of land until full compliance with this chapter is made under any existing permit for the same tract, except for the preparation of the ground and seeding as provided in § 103-5 hereof.
Nothing contained in this chapter shall require a person to obtain a permit for or prevent a person from removing topsoil from one part of his or her lands to another part of the same premises when such removal is necessary as an accessory use or is made for the purpose of farming or improving said property.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist and the lessee or tenant of the premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of the premises in which part of said violation has been committed or shall exist and the general agent, architect, engineer, surveyor, building contractor or any other person who knows, maintains, permits, takes part or assists in any such violation or who maintains any premises in which any such violation shall exist shall be guilty of a violation, punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each week's continued violation shall constitute a separate additional violation. Such fines or penalties shall be collected as like fines are now by law collected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Town Board shall have power to vary and modify the application of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.