[HISTORY: Adopted by the Town Board of the Town of Greece 4-21-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
This chapter shall be known as the "Excavations and Topsoil Removal Law."
It is the purpose of this chapter to regulate the manner of construction on, removal of materials from, filling up, draining, cleaning, operating and using any lands or other premises for sand or gravel pits, stone quarries, stripping of topsoil or for other excavation purposes and prohibiting the use of any lands or other premises for the aforesaid purposes, which do not comply with this chapter.
No excavations for any purpose other than the construction of a cellar wall, building or part thereof for which a permit has been obtained from the Town Clerk or Inspector of Buildings of the Town of Greece pursuant to Chapter 114, Fire Prevention and Building Construction, shall be commenced except in conformity with the provisions of this chapter.
Before any such excavation is commenced and before any topsoil, earth, sand, gravel, rock or other substance is removed from the ground, the owner or lessee of the premises or the agent of either, duly authorized in writing for such purpose, shall obtain a permit therefor, and for that purpose shall file with the Town Clerk of the Town of Greece an application for a permit in such form as the Town Board of the Town of Greece may prescribe. Such application shall contain a detailed statement of the proposed work and a plan setting forth in detail the nature and extent of the proposed excavation. Such statement and plan shall show the exact condition of the plot or premises of land both before and after the proposed excavation. There shall be filed with such application a legal description of said premises, together with the name and address of the owner of record of such premises and the names and addresses of the holders of any mortgages thereon, together with a statement of the amount of the mortgage indebtedness remaining unpaid upon said premises. The location of buildings upon said premises shall be set forth upon the diagram accompanying said application, which shall be drawn to scale giving the location and dimensions of any and all buildings or other structures thereon. Such diagram shall further indicate any and all public or private streets or rights-of-way adjacent to, in or upon said premises. Accompanying the application there shall be presented a guaranteed tax search issued by a responsible abstract of title company showing that all taxes and assessments against said premises have been paid as of the date of such application.
No such excavation shall be made within 10 feet of any street or right-of-way line, nor in any event, unless adequate barricades are erected and maintained and adequate provisions made upon said premises for the prevention of material excavated therefrom falling upon such street or any undermining of any street or right-of-way.
Any permit issued hereunder shall be conditioned that the premises upon the conclusion of such excavation shall be filled within a period to be specified therein with clean nonburnable fill containing no garbage, refuse, offal or any deleterious or unwholesome matter and that dust-preventative or similar material shall be used to prevent the dust from flying from said premises and that said premises shall be graded to the level of the abutting highway or abutting premises, and provided further that in the case of removal of topsoil at least four inches of topsoil shall be left upon the surface from which topsoil is removed and the area from which topsoil is taken shall be immediately reseeded with permanent pasture mixture or other fast-growing surface vegetation until growth is reestablished.
The Town Clerk of the Town of Greece shall, upon the presentation of a duly verified application accompanied by the consent, in writing, of the owner, after requesting an investigation and report from the Inspector of Buildings, issue a permit upon the conditions herein prescribed, and such other or further conditions as may be imposed by the Town Board of the Town of Greece in a particular case, provided that the fees as hereinafter provided are paid and a bond as hereinafter provided is filed with and approved by the Town Board of the Town of Greece.
Fees. The applicant for such permit shall pay to the Town Clerk of the Town of Greece a fee as set forth from time to time by Town Board resolution.
Expiration. Each permit issued pursuant to the terms and conditions of this chapter shall expire by limitation three months after the date of its issue unless further extended by the Town Board of the Town of Greece.
Bond. Before the issuance of a permit the applicant and the owner of record of the premises shall make, execute and file with the Town Clerk of the Town of Greece a bond in a form to be approved by the Town Board of the Town of Greece and in an amount to be fixed by said Board, but not less than the sum established by the Town Board with a solvent surety company as surety, which said bond shall be conditioned for the faithful performance of the terms and conditions of this chapter and of the permit to be issued hereunder, and further conditioned for the observance of all municipal ordinances, and further to indemnify and save harmless the Town Board of the Town of Greece, the Town of Greece, and the Superintendent of Highways of such Town for any damage to property of the Town; and shall further be conditioned upon compliance with the terms and conditions of such permit requiring the filling and leveling off of such excavation. Such bond in the event of default shall be forfeited to the Town of Greece, and the Town of Greece shall be entitled to maintain an action thereupon. Said bond shall remain in full force and effect until a certificate of completion has been issued by the Inspector of Buildings of the Town of Greece certifying that all provisions of this chapter and the conditions of any permit issued thereunder have been fully complied with.
Nothing contained in this chapter shall be construed to prevent a person from removing topsoil from one part of his/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 improving said property, nor shall any permit be required in connection therewith.
Excavation for the purpose of constructing a cellar wall, building or part thereof or for any farm, public or private utility or public use or septic tank construction or groundwater drainage is expressly excepted from the operation of this chapter.
Any person, firm or corporation who or which violates any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than $250 or by imprisonment of not more than 15 days, or both such fine and imprisonment. The imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution for a violation of the provisions of this chapter shall not be held to prevent the enforced removal of conditions prohibited by this chapter.