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.
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.
A. 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.
B. 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.
C. 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.
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.