[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.
A.
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.
B.
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.
C.
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.
D.
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.
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.
A.
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.
B.
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.
