No excavation, removal or storage of earth,
sand, gravel, rock, topsoil or other similar material (excluding wood),
other than the excavation, removal or storage necessary in connection
with the construction of buildings, structures, retaining walls, fences,
private drives, parking lots, public improvements and public or private
utilities, shall be commenced in the Town of Tonawanda, except in
conformity with the provisions of this chapter.
Before commencing the excavation, removal or storage of any of the materials mentioned in §
179-1, the owner or lessee of such premises or tract of land shall obtain a written permit therefor, to be issued by the Town Clerk of the Town of Tonawanda, subject to the approval of the Town Board in its discretion.
No such excavation or stockpiles arising therefrom
shall be made within 50 feet of the right-of-way of any public road,
street, highway or public area or within 50 feet of any property line
of adjoining land unless written consent of the adjoining property
owner shall be first obtained and a duplicate or original copy attached
to the application.
[Amended 2-10-2003]
Before the issuance of a permit, the applicant
or the record owner of the premises or tract of land shall deliver
to the Town Clerk a bond in the minimum amount of $10,000 executed
by a surety corporation authorized to do business in the State of
New York. Such bond shall be increased in amount by a sum equal to
$2,000 for each acre or fractional part thereof covered by the permit.
The bond must be approved by the Town Board and shall guarantee faithful
performance of the work in accordance with this chapter and all ordinances
of the Town of Tonawanda and the plans and specifications filed within
the application for the permit.
As used in this chapter, the following terms
shall have the meanings indicated:
[Amended 3-26-2007 by L.L. No. 2-2007]
Notwithstanding any other provision of this
chapter, any excavation made within the Town of Tonawanda which shall
affect Town drainage facilities, water mains, sewer lines or streets
shall be subject to the approval of the Town Engineer or Code Enforcement
Officer, and no surface water or stormwater shall be discharged directly
into municipal facilities or drainage systems without the aforesaid
approval.
[Amended 5-21-1984 by L.L. No. 8-1984]
A. Any violation by a person, firm or corporation of
any provision of this chapter shall be deemed a violation punishable
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.
B. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter,
the Town Board of the Town of Tonawanda shall have the power, in passing
upon the application required herein, to vary or modify any of the
regulations or provisions contained herein so that the spirit of the
chapter shall be observed, public safety and welfare secured and substantial
justice done.