It is hereby declared to be the policy of the Town Board of the Town
of Rush 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 the operation and use of any lands or premises for
any of the aforesaid purposes so as to provide for health and general welfare
of the people of the Town of Rush and prohibiting the use of any lands or
other premises for the aforesaid purposes which do not comply with such regulations.
No excavation for purposes other than for the construction of a building
or of a structure for which a permit has been issued or the location of public
utilities, pipes and mains, grading for subdivisions or for the construction
of a driveway, sidewalk or ponds pursuant to the Conservation Law or similar
facility shall be commenced or continued except in conformity with the provision
of this chapter, except that nothing in this chapter shall require a person
to obtain a permit for or prevent a person from removing topsoil, or other
earth products, from one part of his premises to another part of the same
premises when such removal is necessary as an accessory use or is made for
the purposes of farming or improving said property.
Before any excavation is commenced for any purpose, other than those excepted in §
51-2 of this chapter, and topsoil, earth, sand, gravel, stone or other earth product is removed from the ground, the owner, agent of the owner, or lessee of the premises shall obtain a permit therefor from the Town Board.
A. In all cases, the application for each permit shall be
in duplicate in writing and signed by the owner or occupant of the premises.
(1) It shall state:
(a) The name and address of the applicant;
(b) The name and address of each owner of the premises;
(c) A description of the premises sufficient to readily identify
the same together with a statement as to the condition of the surface of the
land at the expiration of the permit;
(d) A statement of each mortgage or other lien upon the premises
together with the name and address of the holder of each mortgage or other
lien upon the premises;
(e) A certification of the County Finance Officer showing payment
of all taxes and assessments to date for the property as described in the
application;
(f) A statement setting forth the nature of the proposed excavation
and whether it is proposed to remove sand, gravel, stone, minerals or topsoil
from the premises and if so, the approximate area from which it is proposed
to remove such materials.
(2) Each application shall be accompanied by a statement
in writing signed by each owner of the premises other than those signing the
application and also by the holder of each mortgage or other lien upon the
premises consenting that the proposed excavation be made and the materials
removed from the premises.
B. The Town Board may request, in addition to the requirements set forth in §
51-3A, any or all of the following information:
(1) A three-dimensional extent of the proposed excavation
and the condition of the surface of the land of the premises before work is
commenced and the proposed condition of the surface of the land of the premises
after the work is commenced;
(2) A plan drawn to scale and showing the location of streets
or roads adjoining the premises; the names of adjacent property owners; the
location of the premises and dimensions of that portion of the premises upon
which the excavation is to be made; the location, size and use of any existing
or proposed structures; cross sections of the property at intervals of 50
feet showing existing elevations at intervals of 50 feet and also any break
in grade; and the elevation of the premises as compared to the elevation of
any abutting streets or roads.
(a) This plan shall show the elevation of the floor of the
excavation at the time of the expiration of the permit for which the application
is presented.
(b) The elevations and dimensions shown on the plan shall
be referenced to at least two permanent monuments, established as the Town
Board may require.
C. In order that the Town of Rush be in an assured position
to enforce the provisions of this chapter, and have the completed excavation
meet the provisions of this chapter and other applicable ordinances of the
Town of Rush, there shall be filed with the Town Clerk, an easement giving
the Town of Rush the right to have officers or employees of the Town enter
on the premises to enforce the provisions of this chapter and require such
work to be done as may be necessary to meet the conditions of the permit.
D. Excavators and operators shall give notice to the underground
facility operators of their intent to excavate. The central registry of operators
of underground facilities is available at the Town Hall.
Before the issuance of any permit, the applicant shall pay at the time
of the submission of the application a fee of $5 for a permit covering an
area of not exceeding 15,000 square feet and a fee of $10 for an area exceeding
15,000 square feet; provided, however, should the applicant desire a permit
to conduct blasting operations in connection with the proposed excavation,
the fee for the issuance of the permit shall be not more than $100.
The issuance of a permit pursuant to this chapter shall not be determined
to waive compliance by the holder thereof or by the property owner with any
statute of the State of New York or any ordinance of the Town of Rush.
Violations of the provisions of this chapter shall be punishable by
a fine not to exceed $250 or by imprisonment not exceeding 15 days, or both.