[HISTORY: Adopted by the Town Board of the
Town of Stanford 9-13-1984 as L.L. No. 5-1984.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 87, Excavations, adopted 10-6-1983 as L.L. No. 4-1983.
The Town Board of the Town of Stanford, in order
to provide for the proper use of land in the Town and to remove dangers
caused by soil erosion, soil excavation, sand and gravel pits, rock
quarries, and thereby maintain the natural contour of the earth as
it presently exists in the Town and to avoid any detriment to the
health, welfare and safety of persons and property in the Town, has
enacted this moratorium on excavation.
As used in this chapter, the following terms
shall have the meanings indicated:
Any digging extending to a depth of more than 18 inches below
the natural contour of the land, including but not limited to soil,
sand, gravel, clay, stone and rock digging.
Includes an individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
No person shall establish a business for excavation
anywhere within the Town of Stanford for a term of one year from the
effective date of this chapter.
The lawful use of any premises for conducting
the business of excavation as existing on the effective date of this
chapter may be continued; provided, however, such nonconforming use
shall not be enlarged and the premises shall not be altered in relation
to the conducting of an excavating business unless a variance is granted
under this chapter.
Any person desiring a variance must submit two
copies of the layout or plot plan showing the actual dimensions of
the plot to be excavated, the exact size and location of the plot,
a certificate or other evidence of approval of the Department of Environmental
Conservation and any other state, county or local municipality as
required by law, and any other information as may be necessary, in
the opinion of the Planning Board, to the Planning Board for its recommendation
at a regular or special meeting set up for that purpose. After the
Planning Board has reached its final decision, it will make the recommendation
to the Town Board prior to its next regular meeting so that the Town
Board can take the necessary legal action to conduct a public hearing.
Final approval is reserved by the Town Board.
This chapter shall be enforced by a Zoning Inspector
to be appointed by the Town Board. It shall be the duty of the Zoning
Inspector to advise the Board of Appeals of all matters pertaining
to the enforcement of this chapter and to keep all records necessary
and appropriate to his office and to file them in the office of the
Town Clerk.
A.
Pursuant to the provisions of the Town Law applicable
thereto, there is hereby established a Board of Appeals having five
members to be appointed by the Town Board.
B.
The Board of Appeals, consistent with the provisions
of the Town Law applicable thereto, shall determine its own rules,
conduct and procedure.
C.
The cost of publishing notices of public hearings
upon appeals from and review of any order, requirements, decision
or determination made by the Zoning Inspector or Planning Board shall
be paid for by the applicant.
D.
The Board of Appeals shall hear, decide and review
any order, requirement, decision or determination made by the Zoning
Inspector or the recommendation made by the Planning Board.
E.
The Board of Appeals, with the approval of the Town
Board, shall have the power to vary or modify the application of any
of the regulations or provisions of this chapter relating to the use,
construction or alteration of buildings or structures or the use of
land so that the spirit of this chapter shall be observed for public
safety and welfare and that substantial justice be done.
A.
Any person violating any of the provisions of this
chapter shall be guilty of an offense and, upon conviction thereof,
be punishable by a fine not exceeding $250 or improvement for a period
not to exceed 90 days, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation after notice shall
constitute a separate, additional violation.
B.
The proper local authorities or other interested persons,
in addition to other remedies, may institute any appropriate action
or proceeding with reference to a violation of this chapter as provided
for in Section 268 of the Town Law.
This chapter shall become effective after filing
in the office of the Secretary of State, State of New York, and shall
remain in effect pending the preparation and enactment of a local
law regulating excavations within the Town of Stanford or for a period
of one year from the effective date of said chapter, whichever is
sooner.
