[HISTORY: Adopted by the Town Board of the Town of Rye 5-21-1942. Amendments noted where applicable.]
No excavation for purposes other than the construction of a
wall, building or part thereof shall be commenced except in conformity
with the provisions of this chapter.
A.
Before any excavation for purposes other than the construction of
a wall, building or part thereof, farming or public use, is commenced
and topsoil, earth, sand, gravel, rock or other substance is removed
from the ground, the owner or lessee of the premises, or agent of
either, shall obtain a written permit therefor and for that purpose
shall file with the Building Inspector of the Town of Rye an application
in duplicate for a permit containing a detailed statement of the proposed
work and a plan setting forth in detail the extent of the proposed
excavation. Such statement and plan shall state and show the exact
condition of the plot or premises before and after the proposed excavation.
B.
Each application for such permit shall be accompanied by a building
plan as drawn to scale, giving the location and dimensions of the
premises upon which it is proposed to excavate and the location of
any existing buildings; also a sworn statement in writing giving the
full name and address of the owner of the premises.
No such excavation shall be made within 10 feet of any street
line, nor unless adequate barricades are erected and maintained, and
adequate provisions made for the prevention of flying dust, and unless
the excavation is immediately refilled with clean nonburnable fill
containing no garbage, refuse, offal or any deleterious or unwholesome
matter, and dust-down or its equal is spread to prevent dust from
flying, and such premises are graded to the level of the abutting
highway; provided further, that in case of the removal of topsoil
there shall be left at least four inches of topsoil upon the surface
from which topsoil is removed and the area from which topsoil is taken
shall be immediately reseeded with rye or other fast-growing vegetation
until growth is established.
Before the issuance of a permit, the one to whom the permit
is to be issued shall execute and file with the Town Clerk a bond,
approved by the Town Board of the Town of Rye in an amount to be fixed
by said Board, but not less than $2,000 with a surety company as surety
and conditioned for the faithful performance of the conditions contained
in this chapter, the observance of all municipal ordinances and to
indemnify the Town of Rye and/or the Superintendent of Highways for
any damage to Town property.
The Building Inspector of the Town of Rye shall charge and collect
for the aforesaid permit a fee of $10 for an area not exceeding 5,000
square feet, $25 where an area exceeds 5,000 square feet, plus $1
for each additional 5,000 square feet or fraction thereof.
Such permit shall expire by limitation 30 days from the date
of its issue unless extended.
Nothing contained in this chapter shall require a person to
obtain a permit or prevent a person from removing topsoil from one
part of his 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.
Every violation of the provisions of this chapter shall be punishable
by a fine not to exceed $100 or by imprisonment for not more than
three months or by both such fine and imprisonment.
If any provision of this chapter is held invalid, the remainder
of the ordinance shall not be affected thereby.
This chapter shall take effect immediately.
