[Adopted 9-17-1956 (Ch. 18, Art. II, of the 1966 Codification)]
Upon direction of the Town Board, the Building
Inspector of the Town of Lancaster is hereby authorized and through
the facilities and with the assistance of the Town Highway Department
under the supervision of the Town Superintendent of Highways, is directed
to fill in excavated lands and property if, after a hearing, the existence
of such lands and property are deemed by the Town Board to constitute
a hazard to public safety, and after giving 30 days' notice by registered
mail addressed to the owner of record of such lands and property at
the address shown on the last proceeding assessment roll, such excavated
lands and property are not filled in by or on behalf of such owner.
The costs thereof shall be assessed against such lands and property
in accordance with the provisions of § 157 of the Highway
Law.
This article shall apply whether such excavations
are for recreational, conservation or other purposes but the excavations
for ponds, land drainage, diversions or other conservation measures
which are installed in accordance with a written plan of conservation
operations in an agreement with the Erie County Soil Conservation
District are exempt from the provisions of this article, provided
that no part of said excavations is within 250 feet of the road or
highway right-of-way or within 250 feet of the adjoining or contiguous
property of another.
This article shall take effect 10 days after
its publication and posting as finally adopted, or sooner under the
appropriate procedure prescribed by § 133 of the Town Law
of the State of New York.
