This chapter shall be known as the "Topsoil
and Excavations Ordinance."
The purpose of this chapter is 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 to prohibit the use of any lands or
other premises for the aforesaid purposes which do not comply with
such regulations.
The Town Clerk of the Town of Webster, upon the presentation of a proper application prepared in accordance with the requirements of §
159-3B hereof and after receiving a favorable report from the Building Inspector of said town and upon authorization therefor by resolution of the Town Board, shall issue a permit to said applicant upon the conditions herein prescribed and such further and additional conditions as may be imposed by the Town Board of said town, provided that any bond hereinafter required be filed with said Town Clerk.
Such permit issued shall expire three months
from the date of its issue unless the date of expiration, on good
cause shown, is extended by said Town Board.
Before the issuance of any permit hereunder,
the applicant and the owner of record of said premises may be required
to execute and file with said Town Clerk of the Town of Webster a
bond to be approved as to form, manner of execution and sufficiency
of surety by said Town Board in a sum not less than $2,000 with a
solvent surety corporation as surety, which said bond shall be conditioned
for the faithful performance of the terms and conditions of this chapter
and of the conditions of the permit to be issued hereunder and for
the observance of all municipal ordinances, and further to indemnify
and save harmless said Town of Webster, the Town Board of said town
and the Superintendent of Highways of said town for any and all damage
to property of said town, and shall further be conditioned for compliance
with the terms and conditions of said permit which require the filling,
leveling off and reseeding of said excavation and said premises. In
the event of default upon the performance of said conditions or any
of them, said bond shall be forfeited to the Town of Webster, which
shall be entitled to maintain an action thereon. Said bond shall remain
in full force and effect until a certificate of completion has been
issued by the Building Inspector of said town certifying that all
the provisions of this chapter and the conditions of any permit issued
hereunder and of said bond have been punctually and fully complied
with.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, partnership or corporation who or
which violates any provision of this chapter shall be guilty of a
misdemeanor and subject to a fine of not less than $150 nor more than
$300; and in addition, any and all persons, partnerships or corporations
who or which violates any of the provisions of this chapter or omits
or refuses to perform any and every act hereby required shall respectively
forfeit and pay a penalty of $50 for each and every such violation
and nonperformance. The imposition of any such penalty for a violation
of this chapter shall not excuse such violation nor permit the continuance
thereof. The application of the above penalty or penalties or the
prosecution for a violation of the provisions hereof shall not be
held to prevent the removal of conditions prohibited by this chapter
by such legal means as may be proper.