[Amended 9-10-1973; 9-12-1994]
Before any excavation for purposes other than the construction of a wall, driveway, sidewalk, building or part thereof, farming or a public use is commenced and topsoil, earth, sand, gravel, rock or other substance is removed from the ground, the owner, lessee or agent of the premises shall obtain a written permit therefor from the Town Board, except that where operations are being carried on at the time this Article becomes effective, a period of 30 days shall be allowed for obtaining a permit before operations continue. However, all such excavations shall be subject to all provisions of this Article from the date of its adoption. For that purpose, each applicant shall file with the Town Clerk of the Town of West Seneca, New York, a verified application for such permit, containing a detailed statement of the proposed work, together with a plan prepared by a duly licensed engineer or land surveyor of the State of New York, setting forth in detail the following information:
A. All information as required on the application form prepared by the Town Board, including a detailed statement of the proposed work and a three-dimensional sketch of the proposed excavation and exact condition of the plot or premises before the work is commenced and proposed condition of said plot or premises after the work is completed.
(1) The plan shall be drawn to a scale of not less than one inch equals 100 feet and set forth all streets adjoining the property, the location and dimensions of the premises upon which it is proposed to excavate, the location, size and use of any buildings, cross section of the property, giving elevations thereof at intervals of fifty-foot squares and also at each break in the grades, and the elevation of the premises as compared to the elevation of any abutting highways.
(2) For areas where only topsoil is to be removed, the plan shall show the provisions that have been made for draining or otherwise preventing the collection of water on any portion of said plot which is not restored to original grade.
(3) The owner is to provide an environmental study addressing air pollution, noise pollution, visible site pollution and results in safety to local residents.
B. A duly acknowledged consent in writing of the owner or lessee of the premises and mortgagee, if any, including his or their addresses.
C. Receipted tax bills or a certificate from the Receiver of Taxes of the Town of West Seneca and the County Treasurer of Erie County, showing payment of all taxes and assessments to date against the property described in the application.
D. A certificate signed by the Superintendent of Highways and the Town Engineer of the Town of West Seneca that such proposed excavation and the finished grades of said property as shown on said map will not interfere with the drainage of or endanger any road, street or highway of the State of New York, the County of Erie or in the Town of West Seneca or other property of said state, county or town.