[Amended 2-16-1977 by L.L. No. 2-1977]
As used in this chapter, the following terms shall have the meanings
indicated:
WATERCOURSE
Every spring, pond, stream, marsh, creek, brook or brooklet, roadside
ditch or channel of any kind, the waters of which flow or may flow into Lake
Erie. All waters in the Town of Evans presumptively flow into Lake Erie. The
presumption is irrefutably.
No person, firm or corporation may fill, divert or change or permit
the filling, diversion or change of any stream or watercourse within that
portion of the Town of Evans outside the limits of the Village of Angola without
having obtained a permit therefor from the Town Clerk of the Town of Evans,
except when such action is authorized by a state or federal agency.
All applicants for a permit to fill, divert or change a stream or watercourse
shall present, with their application, plans and specifications for the proposed
filling, diversion or change. The Town Superintendent of Highways or the consulting
engineer shall review the proposed plans and specifications and may consult
with the Planning Board of the Town of Evans with respect thereto in his discretion.
Upon approval of the application by the Town Superintendent of Highways or
the consulting engineer and the Town Board, the Town Clerk shall issue a permit
authorizing the proposed filling, diversion or change. All work shall be inspected
by the Office of the Town Engineer or Town Superintendent of Highways.
[Amended 12-15-1993 by L.L. No. 13-1993]
Prior to the issuance of a permit for permission to fill or divert a stream or watercourse, all applicants shall pay to the Town Clerk a fee as set by resolution of the Town Board and as set forth in Chapter
106, Fees.
The Town Superintendent of Highways, or the consulting engineer, in
his discretion, shall recommend to the Town Board denial of a permit if he
determines that the proposed filling or diversion is detrimental to the drainage
or welfare of the Town of Evans.
[Amended 12-15-1993 by L.L. No. 13-1993]
Any person, firm or corporation who or which shall violate any of the
provisions of this chapter shall be guilty of a violation and shall be subject
to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both.