This chapter shall be known as the "Town of Evans Topsoil and Drainage
Protection Local Law."
The purpose of this chapter is to promote the public health, safety
and general welfare, to protect and preserve the natural beauty and value
of property and to minimize public and private losses by regulating the removal,
excavation or stripping of topsoil and alterations to topography within the
Town of Evans.
No person shall excavate, remove topsoil (including beach sand) or permanently alter topography for any purpose, other than the construction of a permitted building or structure or part thereof or an appurtenant driveway or walk, without a permit therefor issued by the Building Inspector. No permit shall be issued for the construction of a building or structure for which excavation, topsoil removal or topographic alteration is required until a permit shall have been issued as authorized by this section. Notwithstanding anything to the contrary stated herein, no permit shall be required for the activities specified in §
186-5 hereof.
The following activities and uses shall be exempt from the application
of this chapter:
A. Removal or alteration of topsoil or fill incidental to
on-site gardening, farming and/or landscaping activities; provided, however
that such activities do not result in adverse drainage onto or erosion of
neighboring property.
B. Public improvement projects or activities undertaken
by public bodies as defined in the General Construction Law of the State of
New York.
The Building Inspector is hereby authorized to issue a notice of violation
and/or a stop-work order to any person engaging in any activity in violation
of this chapter or in violation of any permit issued pursuant to this chapter.
Additionally, police officers are authorized to issue appearance tickets in
cases involving removal of beach sand in violation of this chapter. Such order
or appearance ticket, as the case may be, shall describe the activity or activities
constituting such violation(s) and the penalties thereof and may prohibit
all such activities pending review and determination by a court of appropriate
jurisdiction.
[Amended 12-15-1993 by L.L. No. 13-1993]
Any person who violates any provision of this chapter is guilty of an
offense punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed 15 days, or both. Each week's continued violation shall
constitute a separate violation.