[HISTORY: Adopted by the Town Board of the Town of Evans 4-5-1989
by L.L. No. 3-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 64.
Building construction — See Ch. 70.
Environmental quality review — See Ch. 98.
Excavations — See Ch. 101.
Fees — See Ch. 106.
Public improvements — See Ch. 151.
Streams and watercourses — See Ch. 172.
Subdivision of land — See Ch. 178.
Zoning — See Ch. 200.
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.Â
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.Â
Public improvement projects or activities undertaken
by public bodies as defined in the General Construction Law of the State of
New York.
A.Â
No permit required by this chapter shall be issued except
upon submission of evidence satisfactory to the Building Inspector and upon
his finding and determination that the proposed excavation, topsoil removal
or topographical alteration will not cause erosion or otherwise disturb or
adversely affect natural drainage, streams, creeks or other bodies, sources
or supplies of water, whether surface or ground, adjacent or nearby property
or adjacent or nearby fauna, flora or other vegetation.
B.Â
The minimum information which the Building Inspector
may require with the application shall include, but not be limited to, a sketch
or drawing in a form satisfactory to the Building Inspector showing existing
and proposed topography and drainage patterns, amount and type of material
to be removed from the site, proposed excavation areas and depth and composition
of topsoil to be removed, type of vegetation to be used for restoration and
such other information as may be required by the Building Inspector.
C.Â
The application shall be made on forms prescribed by
the Building Inspector and shall be processed upon payment of such fee(s)
as shall, from time to time, be established by resolution of the Town Board.
D.Â
The Building Inspector may, at his option, refer all
or part of such application to the Town Engineer for review and recommendation,
and the application fee(s) may include the reasonable cost of such review
by the Town Engineer.
E.Â
Within 30 days of receiving a completed application,
the Building Inspector shall notify the applicant that:
(1)Â
The permit is granted.
(2)Â
The permit is granted with conditions that shall be specified
in the notice. The Building Inspector may require the applicant to provide
a performance bond in order to ensure compliance with the provisions of such
permit.
(3)Â
The permit is denied, specifying the basis for the denial.
(4)Â
Additional information is required in order to make a
determination, specifying the additional information required and stating
that a determination shall be made within 12 days of submission of such information
to the Building Inspector.
A.Â
Final decisions of the Building Inspector pursuant to this chapter shall be reviewable by the Board of Appeals upon proper application as provided in Chapter 200, Zoning. Such application for review must be made not later than 30 days following the applicant's receipt of the notice of final decision from the Building Inspector.
B.Â
The final decision of the Building Inspector shall not
be reversed unless the Board of Appeals shall make a finding, after its hearing,
that such final decision was arbitrary and capricious.
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.