[Adopted 8-13-1979 by L.L. No. 13-1979]
The purpose of this article is to assure the residents of the Town of Hamburg that the topsoil located on their property is as adequate after construction as it was before construction started on any site, including utility, commercial and residential.
Before topsoil is removed from any site, including utility, commercial and residential, it is to be determined by the Town Engineer and Building Inspector if sufficient topsoil is available on the job site to complete the construction as per the subdivision rules and site plan rules of the Town of Hamburg.
The permit will be obtained from the Building Inspector, and the fee will be paid to the Town Clerk of the Town of Hamburg. The unit fee shall be set by the Town Board, and the fee shall be the unit fee multiplied by the number of cubic yards of topsoil which is permitted to be removed from the site.
Any violation of this article shall be deemed an offense and, upon conviction thereof, shall be subject to a fine not to exceed $500 for each and every offense.
If any provision of this article shall be judged invalid, such adjudication shall apply only to such provision of the law so adjudged to be invalid, and the rest of the local law shall be made valid and effective.
This article shall take effect immediately upon filing with the Secretary of State and the Department of Audit and Control.