The Town Board of the Town of Niskayuna hereby finds that the uncontrolled
and unregulated disturbance, excavation, filling and removal of soil has resulted
and will result in conditions detrimental to the public safety, health and
general welfare, deterring substantially the efforts of the Town to promote
and effectuate the general purposes of municipal planning.
As used in this chapter, the following terms shall have the meanings
indicated:
DISTURBANCE
To dig, move, excavate, remove, deposit, fill, grade, replace, level
or otherwise alter or change the location or contour of the land or to transport
or supply soil.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard
to the presence or absence of organic matter.
No soil disturbance permit shall be reviewed until the fees, as established
by resolution of the Town Board, shall be paid by the applicant to the Town
and the bond requirements have been met. In the event that the application
is denied or withdrawn for any reason, 50% of the fee shall be returned to
the applicant.
Before the permit is issued, the applicant shall file with the Town
Clerk a bond executed by the applicant as principal and by a surety company
licensed to do business in the State of New York as surety.
A. The amount of the bond shall be for the total cost of
the work to be performed.
B. The bond shall be conditioned as follows:
(1) That the permittee will complete the work authorized
by the permit in conformity with the terms of the permit and the provisions
of this chapter on or before the date of completion set forth in the application.
(2) That the applicant will repair any public street, structure
or land which may be damaged as a result of the work authorized by the permit.
Soil disturbance conducted under a permit issued under this chapter
shall be in accordance with the following regulations:
A. Operations shall be conducted so that there shall be
no sharp declivities, pits or depressions.
B. Land shall be graded so as to conform to the contour
lines and grades approved and shall be cleared of debris.
C. The top layer of soil to a depth of six inches shall
not be removed from the premises but shall be set aside and respread over
the premises when the remainder of the soil has been removed.
D. All of the work described in this chapter shall be performed
between the hours of 8:00 a.m. and 8:00 p.m. on any working day.
E. Adequate measures shall be taken to prevent erosion or
the depositing of soil or surface runoff upon surrounding lands.
Nothing in this chapter shall be construed as to prevent the Town from
taking injunctive proceedings to restrain removal of topsoil as described
in this chapter.