B.
Topsoil removal excavation shall be limited to not more
than four acres at one time from any one tract of land until full compliance
with this chapter is obtained under any existing permit for the same tract.
C.
A permit to strip or remove topsoil shall require the
licensee to leave at least four inches of topsoil upon the surface of the
land.
D.
Dust-down, or its equivalent, shall be used and spread
to prevent dust.
E.
No permit to strip or remove topsoil shall be granted
for any land which is subject to flooding or which will adversely affect the
drainage of any adjacent lands.
F.
No permit to strip or remove topsoil shall be granted
for any land, which, after such stripping or removal, will leave hollows or
basins for the accumulation of water.
G.
Topsoil, soil, subsoil and earth may be stripped and
removed from land if such land is to be completely paved or built upon, but
the permit therefor shall comply with all other applicable parts of this chapter.
H.
Hill, mound or elevated surface earth and subsoil excavation when removed from the premises shall be subject to the provisions of this chapter and the requirements set forth in this subsection. The surface topsoil or earth for a minimum depth of six inches shall be stripped from the area to be excavated and piled on the premises. The excavation of earth and subsoil operation shall be limited in depth to an established final elevation equal to the average surrounding area elevation within a perimeter of 200 feet of the excavation operation unless otherwise approved by the Town Board. The excavation operation shall not adversely affect the surrounding properties. After the earth and subsoil excavation operation is complete, the piled surface topsoil or earth shall be restored to the area from which removed and be prepared as set forth in § 70-10N of this chapter.
[Amended 8-11-1994 by L.L. No. 4-1994]
A.
Upon certification by the Zoning Enforcement Officer,
the Town Clerk shall charge and collect, pursuant to this article, with the
Town Board's approval, fees as provided by resolution of the Town Board for
the removal of any area not exceeding an acre and for the removal of each
additional acre.
B.
The Town Clerk, upon certification by the Zoning Enforcement Officer, shall charge and collect, upon the issuance of a permit to remove a hill, mound or other elevation pursuant to § 70-13H, fees as provided by resolution of the Town Board for the removal of any area not exceeding 1,000 cubic yards. For any amount in excess of 1,000 cubic yards proposed to be removed, an additional fee in the amount as provided by resolution of the Town Board for each additional cubic yard or fraction thereof shall be paid.
A bond or cash deposit shall be posted with the Town as required by § 70-6 of this chapter, which bond or cash deposit, to be determined by the Town Board, shall be no less than $2,000 for each excavation or removal.
