Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Boston 3-3-76 by L.L. No. 1-1976. Section 101-10A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

Excavation on Town property — See Ch. 53.

Flood damage prevention — See Ch. 60.

Subdivision of land — See Ch. 104.

§ 101-1
Conformity required. 

§ 101-2
Permit required. 

§ 101-3
Contents of application. 

§ 101-4
Required distance from public road or property line; grade of slope. 

§ 101-5
Restoration of site; access roadways. 

§ 101-6
Permit fee; renewal; expiration. 

§ 101-7
Excepted operations. 

§ 101-8

§ 101-9
Operations affecting drainage, water mains, sewer lines or streets. 

§ 101-10
Penalties for offenses. 

§ 101-11
Modification of provisions. 

No excavation, removal or storage of earth, sand, gravel, rock, topsoil, minerals or other similar material (excluding wood), other than the excavation, removal or storage necessary in connection with the construction of buildings, residences, structures, retaining walls, fences, private drives, parking lots, ponds, public improvements and public or private utilities, or the storage of materials by a building supply business or in conjunction with normal farming or agricultural operations, and provided that such material shall not be removed from the agricultural property, shall be commenced in the Town of Boston except in conformity with the provisions of this chapter.

Before commencing the excavation, removal or storage of any of the materials mentioned in § 101-1, the owner or lessee of such premises or tract of land shall obtain a written permit therefor, to be issued by the Town Clerk of the Town of Boston only after the approval by the Town Board of the Town of Boston, which approval shall be at the discretion of said Town Board.

The applicant shall file with the Town Clerk of the Town of Boston a signed application, in duplicate, on application forms, to be supplied by the Town, showing the following:


Location of premises and location and extent of the proposed excavation, showing lot line dimensions of the entire parcel and exact dimensions and location of the area proposed to be excavated.


Drainage systems to be installed to ensure proper surface drainage during and after completion of the work; provided, however, that where the excavation proposed shall be less than 2,500 cubic yards, then this requirement shall be waived.


A statement setting forth the amount of cubic yards of material proposed to be excavated.


Location of all existing buildings on said premises and distances from area proposed to be excavated.


The depth from existing soil conditions proposed to be excavated.


The proposed surface texture or ground cover to be installed upon completion of the excavation.


Such further detail and information as may be requested and included on application forms that may be material and necessary to evaluate the application.

No such excavation or stockpiles arising therefrom shall be made within 50 feet of the right-of-way of any public road, street, highway or public area or within 50 feet of any property line of adjoining land unless written consent of the adjoining property owner shall be first obtained and a duplicate or original copy attached to the application and unless said front line or side line limitations are waived by the Town Board. No slope shall exceed a grade of 25% upon completion of the excavation.


Surface texture or ground cover for each removal may consist of one or more of the following:


The site may be completely seeded with grass cover to prevent erosion upon the completion of the excavation; provided, however, that where practical difficulties, continuing operations or seasonal conditions prevent or impede the installation of ground cover, the installation of same may be deferred, but only upon the special approval of the Town Board and upon such special conditions as it may determine.


Any type of landscaping or site improvement which will prevent erosion may be used, subject to approval both by the Town Board and by the Town Engineer.


The surface of all excavated or disturbed areas shall have a positive slope of not less than 1% nor more than 3% to existing drainage facilities, and the surface texture of all such areas shall be of such a nature as to prevent erosion of the surface after all excavation has been performed and completed. The proposed grading and slope and the necessary auxiliary appurtenances shall provide adequate drainage to existing Town facilities as shall be approved by the Town Engineer before removal operations are commenced.


Access roadways and drives, if any, shall be watered or protectively surfaced to prevent dust and to eliminate drawing any accumulation of dirt, grit or stone onto the highway during the progress of the excavation.


The applicant shall pay a fee as shall be set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston, before any permit or renewal thereof may be issued for any application pursuant to this chapter where said application or renewal of a permit shall be for one acre or less of land to be excavated.

[Amended 1-4-1989; 10-4-2000 by L.L. No. 2-2000]


Regardless of when such permit or renewal thereof is granted, it shall expire on December 31 of the calendar year in which it is issued.


Nothing herein contained shall require a person to obtain a permit for or prevent the moving of topsoil and earth fill from one part of his premises or tract of land to another part of the same premises or tract of land when such is necessary for normal agricultural and farming operations or for regrading or improvement of said land; provided, however, that any person engaged in the development of areas known as "subdivisions" within the Town of Boston and moving topsoil to correct grades shall replace topsoil so moved to a minimum depth of four inches, compacted as existed thereon prior thereto.

Editor's Note: See Ch. 104, Subdivision of land.


Nothing herein contained shall prevent a cemetery from excavating for a grave, headstone or monument and removing or storing the surplus dirt or material resulting from such excavation.

The words "person," "owner," "lessee," "applicant" and/or "holder of a permit" as used herein shall apply to all individuals operating as sole proprietors, partnerships, firms, associations or corporations.

Notwithstanding any other provision of this chapter, any excavation made within the Town of Boston which shall affect Town drainage facilities, water mains, sewer lines or streets shall be subject to the approval of the Town Engineer and Building Inspector, and no surface water or stormwater shall be discharged directly into municipal facilities or drainage systems without the aforesaid approval.


Any person committing an offense against the provisions of this chapter shall be guilty of a violation punishable by a fine of not more than $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.


Any person who takes part in or assists in any offense against the provisions of this chapter shall also be subject to the penalties provided herein.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Town Board of the Town of Boston shall have the power, in passing upon the original application or renewals required herein, to vary or modify any of the regulations or provisions contained herein so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.