[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.]
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:
A.
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.
B.
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.
C.
A statement setting forth the amount of cubic yards of
material proposed to be excavated.
D.
Location of all existing buildings on said premises and
distances from area proposed to be excavated.
E.
The depth from existing soil conditions proposed to be
excavated.
F.
The proposed surface texture or ground cover to be installed
upon completion of the excavation.
G.
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.
A.
Surface texture or ground cover for each removal may
consist of one or more of the following:
(1)
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.
(2)
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.
B.
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.
C.
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.
A.
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]
B.
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.
A.
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.[1]
B.
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.
A.
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.[1]
B.
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.
