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.
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.
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.