Town of Chili, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Chili 5-28-1958 (Ch. 54 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Design criteria and construction standards — See Ch. 223.
Stormwater management — See Ch. 433.
Subdivision of land — See Ch. 439.
Zoning — See Ch. 500.

§ 263-1 Purpose.

It is the purpose of this chapter to regulate the manner of construction on, removal of materials from, filling up, draining, cleaning, operating and using any lands or other premises for sand or gravel pits, stone quarries, stripping of topsoil or for other excavation purposes and prohibiting the use of any lands or other premises for the aforesaid purposes which do not comply with this chapter.

§ 263-2 Compliance required.

[Amended 12-3-2008 by L.L. No. 4-2008]
No excavations for any purpose other than the construction of a cellar wall, building or part thereof for which a permit has been obtained from the Director of Planning, head of the Building Department or similar officer or his designee, or Code Enforcement Officer of the Town of Chili, pursuant to the ordinance relating to buildings of such Town, shall be commenced except in conformity with the provisions of this chapter.

§ 263-3 Permit required; application; diagram; tax search.

A. 
Before any such excavation is commenced and before any topsoil, earth, sand, gravel, rock or other substance is removed from the ground, the owner or lessee of the premises or the agent of either, duly authorized in writing for such purpose, shall obtain a permit therefor, and for that purpose shall file with the Building Department of the Town of Chili an application for a permit in such form as the Town Board of the Town of Chili may prescribe. Such application shall contain a detailed statement of the proposed work and a plan setting forth in detail the nature and extent of the proposed excavation. Such statement and plan shall show the exact condition of the plot or premises of land both before and after the proposed excavation.
[Amended 12-3-2008 by L.L. No. 4-2008]
B. 
There shall be filed with such application a legal description of said premises, together with the name and address of the owner of record of such premises.
C. 
The location of buildings upon said premises shall be set forth upon the diagrams accompanying said application, which shall be drawn to scale giving the location and dimensions of any and all buildings or other structures thereon. Such diagram shall further indicate any and all public or private streets or rights-of-way adjacent to, in or upon said premises.
D. 
Accompanying the application there shall be presented a guaranteed tax search issued by a responsible abstract or title company showing that all taxes and assessments against said premises have been paid as of the date of such application.

§ 263-4 Excavation location restrictions; barricades required.

No such excavation shall be made within 20 feet of any street or right-of-way line, nor in any event, unless adequate barricades are erected and maintained and adequate provisions made upon said premises for the prevention of material excavated therefrom from falling upon such street or any undermining of any street or right-of-way.

§ 263-5 Conditions of permit.

Any permit issued hereunder shall be conditioned that the premises, upon the conclusion of such excavation, shall be filled within a period to be specified therein with clean nonburnable fill containing no garbage, refuse, offal or any deleterious or unwholesome matter, and that dust preventative or similar material shall be used to prevent the dust from flying from said premises, and that said premises shall be graded to the level of the abutting highway or abutting premises, provided that, in the case of removal of topsoil, at least four inches of topsoil shall be left upon the surface from which topsoil is removed, and the area from which topsoil is taken shall be immediately reseeded with permanent pasture mixture or other fast-growing surface vegetation until growth is reestablished.

§ 263-6 Issuance of permit.

[Amended 12-3-2008 by L.L. No. 4-2008]
The Director of Planning, head of the Building Department or similar officer or his designee, or Code Enforcement Officer of the Town of Chili, upon submission and approval of a complete application, shall issue a permit upon the conditions as herein prescribed and such other or further conditions as may be imposed by the Town Board of the Town of Chili in a particular case, provided that the fees as hereinafter provided are paid and a letter of credit, if required by the Town as hereinafter provided, is filed with and approved by the Town Board of the Town of Chili.

§ 263-7 Fees.

[Amended 12-3-2008 by L.L. No. 4-2008]
The applicant for such permit shall pay to the Town Clerk of the Town of Chili a fee for such permit as set by Town Board resolution.

§ 263-8 Expiration of permit.

[Amended 12-3-2008 by L.L. No. 4-2008]
Each permit issued pursuant to the terms and conditions of this chapter shall expire three months after the date of its issue unless further extended by the Building Department of the Town of Chili.

§ 263-9 Letter of credit.

[Amended 12-3-2008 by L.L. No. 4-2008]
Before the issuance of a permit, the applicant and the owner of record of the premises shall make, execute and file with the Town Clerk of the Town of Chili, and upon the request of the Building Department, a letter of credit in form to be approved by the Town Board of the Town of Chili and in an amount to be fixed by said Board, which letter of credit shall be conditioned for the faithful performance of the terms and conditions of this chapter and of the observance of all municipal ordinances, and further to indemnify and save harmless the Town Board of the Town of Chili and the Superintendent of Highways of such Town for any damage to property of the Town, and shall further be conditioned upon compliance with the terms and conditions of such permit requiring the filling and leveling off of such excavation. Such letter of credit, in the event of default, shall be forfeited to the Town of Chili, and the Town of Chili shall be entitled to maintain an action thereupon. Said letter of credit shall remain in full force and effect until a certificate of completion has been issued by the Code Enforcement Officer of the Town of Chili certifying that all provisions of this chapter and the conditions of any permit issued thereunder have been fully complied with.

§ 263-10 Exceptions.

A. 
Nothing contained in this chapter shall be construed to prevent a person from removing topsoil from one part of his lands to another part of the same premises when such removal is necessary as an accessory use or is made for the purpose of improving said property, nor shall any permit be required in connection therewith.
B. 
Excavations for the purpose of constructing a cellar wall, building or part thereof or for any farm, public or private utility or public use or septic tank construction or ground water drainage are expressly excluded from the operation of this chapter.

§ 263-11 Penalties for offenses.

[Amended 12-3-2008 by L.L. No. 4-2008]
Any person, firm or corporation who violates any provision of this chapter shall be subject to a fine of not more than $250 or to imprisonment for not less than 15 days, or both.