Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans 3-16-1966 by L.L. No. 1-1966. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 98.
Excavations — See Ch. 101.
Fees — See Ch. 106.
Flood damage prevention — See Ch. 113.
Subdivision of land — See Ch. 178.
Topsoil and drainage protection — See Ch. 186.
Zoning — See Ch. 200.

§ 172-1 Definitions.

[Amended 2-16-1977 by L.L. No. 2-1977]
As used in this chapter, the following terms shall have the meanings indicated:
WATERCOURSE
Every spring, pond, stream, marsh, creek, brook or brooklet, roadside ditch or channel of any kind, the waters of which flow or may flow into Lake Erie. All waters in the Town of Evans presumptively flow into Lake Erie. The presumption is irrefutably.

§ 172-2 Permit required for filling, diversion or change.

No person, firm or corporation may fill, divert or change or permit the filling, diversion or change of any stream or watercourse within that portion of the Town of Evans outside the limits of the Village of Angola without having obtained a permit therefor from the Town Clerk of the Town of Evans, except when such action is authorized by a state or federal agency.

§ 172-3 Application for permit.

All applicants for a permit to fill, divert or change a stream or watercourse shall present, with their application, plans and specifications for the proposed filling, diversion or change. The Town Superintendent of Highways or the consulting engineer shall review the proposed plans and specifications and may consult with the Planning Board of the Town of Evans with respect thereto in his discretion. Upon approval of the application by the Town Superintendent of Highways or the consulting engineer and the Town Board, the Town Clerk shall issue a permit authorizing the proposed filling, diversion or change. All work shall be inspected by the Office of the Town Engineer or Town Superintendent of Highways.

§ 172-4 Fees.

[Amended 12-15-1993 by L.L. No. 13-1993]
Prior to the issuance of a permit for permission to fill or divert a stream or watercourse, all applicants shall pay to the Town Clerk a fee as set by resolution of the Town Board and as set forth in Chapter 106, Fees.

§ 172-5 Recommendation of denial of permit.

The Town Superintendent of Highways, or the consulting engineer, in his discretion, shall recommend to the Town Board denial of a permit if he determines that the proposed filling or diversion is detrimental to the drainage or welfare of the Town of Evans.

§ 172-6 Penalties for offenses.

[Amended 12-15-1993 by L.L. No. 13-1993]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both.