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 4-5-1989 by L.L. No. 3-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 64.
Building construction — See Ch. 70.
Environmental quality review — See Ch. 98.
Excavations — See Ch. 101.
Fees — See Ch. 106.
Public improvements — See Ch. 151.
Streams and watercourses — See Ch. 172.
Subdivision of land — See Ch. 178.
Zoning — See Ch. 200.

§ 186-1 Title.

This chapter shall be known as the "Town of Evans Topsoil and Drainage Protection Local Law."

§ 186-2 Purpose.

The purpose of this chapter is to promote the public health, safety and general welfare, to protect and preserve the natural beauty and value of property and to minimize public and private losses by regulating the removal, excavation or stripping of topsoil and alterations to topography within the Town of Evans.

§ 186-3 Definitions.

A. 
Unless otherwise stated herein, terms used in this chapter shall have the meanings that they have in Chapter 200, Zoning.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
TOPSOIL
Surface earth, and shall include sod, loam, sand, fill, limestone, rock, clay and similar soil materials.

§ 186-4 Permit required for removal or alteration.

No person shall excavate, remove topsoil (including beach sand) or permanently alter topography for any purpose, other than the construction of a permitted building or structure or part thereof or an appurtenant driveway or walk, without a permit therefor issued by the Building Inspector. No permit shall be issued for the construction of a building or structure for which excavation, topsoil removal or topographic alteration is required until a permit shall have been issued as authorized by this section. Notwithstanding anything to the contrary stated herein, no permit shall be required for the activities specified in § 186-5 hereof.

§ 186-5 Exemptions.

The following activities and uses shall be exempt from the application of this chapter:
A. 
Removal or alteration of topsoil or fill incidental to on-site gardening, farming and/or landscaping activities; provided, however that such activities do not result in adverse drainage onto or erosion of neighboring property.
B. 
Public improvement projects or activities undertaken by public bodies as defined in the General Construction Law of the State of New York.

§ 186-6 Application for permit; determination.

A. 
No permit required by this chapter shall be issued except upon submission of evidence satisfactory to the Building Inspector and upon his finding and determination that the proposed excavation, topsoil removal or topographical alteration will not cause erosion or otherwise disturb or adversely affect natural drainage, streams, creeks or other bodies, sources or supplies of water, whether surface or ground, adjacent or nearby property or adjacent or nearby fauna, flora or other vegetation.
B. 
The minimum information which the Building Inspector may require with the application shall include, but not be limited to, a sketch or drawing in a form satisfactory to the Building Inspector showing existing and proposed topography and drainage patterns, amount and type of material to be removed from the site, proposed excavation areas and depth and composition of topsoil to be removed, type of vegetation to be used for restoration and such other information as may be required by the Building Inspector.
C. 
The application shall be made on forms prescribed by the Building Inspector and shall be processed upon payment of such fee(s) as shall, from time to time, be established by resolution of the Town Board.
D. 
The Building Inspector may, at his option, refer all or part of such application to the Town Engineer for review and recommendation, and the application fee(s) may include the reasonable cost of such review by the Town Engineer.
E. 
Within 30 days of receiving a completed application, the Building Inspector shall notify the applicant that:
(1) 
The permit is granted.
(2) 
The permit is granted with conditions that shall be specified in the notice. The Building Inspector may require the applicant to provide a performance bond in order to ensure compliance with the provisions of such permit.
(3) 
The permit is denied, specifying the basis for the denial.
(4) 
Additional information is required in order to make a determination, specifying the additional information required and stating that a determination shall be made within 12 days of submission of such information to the Building Inspector.

§ 186-7 Review of decisions.

A. 
Final decisions of the Building Inspector pursuant to this chapter shall be reviewable by the Board of Appeals upon proper application as provided in Chapter 200, Zoning. Such application for review must be made not later than 30 days following the applicant's receipt of the notice of final decision from the Building Inspector.
B. 
The final decision of the Building Inspector shall not be reversed unless the Board of Appeals shall make a finding, after its hearing, that such final decision was arbitrary and capricious.

§ 186-8 Enforcement.

The Building Inspector is hereby authorized to issue a notice of violation and/or a stop-work order to any person engaging in any activity in violation of this chapter or in violation of any permit issued pursuant to this chapter. Additionally, police officers are authorized to issue appearance tickets in cases involving removal of beach sand in violation of this chapter. Such order or appearance ticket, as the case may be, shall describe the activity or activities constituting such violation(s) and the penalties thereof and may prohibit all such activities pending review and determination by a court of appropriate jurisdiction.

§ 186-9 Penalties for offenses.

[Amended 12-15-1993 by L.L. No. 13-1993]
Any person who violates any provision of this chapter is guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate violation.