[HISTORY: Adopted by the Town Board of the
Town of Chili 5-28-1958 (Ch. 54 of the 1980 Code). Amendments noted where applicable.]
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.
[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.
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.
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.
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.
[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.
[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.
[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.
[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.
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.
[Amended 12-3-2008 by L.L. No. 4-2008; 6-14-2023 by L.L. No. 2-2023]
Any person, firm or corporation who violates
any provision of this chapter shall be subject to a fine of not more
than $250.
