A.
It is hereby declared to be the policy of the Town Board
to provide for the proper use of land and to deny permission for all manner
of excavations which, in the opinion of the Town Board, will create pits,
holes or hollows or any manner of excavation which may leave the ground in
a hazardous or dangerous state or which may cause soil erosion depleting the
land of its natural vegetative cover and supply of organic materials or may
render the land unproductive or unsuitable for agricultural purposes or undesirable
for construction purposes.
B.
By this Part 2, the Town of Clarence also seeks to remove
danger to health and life caused by deep excavations, to prevent the stripping
of topsoil without providing for the renewal thereof and to promote the safety,
health and general welfare of the people of the Town by regulating the manner
of construction on, removal of materials from, filling up of, draining of,
cleaning of, operating of and use of lands or the premises for sand or gravel
pits, stone quarries or for other excavation purposes and prohibiting the
use of any lands or other premises for the aforesaid purposes which do not
comply with these regulations.
[Added 7-22-1992 by L.L. No. 1-1992]
As used in this Part 2, the following terms shall have the meanings
indicated:
The removal of sand, gravel, rock or stone, topsoil, soil or earth,
turf and other similar substances from their natural location in or on the
ground for any purpose other than for the construction of a wall, driveway,
sidewalk, building, structure or part thereof for which a building permit
has been issued or a farm pond, pond or man-made lake of less than 2,500 square
feet.
A.
Excavations for sandbanks, sandpits, gravel bank removal,
gravel pits, rock or stone pits, topsoil removal, soil or earth removal, topsoil
stripping, turf removal and other substances removed from the ground shall
not be commenced nor extended except in conformity with this Part 2.
[Amended 5-1-1974]
B.
Excavations for the construction of a wall, driveway,
sidewalk, building or part of a building are excepted from the requirements
of this Part 2.
C.
Nothing contained in this Part 2 shall require any person
to obtain a permit for the purpose of moving topsoil, soil or earth from one
location on his land to another location on the same land, provided that such
removal is necessary for or accessory to the farming, grading, improving or
draining of said land.
D.
Any water impoundment made by constructing a dam or embankment
or by excavating a hole, pit or other depression shall be deemed a farm pond,
pond or man-made lake and subject to this Part 2. No such farm pond, pond
or man-made lake shall be constructed except in conformance with this Part
2. Any water impoundment shall be properly graded and sloped with side slopes
no steeper than three feet horizontal to one foot vertical from the water
surface to the bottom of the impoundment and four feet horizontal to one foot
vertical from the water surface to the top of the impoundment.
[Added 5-1-1974; amended 7-26-2006
by L.L. No. 4-2006]
