[Amended 4-16-1969; 11-9-1983]
Before any excavation is commenced or extended for any purpose, other than those excepted pursuant to §
93-7B and
C, and before any topsoil, earth, sand, gravel, rock or other substance is removed from the land, the owner, lessee or agent of the owner or lessee shall file with the Zoning Officer of the Town of Clarence a verified application containing a detailed statement of the proposed work and, except for an application for a turf farm, a plan or plans prepared by a soil scientist, duly licensed engineer or land surveyor of the State of New York, setting forth in detail the following information:
A. All information as required in the application form prepared
by the Town of Clarence, including a detailed statement of the proposed work
and the dimensional extent of the proposed excavation or excavations and the
exact condition of the land before such work is commenced and the proposed
condition of the same after the work is completed.
B. Each plan, except an application for a turf farm, shall
be drawn to a scale of not less than one to 100 feet and shall show all streets
adjoining the land, the location and dimensions of the land upon which it
is proposed to operate, the location, size and use of existing buildings and
the elevations of the land and elevations of abutting highways. Contour mapping
should be at least at one-foot intervals.
C. For land where only topsoil or turf is to be removed,
a general overall plan showing the provisions that have been made to drain
or otherwise prevent the collection of water on any part of the land which
is not to be restored to the original grade.
D. A duly acknowledged consent, in writing, of the owner
of the land and mortgagee, if any, including his or their address.
E. Receipted tax bills or tax certificates showing payment
in full of all county and Town taxes or charges assessed against the land
described in the application.
F. A certificate signed by the Superintendent of Highways,
Town of Clarence, stating that the proposed excavation or excavations and
the finished grades of the land as shown on the map or maps and application
will not interfere with the drainage of or endanger any road, street or highway
or other property of the State of New York, County of Erie or Town of Clarence.
G. A New York State Department environmental mining permit
(if the amount extracted exceeds 1,000 tons in 12 months).
[Amended 7-22-1992 by L.L. No. 1-1992]
H. State environmental quality review (if the intended land
area exceeds 10 acres).
I. Any additional information pertinent to the application
which may be required by the Zoning Officer.
The Town Clerk, when all applicable conditions and requirements of this
Part 2 have been met, shall issue the appropriate permit and shall charge
and collect therefor the fee approved by the Town Board in accordance with
the fee schedule applicable to the operation sought upon the approval of the
Town Board as hereinafter set forth.
The Town Board, when the application, together with all necessary supporting documents, is properly before it, shall consider the same and, based upon said application and supporting documents and upon the considerations set forth in §
93-5 of this Part
2, shall thereafter authorize the Town Clerk to issue said permit or shall deny the same or shall authorize the issuance thereof subject to such terms and conditions as may be just and proper in the preservation of the safety, health and general welfare of the people of the Town of Clarence.
Any permit issued pursuant to the provisions of this Part 2 shall expire
on the 30th day of June next succeeding the date of issuance unless further
extended by the Town Board.