[Amended 11-9-1983]
A. 
Operations shall be inspected by a geologist, soil scientist, agronomist or engineer duly licensed by the State of New York to determine that sufficient thickness of topsoil is present on site to allow for safe removal of topsoil and to leave at least four (4) inches of topsoil upon the surface of the land.
[Amended 7-22-1992 by L.L. No. 1-1992]
B. 
All operations shall be conducted only between 6:00 a.m. and 6:00 p.m., local time, unless extended operation is approved by the Town Board. No operation shall be conducted on Sunday.
C. 
Access roadways and drives, if any, shall be watered or protectively surfaced to prevent dust and to prevent drawing any accumulation of dirt, grit or stone onto the highway during the operation, if required by the Town Board.
[Amended 7-22-1992 by L.L. No. 1-1992]
D. 
No excavation shall be made within ten (10) feet of any property line.
E. 
Topsoil-removal excavation shall be limited to no more than four (4) acres at one (1) time, except as permitted in Subsections J and K of this section, from any one (1) tract of land until full compliance with this Part 2 is had under any existing permit for the same tract.
F. 
A permit to strip or remove topsoil shall require the licensee to leave at least four (4) inches of topsoil upon the surface of the land.
G. 
Dust-down, or its equivalent, shall be used and spread to prevent dust.
H. 
No permit to strip or remove topsoil shall be granted for any land which is subject to flooding as delineated as a Code A Zone or which will create a Code A Zone on the Special Flood Hazard Map or which will adversely affect the drainage of any adjacent lands.
I. 
No permit to strip or remove topsoil shall be granted for any land which, after such stripping or removal, will leave hollows or basins for the accumulation of water.
J. 
Topsoil, soil, subsoil and earth may be stripped and removed from land if such land is to be completely paved or built upon, but the permit therefor shall comply with all other applicable parts of this Part 2.
K. 
Hill, mound or elevated surface earth and subsoil excavation, when removed from the premises, shall be subject to the provisions of this Part 2 and the requirements set forth in this subsection. The surface topsoil or earth for a minimum depth of six (6) inches shall be stripped from the area to be excavated and piled on the premises. The excavation of earth and subsoil operation shall be limited in depth to an established final elevation equal to the average surrounding area elevation within a perimeter of two hundred (200) feet of the excavation operation, unless otherwise approved by the Town Board. The excavation operation shall not adversely affect the surrounding properties. After the earth and subsoil excavation operation is complete, the piled surface topsoil or earth shall be restored to the area from which removed and be prepared as set forth in § 93-24, after operation of this Part 2.
[Amended 11-9-1983]
Any area from which topsoil has been removed shall, except land licensed pursuant to the provisions of § 93-23J between the period of August 1 to October 1 or between the period of April 1 to June 1, be prepared into a loose, level seedbed and limed, fertilized and seeded in the following manner:
A. 
Apply necessary ground limestone to raise the pH factor to six point five (6.5) (acidity measurement).
B. 
Apply 15-15-15 fertilizer or equivalent at the rate of two hundred (200) pounds per acre.
C. 
Disc area to work any limestone and fertilizer into soil to a depth of at least three (3) inches.
D. 
Smooth area with smoothing harrow.
E. 
Sow rye or wheat at a rate of two and one-half (2 1/2) bushels per acre.
F. 
Roll firm with ground roller or cultipacker.
G. 
Final field check by geologist, soil scientist, agronomist or duly licensed engineer of the State of New York or qualified representative of the Town to certify that the land has been fully restored according to all of the parameters under this section.
H. 
Plow grain cover by June 1 of the following year, followed by planting of four (4) pounds of timothy and eight (8) pounds of bird's-foot trefoil, with fertilizer application 6-24-24 or equal at the rate of two hundred (200) pounds per acre.
A. 
The Town Clerk shall charge and collect, upon the issuance of each permit to this article with the Town Board's approval, the following fees:
(1) 
Ten dollars ($10.) for the removal of any area not exceeding five thousand (5,000) square feet or for the removal of no more than ninety-two (92) cubic yards.
(2) 
For areas exceeding five thousand (5,000) square feet or exceeding ninety-two (92) cubic yards, ten dollars ($10.), plus three dollars ($3.) for each additional five thousand (5,000) square feet or each additional ninety-two (92) cubic yards or fraction thereof.
B. 
The Town Clerk shall charge and collect, upon the issuance of a permit to remove a hill, mound or other elevation pursuant to § 93-23K of this article with the Town Board's approval, the following fees:
(1) 
Ten dollars ($10.) for the removal of any area not exceeding one thousand (1,000) cubic yards.
(2) 
For the removal of more than one thousand (1,000) cubic yards, ten dollars ($10.) plus one cent ($0.01) for each additional cubic yard or fraction thereof.
A bond or cash deposit shall be posted with the Town as required by § 93-9 of this Part 2, which bond or cash deposit, to be determined by Town Board, shall be no less than two thousand dollars ($2,000.) for each excavation or removal.