[HISTORY: Adopted by the Town Board of the Town of Stanford 9-13-1984
as L.L. No. 5-1984.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 82.
[1]
Editor's Note: This local law superseded former Ch. 87, Excavations,
adopted 10-6-1983 as L.L. No. 4-1983.
The Town Board of the Town of Stanford, in order to provide for the
proper use of land in the Town and to remove dangers caused by soil erosion,
soil excavation, sand and gravel pits, rock quarries, and thereby maintain
the natural contour of the earth as it presently exists in the Town and to
avoid any detriment to the health, welfare and safety of persons and property
in the Town, has enacted this moratorium on excavation.
As used in this chapter, the following terms shall have the meanings
indicated:
- EXCAVATION
- Any digging extending to a depth of more than 18 inches below the natural contour of the land, including but not limited to soil, sand, gravel, clay, stone and rock digging.
- PERSON
- Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
No person shall establish a business for excavation anywhere within
the Town of Stanford for a term of one year from the effective date of this
chapter.
The lawful use of any premises for conducting the business of excavation
as existing on the effective date of this chapter may be continued; provided,
however, such nonconforming use shall not be enlarged and the premises shall
not be altered in relation to the conducting of an excavating business unless
a variance is granted under this chapter.
Any person desiring a variance must submit two copies of the layout
or plot plan showing the actual dimensions of the plot to be excavated, the
exact size and location of the plot, a certificate or other evidence of approval
of the Department of Environmental Conservation and any other state, county
or local municipality as required by law, and any other information as may
be necessary, in the opinion of the Planning Board, to the Planning Board
for its recommendation at a regular or special meeting set up for that purpose.
After the Planning Board has reached its final decision, it will make the
recommendation to the Town Board prior to its next regular meeting so that
the Town Board can take the necessary legal action to conduct a public hearing.
Final approval is reserved by the Town Board.
This chapter shall be enforced by a Zoning Inspector to be appointed
by the Town Board. It shall be the duty of the Zoning Inspector to advise
the Board of Appeals of all matters pertaining to the enforcement of this
chapter and to keep all records necessary and appropriate to his office and
to file them in the office of the Town Clerk.
A.
Pursuant to the provisions of the Town Law applicable
thereto, there is hereby established a Board of Appeals having five members
to be appointed by the Town Board.
B.
The Board of Appeals, consistent with the provisions
of the Town Law applicable thereto, shall determine its own rules, conduct
and procedure.
C.
The cost of publishing notices of public hearings upon
appeals from and review of any order, requirements, decision or determination
made by the Zoning Inspector or Planning Board shall be paid for by the applicant.
D.
The Board of Appeals shall hear, decide and review any
order, requirement, decision or determination made by the Zoning Inspector
or the recommendation made by the Planning Board.
E.
The Board of Appeals, with the approval of the Town Board,
shall have the power to vary or modify the application of any of the regulations
or provisions of this chapter relating to the use, construction or alteration
of buildings or structures or the use of land so that the spirit of this chapter
shall be observed for public safety and welfare and that substantial justice
be done.
A.
Any person violating any of the provisions of this chapter
shall be guilty of an offense and, upon conviction thereof, be punishable
by a fine not exceeding $250 or improvement for a period not to exceed 90
days, or both. However, for the purpose of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and for such purpose only all provisions of law relating to
misdemeanors shall apply to such violations. Each week's continued violation
after notice shall constitute a separate, additional violation.
B.
The proper local authorities or other interested persons,
in addition to other remedies, may institute any appropriate action or proceeding
with reference to a violation of this chapter as provided for in Section 268
of the Town Law.
This chapter shall become effective after filing in the office of the
Secretary of State, State of New York, and shall remain in effect pending
the preparation and enactment of a local law regulating excavations within
the Town of Stanford or for a period of one year from the effective date of
said chapter, whichever is sooner.
