[HISTORY: Adopted by the Town Board of the Town of Amherst 10-7-1957. Amendments noted where applicable.]
[Amended 5-8-1961; 10-22-1962]
No excavation, removal or storage of earth, sand, gravel, rock or topsoil other than excavations and storage necessary in connection with the construction of buildings, retaining walls or fences shall be commenced in the Town of Amherst, except in conformity with the provisions of this chapter.
Before the excavation, removal or storage of any of the above materials, the owner or lessee of such premises or tract of land shall obtain a written permit therefor, to be issued by the Town Clerk of the Town of Amherst, subject to approval of the Town Board in its discretion.
[Amended 3-9-1964; 5-1-2006 by L.L. No. 6-2006]
No such permit may be issued unless and until the premises or tract of land with respect to which such permit is sought has been determined to be a proper use of such land as determined by the Town Board. The public hearing shall be pursuant to and in accordance with the provisions of Chapter 203, Zoning, § 8-2-3.
The applicant shall file with the Town Engineer of the Town of Amherst an application in duplicate, together with a comprehensive plan drawn to a scale of one inch to 100 feet, setting forth in detail:
Location and extent of the proposed excavations.
Exact condition of premises before and after excavation.
Drainage systems to be installed to ensure proper surface drainage during and after completion of work.
Grades of all creeks or drainage ditches at fifty-foot intervals for a minimum distance of 500 feet beyond the parcel of land covered by the permit.
Location of all existing buildings on said premises.
Elevations at intervals of 50 feet.
The elevations shown on the above-mentioned plan shall refer to United States Coast and Geodetic Survey datum.
Such plan must be prepared by an engineer or land surveyor duly licensed to practice in the State of New York.
Corner posts shall be set designating the land area involved. Such posts shall have a sign affixed thereto 24 inches in length by 12 inches in height, containing the name of the person to whom the permit has been issued, the permit number and a statement of the month of issue. The top of such corner posts shall be at least four feet above ground level and placed in position by the licensed engineer or surveyor at the time of the original survey. These posts shall be maintained in their exact positions throughout the entire operation to aid in the inspection of the area to which the permit relates by all interested persons. In the event that such posts are not in place, said permit shall be subject to revocation at the discretion of the Town Board until such time as they have been replaced in exact position.
No excavation or stockpiles shall be made within 300 feet of the right-of-way of any public road, street, highway or public area or within 100 feet of any property line of adjoining land unless written consent of the adjoining property owner shall be first obtained and a duplicate or original copy attached to the application.
In those instances where topsoil is to be removed, at least four inches of topsoil capable of supporting vegetation shall be left upon the surface, and the area from which the topsoil is taken shall be prepared into a loose seedbed, fertilized and seeded in the following steps:
Disked or harrowed to loosen ground to a depth of two inches.
Fertilized with 1/2 ton per acre of complete fertilizer (5-10-5 or similar analysis).
Smoothed with a smoothing harrow.
Seeded with a grass seed with 12 pounds per acre of the following clover grass mixture, mixed and sown under the supervision of an inspector representing the Town of Amherst:
Notification shall be given to the Town Engineer two days prior to commencement of operation for seeding to ensure opportunity for inspection and supervision.
Before the issuance of a permit, the applicant or the record owner of the premises or tract of land shall deposit with the Town Clerk of the Town of Amherst the sum of $2,500 for six acres and $500 per acre for less than six acres, which sum shall be held in escrow for the faithful performance of the conditions contained in this chapter, the observance of all municipal ordinances and to defray the cost of inspection of the premises from time to time by a representative of the Town of Amherst and also to indemnify the Town of Amherst against all costs and disbursements in regard to inspection or otherwise. Said deposit shall not bear interest and so much as shall remain after deduction of inspection fees, together with other costs and charges of the Town of Amherst resulting from the failure of the holder of the permit to comply with the terms of this chapter, shall be refunded to the holder of said permit; provided, however, that if the cost to the Town of Amherst to make full compliance with the above-stated requirements shall exceed the amount of the deposit, the holder of said permit shall be liable to the Town of Amherst for any deficiency. In the event of failure to comply with the provisions of this chapter, the holder of the permit will be given 30 days in which to correct such default, and at the expiration of such time the Town of Amherst shall have the right to correct and/or complete the work, and the cost thereof will be deducted from the deposit hereinbefore referred to, or if such deposit shall be insufficient to defray the cost, the holder of the permit shall be liable for any deficiency.
No refund shall be made to the holder of the permit until a letter of completion has been issued by the Town Engineer certifying to the fact that all the provisions of this chapter and conditions of the permit have been fully complied with. In the event of the issuance of a new permit, cash or a certified check shall be submitted covering the total as set forth above, and any refund on previous permits will be made only after all requirements have been fully met, including a visible growth of cover resulting from seeding as prescribed in § 106-6.
The Town Clerk of the Town of Amherst shall charge or collect a fee of $25 per acre for the aforesaid permit, which permit shall expire one year from the date thereof. Upon written application, the Town Board may extend said permit for a period of one additional year.
No permit shall be granted at the same time for the removal of topsoil for more than six acres owned or leased by the same operator; provided, however, in the event that the work under an existing permit shall be graded and completed with the exception of seeding, the holder of said permit may at that time request an additional permit.
Nothing herein contained shall require a person to obtain a permit for or prevent the moving of the above-mentioned materials from one part of his premises or tract of land to another part of the same premises or tract of land when such is necessary for regrading; provided, however, that any person engaged in the development of areas known as "subdivisions" within the Town of Amherst and moving topsoil to correct grades shall replace topsoil to the same depth as existed thereon prior thereto.
The words "person," "owner," "lessee," "applicant" and/or "holder of a permit" as used herein shall apply to all individuals operating as sole proprietors, partnerships, firms, associations or corporations.
Any person who violates or causes or participates in the violation of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $100 or to imprisonment for not more than three months, or to both such fine and imprisonment. The person violating or causing or participating in the violation of the same shall be a disorderly person. Each week's continued violation shall constitute a separate additional violation. Notwithstanding the penalties herein provided, the Town of Amherst may enforce obedience to this chapter or any part thereof by injunction to restrain the violation thereof.
Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Town Board of the Town of Amherst shall have the power in passing upon the application required herein to vary or modify any of the regulations or provisions contained herein so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.
If any provisions of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect, impair or invalidate the remainder of the chapter.
The provisions of Article XXII of the Building Ordinance of the Town of Amherst with all amendments thereto are hereby repealed and rescinded.
Editor's Note: This reference is to the Zoning Ordinance adopted 12-23-1935, and the material repealed has not been included in later comprehensive revisions of Zoning.
This chapter shall take effect immediately from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the Corporate Seal of the Town and showing the date of its passage and entry in the minutes; and otherwise, 10 days after the publication and posting as required by the Town Law.