[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.
A.
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:
(1)
Location and extent of the proposed excavations.
(2)
Exact condition of premises before and after excavation.
(3)
Drainage systems to be installed to ensure proper surface drainage
during and after completion of work.
(4)
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.
(5)
Location of all existing buildings on said premises.
(6)
Elevations at intervals of 50 feet.
B.
The elevations shown on the above-mentioned plan shall refer to United
States Coast and Geodetic Survey datum.
C.
Such plan must be prepared by an engineer or land surveyor duly licensed
to practice in the State of New York.
D.
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:
A.
Disked or harrowed to loosen ground to a depth of two inches.
B.
Fertilized with 1/2 ton per acre of complete fertilizer (5-10-5 or
similar analysis).
C.
Smoothed with a smoothing harrow.
D.
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:
|
Landino White Clover
|
1 pound per acre
| |
|
Wild White Clover
|
1 pound per acre
| |
|
Timothy
|
5 pounds per acre
| |
|
Kentucky Blue Grass
|
5 pounds per acre
| |
|
Total
|
12 pounds per acre
|
E.
Rolled firm.
F.
Notification shall be given to the Town Engineer two days prior to
commencement of operation for seeding to ensure opportunity for inspection
and supervision.
A.
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.
B.
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.[1]
[1]
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.
