This article shall be entitled and known as "Mining and Topsoil
Sales." Nothing in this article is intended nor shall be construed
to authorize within the Town any explicitly prohibited use.
It is the purpose of this article to regulate the manner of
construction on, removal of materials from, filling of, draining,
cleaning, operating, and use of any lands or other premises for sand
or gravel pits, stone quarries, topsoil sales or for any other mining
and sale of excavated materials and prohibiting the use of any lands
or other premises for the aforesaid purposes, which do not comply
with this article.
A permit shall not be required in the following instances:
A. Nothing
contained in this article shall be construed to prevent a person from
removing topsoil from one part of his/her land to another part of
the same premises when such removal is necessary as an accessory use
or is made for the purpose of improving said property;
B. Sites
subject to Town subdivision and site plan review processes, provided
that the application has received approval by the appropriate board
or authorized official;
C. Excavation
for the purpose of constructing a basement wall, building, or utility,
or part thereof, for which a permit has been issued by the Town of
Penfield Building Department;
D. Any capital
or public works project authorized by the Town of Penfield, NYSDOT,
or Monroe County; and
E. Customary
agricultural operations not located in an Environmental Protection
Overlay District (EPOD).