Compliance required; permits; safety precautions.

A. No excavation, except for the purposes stated in § 159-7 hereof, shall be commenced or carried on except in conformity with the provisions of this chapter.B. Before any excavation is commenced and before any earth, sand, gravel, rock, topsoil or other substance is removed from the ground, the owner or tenant of the premises or their agent or the agent of either of them, provided that such agent is duly authorized in writing so to do, shall obtain a permit therefor and for that purpose shall file with the Town Clerk of said town an application for such permit in such form as the Town Board of said town shall prescribe.

In any event, such application shall contain a detailed statement of the work contemplated and proposed and a detailed plan setting forth the nature and extent of the proposed excavation. Said statement and plan shall show in detail the conditions of the premises or land before and after the proposed excavation. Along with the application, the applicant must file a description of said premises on which said excavation is proposed. Said description shall be sufficient so that the premises and the whole thereof can be readily identified, and there shall be filed with such application the names and addresses of the owners of record of said premises.

Upon said plan aforesaid, there shall be set forth the location of all buildings on said premises and their dimensions. Said plan shall also set forth all public and private streets and rights-of-way on or adjacent to said premises.C. No such excavation shall be made within 10 feet of any street or right-of-way unless precautions approved by said Town Board are taken by the applicant to prevent material from falling upon any street or right-of-way or undermining the same or any of them.D. Any permit issued pursuant to this chapter may require that upon the conclusion of such excavation and within a period to be specified therein, said premises shall be filled with clean, approved nonburnable fill containing no refuse, garbage, offal or other deleterious or unwholesome material and that dust preventative or similar material shall be used and applied to prevent dust and sand from flying or being carried from said premises during and on the completion of said excavation; that said premises shall be graded to a level not below that of the abutting highway or to a level which shall provide free runoff of surface water at all places; in the case of removal of topsoil, at least four inches of topsoil shall be left remaining or shall be replaced upon the premises from which topsoil is removed, and that upon the area from which topsoil is removed, there shall be a reseeding with a permanent pasture mixture or other fast-growing surface vegetation and that such reseeding shall continue until growth can be reestablished.