A. The excavation or quarrying, stockpiling and sale of sand, gravel, rock, shale, clay or other natural mineral deposits (except topsoil) may be permitted in a C-OS or R-A District if approved by special permit of the Town Board, subject to conditions which, in the opinion of the Town Board, will protect nearby property owners and occupants against unreasonable nuisances and hazards during the period of operations and will assure such final grading and other treatment as will produce a safe and useful area when operations have been discontinued. The Town Board may require the filing of an acceptable bond to guarantee compliance. The provisions of § 120-43 relating to excavation and operations shall apply where appropriate to sand- and gravel pits and rock quarries.
B. The construction of a pond requires a building permit pursuant to this Code and must be issued prior to construction at a fee to be determined by the Town from time to time.
(1) All new ponds shall either:
(a) Conform to the requirements of, and be approved by, the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) or the Erie County Soil and Water Conservation District (SWCD) or their successor agencies; or
(b) Be designed and sealed by a licensed professional engineer or landscape architect.
(2) Site plan. All pond building permit applications shall be accompanied by a site plan drawn to scale showing the total acreage of the property, property lines, existing features and structures (i.e., dwellings, accessory structures, drives, septic fields, wells, floodplains, wetlands, streams and topographical features) and the proposed pond location.
(3) Pond site plan approval shall be by the Town Engineer or Town Building Inspector.
(4) A pond shall not be constructed within 50 feet of any property lines, nor within 100 feet of existing or proposed septic fields or sewage disposal systems. If a subdivision of the site occurs, the fifty-foot setback requirement remains.
(5) The pond drainway shall flow to a natural stream, creek or other suitable outlet. Man-made ditches may be utilized to effect this and avoid flowing onto neighboring property.
