Marcellus Town City Zoning Code
§ 235-24
Permits for excavation, filling, grading, and clearing of vegetation.
A.
Purpose. The purpose of this section is to regulate and control modification of the topography of the land by excavating, grading, filling or similar activities. The Town of Marcellus finds that the uncontrolled modification of existing topography has resulted in the destruction of natural ground cover, air pollution, soil erosion, stream and pond sedimentation, and alteration and disruption of natural drainageways and has adversely affected the health, safety, and general welfare of the Town's residents.
B.
Application. This section shall apply to all real property in the Town. To the extent that the Mined Land Reclamation Act,[1] or NYS Environmental Conservation Law does not otherwise apply, a permit as described in this section is required wherever it is proposed to modify the topography of such real property in any one of the following ways:
(1)
Removal of natural vegetation from an area in excess of 10,000 square feet;
(2)
Grading, excavating, or filling an area in excess of 10,000 square feet, or in excess of two feet in depth;
(3)
Grading resulting in the obstruction of a drainageway; or
(4)
Grading resulting in the construction of a new drainageway.
[1]
Editor's Note: See Environmental Conservation Law, Article 23, Title 27.
C.
Fill.
(1)
Upon issuance of a permit, soil, rock, stone, gravel, sand, cinders, and uncontaminated construction and demolition debris of the type(s) specifically listed in this section may be used to fill a site or portion of a site to grade(s) approved by the Code Enforcement Officer and/or Town Engineer.
(2)
The term "uncontaminated construction and demolition debris" shall include only bricks, concrete and other masonry materials, plaster, drywall, and asphaltic pavement resulting from the construction, remodeling, repair and demolition of structures and roads that is not contaminated by other foreign materials, including but not limited to: asbestos, garbage, electrical fixtures, transformers, fluorescent lights, carpeting, furniture, appliances, tires, metal, drums, or containers of any size.
D.
E.
Topsoil removal. It shall be unlawful to strip topsoil for sale or for use on other premises, except as may be incidental to a construction project and confined to the construction area.
F.
Permit. It shall be unlawful for any person to modify existing topography as provided in Subsection B without first obtaining a valid permit from the Code Enforcement Officer. An applicant for permit must submit an application that meets the requirements of Subsection G. If the application is incomplete, the Code Enforcement Officer shall return it to the applicant, specifying the manner in which it is incomplete. Upon receipt of a complete application, the Code Enforcement Officer may refer the application to the Planning Board for review. The Planning Board may schedule a public hearing, grant the permit with or without modifications, or deny the permit.
G.
Permit application. The completed application shall include the appropriate fees, a narrative describing the proposed action, and a site location plan showing site, property lines, general topography, and area drainage. In addition, the following information may be required, at the discretion of the Town:
(1)
A map of the area to be modified showing original and final contours at maximum two-foot intervals, direction of drainage flows and appropriate information on adjacent properties as they affect or are affected by the applicant's site;
(2)
Erosion, runoff, and siltation control measures in accordance with New York State guidelines;
(3)
Dust, mud, and debris control on public highways;
(4)
Hours of operation and duration of proposed work, including a specific completion date;
(5)
Screening for surrounding areas, if required;
(6)
Reclamation, including suitable replacement of ground cover, topsoil and seeding, erosion and runoff control;
(7)
A completed SEQR EAF;
(8)
An agreement executed by all owners of record, in recordable form if required, giving a right of entry to agents of the Town. Failure to perform in accordance with the requirements of this chapter and the conditions of the permit may result in revocation of the permit and completion of the required reclamation by the Town. Should the Town complete the reclamation upon the permittee's failure to do so, such work shall be completed at the sole cost of the permittee; and
H.
Deposit. The Planning Board may specify a deposit with the Town Clerk of a minimum of $1,000 per acre or fraction thereof of land to be disturbed, or such greater amount as for a particular project to insure that the reclamation is completed as required. The amount to be deposited shall be in the form of cash, cash equivalent, letter of credit, or performance bond, which must be approved by the Town Attorney. Upon failure of the property owner to complete the reclamation as specified in the permit within the time set forth therein, the Town and/or its agents may enter upon said premises and complete the reclamation. The cost of said work shall be drawn from the security on deposit with the Town. Any security remaining on deposit after completion of said work shall be returned to the owner. Any excess charges incurred by the Town over and above the security shall be paid by the property owner and shall be a lien on said property until paid.
I.
Stop work. Any activity undertaken by a property owner subject to this section of the chapter without a permit shall be subject to a stop-work order by the Town. Any reclamation necessary to bring such illegal modifications of the topography into conformance with this section will be promptly accomplished by the property owner. Should the property owner fail to bring the property into conformance within 30 days of issuance of the stop-work order, the Town may undertake and complete such reclamation in accordance with Subsection G.
J.
Other permits. A proposed modification of the topography may require the acquisition of other permits or approvals, such as those required for lands in flood zones, or in or near wetlands administered by the New York State Department of Environmental Conservation or United States Army Corps of Engineers. Receipt of a permit pursuant to this section does not preclude the necessity of obtaining any other permits required for the proposed activity.
K.
Leveling. The Code Enforcement Officer may require periodic leveling of fill or graded material.