Marlborough City Zoning Code
CHAPTER 75
Clearing and Grading
§ 75-1 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
All activities directly related to the growing or raising of crops or livestock for the sale of agricultural produce, dairy and meat products, including horticulture and fruit farming operations.
The Town Building Inspector or other persons designated by the Town Board to administer and maintain the provisions of this chapter.
Any activity which removes or significantly disturbs living trees, brush, grass or any other kind of vegetation, excepting the products of agricultural operations in an area of any size.
Any residue associated with clearing, including, but not limited to, stumps, trunks, trees, treetops and branches.
The gravitational movement of water by surface runoff of subsurface flow.
The use of an extended detention pond as defined under the Environmental Conservation Law.
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
Any activity which removes or disturbs rock, gravel, sand, soil or mineral deposits.
Any activity in which deposit is natural or artificial material so as to modify the surface or subsurface condition of lands, lakes, ponds, watercourses.
The alteration of surface or subsurface condition of lands, lakes, ponds or watercourses by excavation or filling.
A New York State licensed engineer, architect, landscape architect or land surveyor with the appropriate exemption under state law.
Solid material, both mineral and organic, that is being transported, has been deposited or has been removed from its original location.
All minerals, material and nonliving organic material of whatever origin which overlays bedrock.
Those requiring review only by the Building Inspector.
Those permits requiring approval of both the Building Inspector and Planning Board.
Any natural or artificial stream, river, creek, channel, canal, conduit, culvert, drainageway, gully, ravine, or wash in which water flows in a definitive direction or course, which includes both continuous and intermittent flow.
Those areas as defined by the New York State Department of Environmental Conservation and/or the U.S. Army Corps Of Engineers as wetlands.
§ 75-2 General provisions.
It is the purpose of this chapter to protect the public health, safety and welfare of the residents of the Town of Marlborough by providing for the proper use of land and regulating site preparation, construction activities and other activities impacting the land, including excavation, filling, grading and clearing. It is the intent of this chapter to protect the natural environment in order to prevent indiscriminate and excessive disturbance to land and prevent problems related to erosion, sediment or excessive drainage.
§ 75-3 Purpose; additional regulations.
The purpose of this chapter is to:
Preserve the quality of the natural environment from adverse impacts such as pollution of watercourses, unnecessary destruction of vegetation, excessive exposure of soil to erosion and the unnecessary modification of topography.
Protect people and property from adverse effects of activities impacting the land, such as increased runoff, erosion and sediment control, threats to life and property from flooding, landslides and increased stormwater to prevent slope stability problems for the creation of unstable slopes.
§ 75-4 Activities requiring permit.
None of the following activities shall be commenced or undertaken until a permit has been issued under provisions of this chapter, where the parameters are set forth under the regulations are met or exceeded:
§ 75-5 Exemptions.
The following activities are exempt from permit requirements:
Agricultural operations.
Repair to occupied structures.
Correcting hazards causing an imminent threat to life or property.
Excavation or filling which affects less than 400 cubic yards of material within any one parcel.
Clearing or grading which affects less than 20,000 square feet of ground surface.
Clearing of brush or undercover vegetation less than four inches in diameter.
Household gardening or activities related to the maintenance of landscape features.
Governmental activities.
Activities performed in conjunction with a building permit.
Activities performed in conjunction with site plan approvals or subdivision approvals.
Activities which have received approval from a Town agency prior to enacting this chapter.
Harvesting of firewood for private use.
§ 75-6 Permit application, review, issuance and compliance procedures.
Before any activity requiring a permit under § 75-5 of this chapter is commenced, three copies of the permit application shall be filed with the Building Inspector. Applications shall be approved by the Planning Board. Upon filing of the application for a permit, the applicant shall pay the Town a fee as set forth in Chapter 155, Zoning. The Building Inspector shall have authority to grant or deny permits for all activities subject to this chapter. The Building Inspector shall be authorized to classify any application as a Type 2 permit should the Building Inspector deem the application warrant Planning Board review.
The Building Inspector shall not grant a permit for the following activities without approval of the Town Planning Board. All applications exceeding the below-referenced thresholds shall be considered Type 2 permits and shall be sent to the Planning Board for approval prior to authorization by the Building Inspector:
Clearing that impacts more than one acre of ground surface within any one parcel of any one project.
Excavation which affects more than 1,000 cubic yards of material.
Filling which exceeds a total of 1,000 cubic yards of material.
Grading which affects more than one acre of ground surface.
Site preparation within wetlands, buffer strips or critical environmental areas.
The Building Inspector, Town Engineer and Superintendent of Highways, when appropriate, shall submit their respective recommendations on an application referred to the Planning Board within 30 days of the date of filing. The Town Engineer may, where appropriate, forward a copy of the permit to the Soil and Water Conservation District for its review and recommendations. Any costs associated with the review of the application by Town consultants or outside consultants shall be paid for by the applicant. Applications referred to the Planning Board for approval shall bear the stamp of a licensed professional and shall contain the following information:
Existing and proposed contours; two-foot contour interval.
Existing structures within 200 feet of the property line.
The property lines of the entire parcel of land impacted.
Natural drainage courses within the parcel.
Erosion and sediment control method to be implemented.
Compliance with New York State DEC SPDES permit requirements.
Staging areas and topsoil stockpile areas for reclamation.
Any other information requested by the Planning Board.
§ 75-7 Duration of permit.
Permits shall be issued for a period of time not to exceed six months. Permits may be extended one time for a period not to exceed three months upon application to and inspection by the Building Inspector.
§ 75-8 Revocation of permit.
Any permit may be revoked by the Building Inspector for cause. Revocation of a Type 2 permit will require the permit holder to appear before the Planning Board before a new permit may be issued or any work may be continued. The Planning Board may require a new review of the permit application at its discretion. The Building Inspector shall have the authority to place a stop-work order on any action which may not be in compliance with the permit.
§ 75-9 Penalties for offenses.
Revocation of a permit by the Building Inspector shall cause all work to stop and action to be taken as directed by the Building Inspector to insure health, safety and welfare. No work may continue without application and approval of a new permit.
Violations of this chapter shall result in a fine of up to $500 per day.
In addition, penalties may include requiring the permit holder to restore the affected area to its original condition or a state which meets the approval of the Building Inspector.
§ 75-10 Fees.
Fees shall be set in accordance with the schedule of fees as established by the Town Board.
Type 2 permit applications shall also be required to post a deposit to cover all engineering consultant fees, planning consultant fees and any other necessary fee deemed appropriate by the Planning Board under the same procedures as in § 155-47, Development Fees. Said deposit shall be a minimum of $500.
[Amended 9-14-2009 by L.L. No. 6-2009]
§ 75-11 Jurisdiction.
Upon the approval of this chapter by the Town Board, all site preparation, construction activities requiring a permit under this chapter shall be in conformance with the provisions set forth herein.
§ 75-12 Conflict with other laws.
Where this chapter imposes greater restrictions or requirements than are imposed by provision of any other law, ordinance, including the Town's Municipal Code, zoning chapters, regulation or private agreements, this chapter shall control. Where greater restrictions are required, by any law, ordinance, including the Town's Municipal Code, regulations or private agreements than are imposed by this chapter, such greater restrictions or requirements shall control.