Clearing of land;

Prolonged exposure of soil;

Changes in drainage characteristics;

Changes in rate and volume of water runoff from the land;

Obstructing the natural flow of watercourses and natural runoff patterns;

Soil compaction;

Land filling; and

Land excavation.

Fills and excavations that exceed 50 cubic yards of soil, are greater than four feet in depth, impair surface drainage, or have slopes steeper than one foot vertical to two feet horizontal.

Earth grading/clearing that exceeds 5,000 square feet of area, causes a grade change of greater than 12 inches at any point, or changes existing surface drainage.

Construction of any aesthetic, recreational, fire protection, fishing pond, or other pond with a depth greater than three feet or which meets the above requirements.

Other activities deemed necessary by the Town of Penfield.

Any earth disturbance activity occurring over a twelve-month period.

The Town Clerk shall, upon presentation of a duly verified application for a fill and excavation permit, accompanied by the consent, in writing, of the owner, request a review and determination from the Town Board. The Town Clerk shall, upon obtaining the Town Board’s approval, issue the permit upon any conditions as may be imposed by the Town Board in a particular case. The applicant shall pay all associated fees, as set by Town Board resolution, and shall provide a financial guarantee (cash or letter of credit from an approved financial institution) as determined and approved by the Town Board.

Each permit issued pursuant to the terms and conditions set in this article shall be granted for no more than three months after the date of its issuance unless further extended by the Town Board, with input from Town staff. Any extensions of the permit shall require payment of all fees as determined by the Town Board. Any financial guarantee shall ensure the faithful performance of the terms and conditions of this article and any conditions noted in the permit. Each permit shall be conditioned on the observance of all municipal ordinances. Further, the applicant shall indemnify and hold harmless the Town Board, the Town of Penfield, and its employees and its agents from and against any damage to property of the Town, and for compliance with the terms and conditions of said permit. The cash proceeds of any guarantee, in the event of default, shall be conveyed to the Town of Penfield, which shall be entitled to maintain any action thereupon. Said guarantee shall remain in full force and effect until a certificate of completion has been issued by the Town Engineer certifying that all provisions of this article and the conditions of any permit issued have been fully complied with.

A letter describing the project and its purpose;

A survey map, prepared by a surveyor licensed in New York State, showing the location of the work with the property boundary lines and topography of the site within 100 feet of the proposed fill/excavation for which the permit is requested;

The location of any buildings, structures, and utilities on the site where work is to be performed;

The location of any wetlands, floodplains, steep slopes, watercourses, or other environmentally sensitive areas within 100 feet of the site;

The location of adjacent buildings and structures within 100 feet of the site;

Proposed contours of the fill/excavation limits;

Information showing all proposed drainage improvements, erosion and sedimentation control measures, topsoil storage locations, construction entrances, haul roads, security fencing, retaining walls, and other features associated with the work;

Estimates of the cubic feet of material to be removed or brought onto the site;

A time schedule and sequence of the work;

The name and phone number of the contractor who is doing the work;

The name and phone number of the trucking company(s) and subcontractor(s) assigned to the project;

Source of fill or disposal location of material to be excavated;

An environmental assessment form (EAF) in compliance with the New York State Environmental Quality Review Act or an environmental impact statement, if required;

An erosion and sedimentation control plan;

A restoration plan; and

Other materials, plans, soil testing data, or any other data as required by the Town Board.

No excavation or fill activities shall commence until a permit has been issued, fees paid, and a financial guarantee has been received.

The Town Board shall find that the request is in harmony with the general purpose of this article, taking into account the site location, quantity of fill, proximity to EPOD areas, truck traffic impacts, and neighborhood character. The Town Board shall find that the operation, maintenance, and restoration procedures will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the operation and the operation is not detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the Town of Penfield.

Applications shall be reviewed by the Town Board, which shall make a determination, in its discretion, of the need to require a public hearing on this matter. Such public hearing will be held not less than three days nor more than 30 days after the public hearing notice has been given prescribing the time, date, and place of the public hearing. Such notice shall be given by the Town Clerk by causing the same to be published in the official newspaper of the Town and by posting said notice on the bulletin board in the Town Hall. Such notice shall contain a brief explanation regarding the application. Approval or denial of the permit application by the Town Board shall be rendered after the conclusion of any public hearing on said application.

In granting any permit, the Town Board may attach such conditions as deemed necessary to protect public and private property, utilities, watercourses, or other environmentally sensitive areas. The work shall be conducted so as to not be hazardous to life or property, and in a manner that will not create a nuisance.

A separate permit is required for each separate, noncontiguous site.

The Town Board may waive any of the requirements noted herein if the applicant can provide sufficient information on the application to show that the work will conform to the requirements of this article.

In addition to the requirements for a fill and excavation permit, the applicant shall be required to obtain an Environmental Protection Overlay District (EPOD) permit for work located within a steep slope, regulated wetland, woodlot, or watercourse overlay district.

Fill material shall include inert fill materials, gravel, sand, silt, clay, and/or loam. Fill material shall exclude solid waste, hazardous waste, organic materials, tires, refuge, offal, hazardous waste, electronic waste, or any deleterious materials as defined by the Town of Penfield. Inert fill material shall include rocks, bricks, concrete, or asphalt that does not exceed 12 inches in size. All fill/excavated areas shall be covered with a minimum of six inches of topsoil upon completion of the filling or excavation to the approved grades. No topsoil sales are permitted without a permit as described in Article IX.

Filling, grading, or excavation work shall only be permitted between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 1:00 p.m. on Saturday, except for Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Material hauling trucks shall enter or exit the premises only within the hours permitted. All equipment operations shall be restricted to the above hours.

The applicant shall limit access to the premises at all times to prevent unauthorized dumping. Failure to do so may result in the revocation of the permit.

A copy of all permits, if required, from the NYSDOT and/or MCDOT shall be obtained and submitted prior to start of work.

All public roadways shall be cleaned of spillage or windblown materials, as ordered by the Town representative. The owner shall have a sweeper and water truck on site within 24 hours of request by Town officials. Construction access and haul roads shall be maintained at all times and shall be constructed of stone capable of supporting H-20 loading, as defined by the American Association of State Highway and Transportation Officials (AASHTO).

Dust control shall be addressed by use of water, mulch, stone, or other materials as approved by the Town. These shall be used on haul and access roads and disturbed areas as ordered by the Town official.

Any proposed modifications to the approved plans after a permit has been granted shall be submitted to the Town Board for review. Field changes shall be requested with a change order to the Town for review and approval. No field changes shall occur until the change order is approved in writing by the Town Board or authorized official.

No permit shall be transferable without the written consent of the Town Board.

The Town reserves the right to inspect all operations to verify that the terms and conditions of any permit are being complied with, and the cost of inspections shall be reimbursed by the permittee. Failure to allow access to Town personnel or their agents may result in the revocation of the permit.

The applicant shall provide inspections in accordance with the current Department of Environmental Conservation SPDES permit for stormwater discharges. Any disturbance of one acre or more shall require the filing of a notice of intent (NOI) with the NYSDEC prior to the start of work. A copy of the NOI shall be provided to the Town of Penfield, along with a copy of the approved stormwater pollution prevention plan (SWPPP).

All active excavation and fill areas shall not exceed five acres at any one time. The applicant may request a five-acre disturbance waiver from the Town of Penfield. If granted, all provisions of the current Department of Environmental Conservation SPDES permit for stormwater discharges shall be followed.

Operations and activities not exceeding the criteria established herein;

Sites subject to Town subdivision and site plan review processes, provided that the application is approved by the appropriate board or authorized official;

Activities subject to permit requirements in Article XIV, Variances and Special Use Permits, and/or a conditional use permit;

Construction, modification, or replacement of individual septic systems which do not alter the natural terrain;

Grading, filling, or excavation within the right-of-way pursuant to a permit issued by the Highway Department for work associated with utilities, road work, or other systems for public use;

Grading and trenching for utility installation, maintenance or inspections, only to the extent of any exemption from the provisions of this article required by state law and provided that plans are submitted to the Engineering and/or Planning Department and found to be acceptable; provided, however, that in no event shall the foregoing be construed to authorize any explicitly prohibited activities to be conducted within the Town;

Excavation for the purpose of constructing a cellar wall, building, or part thereof of a structure for which a permit has been issued by the Town of Penfield Building Department;

Any capital or public works improvement project authorized by the NYSDOT, Monroe County, or Town of Penfield; and

Customary agricultural operations that are not located in an Environmental Protection Overlay District (EPOD).

The authorized official shall notify the applicant, in writing, of any violations of this article. The applicant shall have seven calendar days to remedy any violations.

Any person, firm, or corporation who or which violates any provisions of this article shall be subject to the penalties set forth in § 250-15.9 of this chapter, as may be amended.