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Pittsford Town City Zoning Code

ARTICLE XXVIII

Landscape Alteration and Drainage Permits

§ 185-183 Purpose.

The purpose of this article is to protect and preserve the environment in the Town by regulating the excavating, grading, regrading, landfilling, berming or diking of any property, the removal of certain trees and any other actions affecting land that may adversely affect the environment.

§ 185-184 Applicability.

This article shall apply to all lands in the Town which have not been granted final subdivision approval or final site plan approval and which do not have a Town-approved grading plan.

§ 185-185 Permit required; exemptions.

A. 
When required. Unless specifically exempted in this section, a landscape and drainage alteration permit shall be obtained from the Commissioner of Public Works prior to the commencement of any excavating, grading, regrading, landfilling, berming, diking or the installation or modification of any drainage swale, channel or pipe of any land within the Town and prior to the removal of any trees with a diameter in excess of three inches at a point 4 1/2 feet above grade.
B. 
Exemptions. A landscape alteration permit shall not be required for the following activities:
(1) 
Agricultural and farming operations which constitute the principal use of any lot or tract of ground.
(2) 
Customary and incidental routine grounds maintenance, landscaping and gardening which does not affect stormwater drainage entering or leaving any public right-of-way.
(3) 
Emergency repairs of a temporary nature which are necessary for the preservation of life, health or property and which are made under such circumstances as to make it impossible or impractical to obtain a landscape alteration permit.
(4) 
Lands for which a floodplain development permit has been issued pursuant to Chapter 95 of this Code.

§ 185-186 Permit application process.

A. 
An applicant for a landscape and drainage alteration permit must deliver to the Town Department of Public Works the following documents:
(1) 
Application on Town form.
(2) 
Plan of work to be done.
(3) 
Completed environmental assessment form (EAF) for SEQRA review.
B. 
The Commissioner of Public Works shall, within five working days, notify the applicant whether or not the permit will be approved, approved with conditions or disapproved. If the permit is disapproved, the reasons for the disapproval shall be stated.
C. 
The applicant shall have the right to appeal any approval with conditions or disapproval to the Zoning Board of Appeals.

§ 185-187 Issuance for violations.

A. 
The Commissioner of Public Works, or his designated agent, shall issue a stop-work order to any person acting in violation of this article.
B. 
Such order, posted at the work site, shall be sufficient notice to require such violator to immediately cease work on the site until a landscape and drainage alteration permit has been obtained, or the provisions of § 185-184 have been satisfied.

§ 185-188 Restoration of site.

Notwithstanding the provisions of § 185-187, the Commissioner of Public Works may require such violator and/or the owner of the property to restore the site as nearly as possible to its previous condition if the Commissioner determines such action is required to prevent further damage to the site or the environment in general.