[HISTORY: Adopted by the Board of Trustees of the Village
of Depew 10-9-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any garbage, rubbish, refuse, trash, material containing
vegetable or organic matter of any kind, toxic or chemical wastes,
man-made industrial waste and sludge, discarded motor vehicles, trailers,
roots or stumps, tree limbs, building material construction and demolition
material, concrete, blacktop, rubble, house parts, sand gravel, rock
or soil.
A.
No person, individual, firm, corporation, partnership, association,
society or group shall dump or dispose of materials outside of permitted
sanitary landfills unless a permit for same has been applied for and
issued by the Public Works for the Village of Depew, pursuant to this
chapter, on any lot or parcel of land within the Village of Depew,
whether said land is vacant, improved or unimproved in nature, excepting
those activities as follows:
(1)
Agricultural or horticultural activities, which, where properly zoned,
involved the regular and customary deposition of materials on the
ground.
(2)
Depositing of dredged and excavated materials and fill by the Village
of Depew Department of Public Works where the Superintendent determines
that the placement of said materials will not affect any stream, creek,
or drainage system nor the floodway thereto.
(3)
Depositing of topsoil not materially altering the existing grades
and for landscape purposes.
(4)
Activities, where properly zoned, which involve the dumping and deposition
of materials as a regular and customary activity (i.e., quarries).
B.
No person, individual, firm, corporation, partnership, association,
society, or group shall dump or dispose of any materials into the
streambed of any drainage ditch, creek, stream, waterway or watercourse
of any nature or into any area designated as a floodplain, unless
permitted by the Superintendent of Public Works. The Village of Depew
retains the right to regulate the height of the material being dumped
or deposited in a landfill area.
Any individual or entity seeking to bring in materials for dumping
shall do so in accordance with the procedure set forth hereto:
A.
Each person, individual, firm, corporation, partnership, association,
society or group shall obtain an application from the Village Clerk.
B.
The application shall require such information that includes, but
is not limited to the following: identification of property owner,
location and description of fill site along with the purpose and extent
of filling, the zoning classification of the site, expected duration
of filling and type of fill, and identification of streams, ditches
and floodplain areas.
C.
A site plan and topographical plan of the fill area shall be included
in accord with specifications set out in the application, if requested
by the Superintendent of Public Works.
D.
The application shall be submitted to the Village Clerk along with
nonrefundable processing fee.
E.
The application shall be forwarded, if deemed necessary by the Superintendent
of Public Works, to the Building Inspector and Village Engineer.
The Superintendent of Public Works shall review each individual
application for dumping and approve or deny the same. The Superintendent
shall inform the Village Board of Trustees of all requests.
Enforcement of this chapter shall be delegated to the Superintendent
of Public Works, the Police Department, and any other person hereinafter
authorized by the Village of Depew Board of Trustees.
Any person found violating any provision of this chapter shall
be subject to a fine or penalty of $250 for each incident of unauthorized
dumping.
Any permit granted hereunder may be revoked at any time whenever,
in the opinion of the Superintendent of Public Works or Village Engineer,
such permit holder has violated the terms of the permit, created hazardous
conditions, or the continuation of dumping at the fill site would
endanger the health, welfare, or safety of the public; provided, however,
that no such permit shall be revoked except after a public hearing
before the Board of Trustees of the Village of Depew, after notice
of said hearing and the purpose thereof shall have been sent to the
permit holder at least 10 days prior to the date of said hearing,
at which hearing any person interested in said fill site shall have
the right to be heard.
