[HISTORY: Adopted by the Town Board of the Town of Athens 5-18-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
Flood damage prevention — See Ch. 105.
Streets and sidewalks — See Ch. 150.
Subdivision of land — See Ch. 154.
Zoning — See Ch. 180.
Editor's Note: This local law was adopted as Ch. 190, but was renumbered in order to maintain the alphabetical organization of the Code.
The use of land for the filling, depositing or dumping of any type of earth material, topsoil, gravel, rock or other clean fill or by-products in an amount greater than 1,000 cubic yards of minerals or materials, within a one-year period, may be permitted by special permit issued by the Code Enforcement Officer, after determining that the proposal is not contrary to the zoning district uses and the current Comprehensive Plan approved by the Town Board.
Exemption. The use of land for the filling, depositing or dumping of any type of earth material, topsoil, gravel, rock or other clean fill or by-products is permitted without a permit in an amount less than 1,000 cubic yards within a one-year period.
Fees. Fees for the special permit application set forth in Subsection B shall be determined from time to time by resolution of the Town Board.
Preemption. Nothing herein shall be deemed to regulate the use of land for mines, mining and/or reclamation as defined in and governed by Article 23, Title 27, of the Environmental Conservation Law and/or as defined in Title 6 of the New York State Compilation of Codes, Rules and Regulations.
Topographic plan. The applicant shall submit a topographic plan drawn at a scale of not less than 50 feet equals one inch and shall show existing and proposed grades and topographic features and such other data as may be required by the Code Enforcement Officer.
Bond. The Code Enforcement Officer and the Town Highway Superintendent shall together determine if a bond is required. The amount of the bond shall be as established by the Code Enforcement Officer and the Town Highway Superintendent as being sufficient to rehabilitate the property upon default of the operator of the filling operation and/or damage to roadways and to cover legal fees, court costs and other reasonable expenses. The bond shall not be released until the land and roadways have been restored to conform to the approved plan.
Standards for review. Any proposed operation shall be designed and constructed in accordance with the determination of the Code Enforcement Officer in order to meet the following:
Soil limitations and stability. Developers or other land users are to permanently overcome all limitations of soils with moderate and severe limitation so that no detrimental effect will occur to local units of government or future owners. Land use is to be confined to soils that are not subject to slippage or other conditions of soil instability.
Water resource areas. The environmental quality of water, lakeshores and stream banks is to be conserved.
Groundwater resources. Land use is to be planned so as to maintain or enhance the quality and quantity of groundwater resources. Significant recharge areas must be protected.
Wetlands. The significance of wetlands shall be carefully evaluated by the Code Enforcement Officer prior to disturbing the natural state of wetlands. No such disturbance shall occur without the issuance of any necessary permits by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers.
Natural environmental features. A sufficient amount of natural environmental features is to be protected to maintain the character of the area.
Roadways. Potential damage to adjoining roadways is to be minimized.
The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Code Enforcement Officer in the enforcement or administration of this chapter.
Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
Pursuant to the powers granted by the Municipal Home Rule Law, this chapter supersedes all provisions of the Town Code in so far as such statutes are inconsistent with this chapter, and any other laws or regulations of the Town of Athens are superseded to the extent necessary to give this chapter full force and effect.