Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Elma 2-21-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 52.
Excavations — See Ch. 75.
Flood damage prevention — See Ch. 82.
Acreage lot development — See Ch. 100.
Site plan review — See Ch. 117.
Subdivision of land — See Ch. 123.
Zoning — See Ch. 144.

§ 77-1 Drainage plan required.

[Amended 7-20-2011; 8-21-2013]
A. 
Filling of lands within the Town of Elma shall require a stamped engineered drainage plan showing existing and proposed elevations, any drainage waterways, wetlands, and drainage contours in one-foot increments. After review of the proposed project and the site plan has been submitted, the Building Inspector and Town Engineer may require additional information pertaining to the site. The Building Inspector and Town Engineer may at any time require a drainage district be formed with a public hearing and Town Board approval regarding the site. Permits will only be valid for six months. The adopted fee schedule by the Elma Town Board applies for permits. The table below sets forth when a permit and above-listed requirements are required for filling of lands in the Town of Elma:
(1) 
Three hundred to 400 yards on a one to two acre site.
(2) 
Four hundred to 600 yards on a two to three acre site.
(3) 
Six hundred to 800 yards on a three to four acre site.
(4) 
Eight hundred yards on a lot greater than four acres.
(5) 
More than eight hundred yards of fill requires Town Board approval.
B. 
Exemptions to above subsection. Contractors/developers/owners of property shall not be required to obtain a fill permit when:
(1) 
The applicant already has received a final site plan approval for the project through the Elma Planning Board (must have stamped drainage plan with site plan approval).
(2) 
For a new residential house permit where a stamped engineered drainage plan is filed with the Building Department and the drainage plan has been approved by the Building Department and Town Engineer. No filling shall take place until a building permit has been issued.
(3) 
Driveways and parking lots.
C. 
The Building Inspector at any time may impose a stop-work order when there is found to be a violation of filling lands within the Town of Elma.
D. 
Fines in accordance to § 77-2 will be applied if any filling of land has taken place without approvals/permits.
E. 
Any person who is filling land must still fill out an application even though he/she may be exempt.

§ 77-2 Penalties for offenses.

Any person or entity that fails to comply with the above requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance or each load shall be considered a separate offense. Nothing herein contained shall prevent the Town of Elma from taking such other lawful action as necessary to prevent or remedy an infraction.