[HISTORY: Adopted by the Town Board of the Town of Webster 6-24-1971 as L.L. No. 2-1971. Amendments noted where applicable.]
This chapter shall be known as the "Town of Webster Landfilling Law."
Dumping and deposit of refuse, rubbish, dirt, waste materials and other objects and substances is absolutely prohibited in any and all parts of the town and/or streets or highways therein, or in any of the streams, tributaries, lakes, bays or waterways, within the Town of Webster, except as otherwise provided herein.
Dumping for the purpose of filling to establish grades may be done in any case where a building permit has been issued for the construction of a building upon submission of plans to the Building Official in accordance with § 86-13 of the Code of the Town of Webster. No such dumping shall be permitted after the building is completed and a certificate of occupancy is issued, except to establish final grades shown on plans previously filed, unless a permit therefor is issued pursuant to this chapter.
Where no building permit has been issued, no dumping for purposes of filling to establish grades shall be done unless the owner of the property to be filled shall have been issued a permit therefor by the Town Board, as hereinafter provided.
Application for permits to fill land shall be made by the owner of the property to be filled on forms furnished by the Building Official.
Each application shall be accompanied by a plot plan drawn to scale, showing all existing and proposed finished grades, the location of any streams, culverts or drainageways, all buildings, public highways or private drives and the names and addresses of every abutting landowner. Where he deems it necessary, the Building Official may require such plot plan to be prepared by a licensed engineer or land surveyor.
Upon receipt of the application, the Building Official shall inspect the premises and submit a written report of the effect, if any, the proposed filling will have on adjoining properties, with particular attention to any drainage problems that may occur.
[Amended 8-10-1978] Upon presentation of the application, together with necessary plans and the report of the Building Official, the Town Board shall issue a permit if it shall find that:
The proposed filling will not adversely affect the use and enjoyment of abutting properties, and the proposed grades are consistent with the development and use of properties in the general area.
The proposed filling will be accomplished in such a manner as to not create any undue traffic hazard on any public highway or endanger the lives or property of the neighboring property owners.
The material used in such filling will be suitable for any proposed use of the land and will not be dangerous, obnoxious or offensive to neighboring residents and properties.
If any of the proposed fill is within the right-of-way of any town, county or state street or roadway, that a permit for work within the highway limits has been issued by the appropriate authority.
The proposal is reasonable and necessary; will not endanger the health, safety and welfare of the people of the Town of Webster; and that it will not cause unreasonable, uncontrolled or unnecessary damage to the natural resources of the state, including soil, forest, water, fish and aquatic resources. In acting on such an application, the Town Board shall take into consideration natural landmarks, glacial and other physical features, streams and their floodplains, swamps, marshlands and other wetlands, unique biotic communities and scenic or other open areas of natural or ecological value.
No dumping shall be permitted in any navigable waters of the State of New York or of the United States unless a permit therefor has been issued by the appropriate federal or state agency. Upon presentation of such necessary permit, the Building Official shall issue a permit for such filling and no reference to the Town Board shall be required.
The Town Board may impose such conditions or requirements upon the issuance of a permit as it deems necessary or proper to assure faithful compliance with its laws and regulations, including a performance bond in an amount not to exceed $2,500 for any fill larger than 3,000 cubic yards.
All material dumped pursuant to a permit issued as herein provided must be leveled off as soon as deposited and, when filling is completed, shall be covered with at least one foot of clean earth within 30 days thereafter, except as otherwise provided by the Town Board with the issue of the permit.
The owner of the property to be filled shall be held responsible by the town for all operations pursuant to the permit issued. He shall be fully responsible for all actions by any contractor or operator who shall dump or deposit fill on his property.
No property owner shall permit, condone, accept or suffer the deposit or dumping of dirt, rock or any other material on property owned by him for any purpose unless a permit therefor has been issued as provided herein, nor shall he permit the dumping or depositing of any materials, objects or substances not specifically authorized by his permit.
Where the land has been filled to a depth greater than five feet, the Building Department shall keep a permanent record of such fill and the location thereof. Any person applying for a building permit may request a search of such records to determine if there has been any deep fill in the area of the proposed construction.
A permit issued pursuant to this chapter shall be valid for six months and may be renewed by the Building Official after complete review of all plans and an examination of work accomplished and proposed, provided that application is made at least 10 days prior to the expiration date of the permit, for an additional period of six months upon payment of such additional fee as shall be set by the Town Board.
A person who shall dump or fill to establish grades or who shall be the owner of property who shall knowingly permit, condone, accept or suffer the dumping of any material on land owned by him in violation of any of the provisions of this chapter shall be guilty of an offense punishable by a fine not to exceed $100 or 15 days in jail. Each load of fill dumped in violation of this chapter shall constitute a separate offense.