This chapter shall apply to all owners of real property in the village
who propose to:
A. Stockpile or allow the stockpiling by others of fill
on any parcel of land;
B. Modify, permanently or temporarily, the topography of
any parcel of land either by more than three feet in elevation or by causing
a slope greater than one vertical to three horizontal (331/3%);
C. Modify, permanently or temporarily, in excess of 1/4
of an acre of the topography of any parcel of land; or
D. Fill in or otherwise obstruct a drainageway for surface
water runoff.
For the purpose of this chapter, certain words and terms used herein
are defined as follows:
ACCELERATED SOIL EROSION
The loss of any soil material that occurs as a result of human activity,
stormwater, meltwater or other runoff affecting areas disturbed by human activity
either on or off site.
DEBRIS
Any material capable of decomposition in subsequent years which might
result in uneven settling.
EXCAVATION
Any act by which soil or rock (material) is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
FILL
A deposit of soil or rock material placed or replaced by a person
or machine which raises an existing elevation.
GRADE OR GRADING
Any stripping, excavating, filling, stockpiling or any combination
thereof, and shall include the land in its excavated or filled condition.
GRADING PERMIT
A permit issued to authorize work to be performed under this chapter.
ISOLATED SELF-CONTAINED SITE
A site in which existing and proposed surface and subsurface drainage
is not directed onto adjacent public or private property.
SITE
Any lot or parcel and/or combination of contiguous lots or parcels
of land where excavating, grading or filling is performed.
SOIL EROSION
The loss of soil material as a result of excessive rates of flow
of runoff water.
SOIL EROSION CONTROL FACILITY
A facility or measure placed or constructed as necessary for the
successful control or abatement of accelerated soil erosion.
STABILIZATION
The proper placement, compacting, grading and/or covering of soil
or rock to ensure its resistance to soil erosion, sliding, slipping, subsidence,
undercutting or other earth movement. Stabilizing material shall be approved
rock material, vegetative cover or a combination thereof.
For the purpose of this chapter, the following activities are exempt
from the permit requirement herein. Permit exceptions shall not be construed
as exemptions from any other provisions of this chapter and shall not be construed
as exemptions from enforcement procedures if excepted activities cause or
result in a violation of this chapter.
A. Excavating, grading or filling that is incidental to
construction and repair carried out pursuant to the issuance of a building
permit issued by the Building Inspector of the Village of Chittenango.
B. Excavating, grading or filling which comes under the
regulations of the New York State Mined Land Reclamation Law, where a reclamation plan has been approved by the New York State
Department of Environmental Conservation or other regulatory agency. The requirements
of other village laws will still apply.
C. Excavating, grading or filling proposed as part of a
subdivision project when such project falls under the provisions of the Village
of Chittenango Land Subdivision Regulations.
D. Customary agricultural activities such as plowing, earth
removal for trench silos and land improvement activities carried out in conformance
with a farm plan approved by the Madison County Soil and Water Conservation
District. This exemption shall not extend to surface or subsurface materials
removed from agricultural lands for sale in a commercial operation.
E. Excavating, grading or filling of an isolated self-contained
area.
The Building Inspector shall examine the site prior to the work's
commencing, during the operation and at the completion to ensure that the
work was performed according to agreed specifications. If the Building Inspector
finds any existing conditions of the natural ground surface not as stated
in the application for the grading permit as approved, the Inspector may refuse
to approve further work until a revised permit application has been made and
approved. The Building Inspector may issue a stop-work order on the remaining
portion of construction.
If the permittee is unable to complete the work within the time specified
on the special use permit, the permittee may, prior to the expiration of the
permit, present in writing to the Building Inspector a request for an extension
of time, setting forth the reasons for the requested extension. If, in the
opinion of the Building Inspector, such an extension is warranted, the Inspector
may grant additional time for the completion of the work.