[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 2-16-1988 as L.L. No. 1-1988. Amendments noted where applicable.]
The Village Board of Chittenango hereby enacts this chapter to regulate and control modifications of the existing topography of the land by either excavating, grading or filling.
The village enacts this chapter to protect public health, safety and welfare in order to minimize such adverse effects of excavating, grading or filling as water pollution by sedimentation of streams and ponds, unnecessary destruction of vegetation, unnecessary modification of natural topography or geological features and failure to restore construction sites to attractive natural conditions.
In addition, this chapter provides protection to people and property from such adverse effects of land disturbance as increased slope instability and landslide and slumping hazards, and provides protection to the village from having to undertake, at public expense, provisions for repairing roads and other public facilities, providing flood protection facilities and compensating private property owners for property destruction due to the adverse effects of land disturbance.
This chapter shall apply to all owners of real property in the village who propose to:
Stockpile or allow the stockpiling by others of fill on any parcel of land;
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%);
Modify, permanently or temporarily, in excess of 1/4 of an acre of the topography of any parcel of land; or
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.
- Any material capable of decomposition in subsequent years which might result in uneven settling.
- Any act by which soil or rock (material) is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- 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.
- 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.
- 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.
No excavating, grading or filling shall be undertaken unless a permit is issued therefor. Upon receipt of the application and payment of an application fee, the Building Inspector of the Village of Chittenango is empowered to issue such permit upon determination that said application is in compliance with the provisions of this chapter and complete, with all required attachments as listed in § 90-5.
The permit shall be issued or denied within 30 days after filing of the proposed application. If the Building Inspector is of the opinion that the project needs more complete review, he may, at his discretion, refer the application to the Planning Board for review and comment. If sent to the Planning Board for review and comment, the Planning Board will have an additional 30 days in which to respond.
This permit will be valid for 180 days after date of issuance.
State environmental quality review. If the proposed land disturbance meets any Type 1 thresholds listed in Part 617.12 or unlisted action criteria listed in Part 617.10 of the SEQR regulations, lead agency for the SEQR process shall be determined according to procedures outlined respectively in Sections 617.6 and 617.7 of the SEQR regulations. A determination of no significant environmental impact (negative declaration) or a draft environmental impact statement (EIS) is required to be either respectively announced and filed with the Department of Environmental Conservation or accepted as satisfactory before the grading permit application can be considered as complete for submission purposes.
Application for a grading permit shall be made to the Building Inspector on such forms as he may require and shall be accompanied by the following:
Name, address and telephone number of the owner, developer and petitioner.
A vicinity sketch that shows approximate distances and size(s) of structure(s) and proposed new structure(s) as well as adjacent properties within 500 feet of the site boundaries, showing relationship to any watercourse or drainageway.
Existing topography, showing two-foot contours of the area to be modified.
[Amended 3-27-1990 by L.L. No. 8-1990]
Location and description of any proposed structures or development on the site, including physical limits of each proposed land disturbance and all proposed and permanent soil erosion control measures.
Suitable plans for drainage.
Hours of operation and duration of proposed work, including a specific completion date.
Plans for suitable replacement of ground cover, including topsoil as required.
An agreement executed by all owners of record, in recordable form, giving right of entry to the village and/or its agents to enter upon the property and, upon failure of performance, permitting the village to complete the work as needed at the expense of the applicant.
A signed agreement between landowners allowing ingress and egress of construction equipment and personnel.
If the proposed land disturbance meets any SEQRA Type 1 action thresholds or unlisted action criteria, a completed Part I of, respectively, either the long or the short SEQR environmental assessment form.
Landowners planning such modifications of their property as covered in this chapter shall notify adjacent landowners who might be affected by the proposed project and submit proof of notice to the Building Inspector. Adjacent landowners have 15 days from proof of notice to register their concerns with the Building Inspector.
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.
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.
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.
Editor's Note: See Environmental Conservation Law § 23-2701 et seq.
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.
Excavating, grading or filling of an isolated self-contained area.
Grading permits shall not be issued where, in the opinion of the Building Inspector:
The proposed land disturbance would cause hazards to the public safety or welfare;
The work as proposed by the applicant will damage any public or private property or interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any watercourse or create unreasonable hazard to persons or property; or
The land area for which the land disturbance is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope instability or any other hazard to persons or property.
Appeal procedure. The owner or applicant may appeal a denial of permit within 30 days to the Zoning Board of Appeals. Applications and procedures for processing appeals specified in the Village Zoning Regulations of the Village of Chittenango are hereby fully adopted by reference and are applicable to such appeals. 
A grading permit shall not be issued unless the permittee shall first post with the Village Treasurer an amount equal to at least $1,000 per acre, or such additional amounts as determined by the Building Inspector, unless such amount shall be modified by the Village Board for a particular project, except in the case of a subdivision or lot development which disturbs less than one acre of land. For sites less than one acre, the Building Inspector, upon determination that the land disturbance will accelerate soil erosion, can require the permittee to post security of $1,000.
Upon failure of the permittee to perform the work in compliance with all the requirements, conditions and terms of the permit, the Village of Chittenango and/or its agents may order such work as is necessary to eliminate any dangerous conditions and to leave the site in a safe condition, and the expense of work performed shall be charged to the funds on deposit with the Village Treasurer. Any charges in excess of funds on deposit with the village shall be paid to the village by the landowner and may be collected in the appropriate manner in which such payments due the village may be collected.
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.
Any person who violates this chapter shall be guilty of an offense and subject to a fine of up to $100 or to imprisonment for a period not exceeding 30 days, or both.
Each seven-day period of continued violation after written notice thereof shall be considered a separate offense. In addition also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
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.
No excavating, filling or grading shall adversely affect drainage or structural safety of adjacent lots and buildings. No person shall grade or fill so close to the property line as to endanger any adjoining public street, sidewalk, alley or any public or private property without supporting and protecting such property from settling, cracking, runoff (including its residue) or other damage which might result.
All excavating, filling and grading shall be carried out in compliance with all the requirements of the grading permit and the requirements of this chapter.
Open excavations deeper than 10 feet or having a slope greater than 50% (one vertical to two horizontal) shall be surrounded by a fence at least six feet high with posts placed two feet in the ground and no more than eight feet to 10 feet apart and no closer than 50 feet, or as determined by the Building Inspector, to the edge of the excavation or other hazardous condition.
All fill upon which structures shall be constructed shall be debris-free stabilized fill.
The final slope of a pile of any excavated or stockpiled material shall not exceed its normal angle of repose.
Any soil, miscellaneous debris or other material applied, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares during transit to and from the site of excavating, filling or grading shall be promptly removed.
Facilities for water conveyance.
Any temporary or permanent facility designed and constructed for the conveyance of water around, through or from the site of excavating, filling or grading shall limit the water flow to nonerosive velocities.
Technical assistance for design of water conveyance structures is available through the Madison County Soil and Water Conservation Department. Requests for assistance from said Department shall be submitted in writing 90 days prior to the start of work.
Temporary soil erosion control facilities shall be removed and land disturbance area graded and stabilized with permanent soil erosion control measures. All temporary soil erosion control measures shall be maintained until permanent soil erosion controls are implemented.
The approved permit shall be available for inspection at all times at the site of the excavating, filling or grading and approved plans shall be available at the Village Clerk's office.