[HISTORY: Adopted by the Town Board of the Town of Fenton 4-3-2002
by L.L. No. 1-2002. Amendments noted where applicable.]
A.
The Town of Fenton has found that fill and development
activities are conducted within the Town with little or no effective control
in most areas of the Town. The Town of Fenton has also found that such activities
tend to be conducted in a haphazard fashion, and that resulting changes to
the topography of the land can and often do create conditions that constitute
threats to the health, safety and welfare of Town residents.
B.
The intent of the Town of Fenton in adding this chapter
to the Town Code is to establish reasonable controls over most fill and development
activities involving the alteration of the topography of real property within
the Town so as to insure that such fill and development activities do not
create or worsen hazardous conditions.
As used in this chapter, the following terms shall have the meanings
indicated:
Uncontaminated soil, rocks, sand or gravel. Clean fill shall not
include construction or demolition materials or debris; waste materials or
garbage, as defined by the Rubbish Removal Law of the Town of Fenton;[1] or any other kind of solid waste material which might adversely
affect or injure the use of adjacent property.
Material that is brought from another location and deposited upon
real property located within the Town of Fenton. Fill shall not include material
that is moved from one location on a parcel of real property to another location.
Recognizable uncontaminated concrete and concrete products (including
steel or fiberglass reinforcing rods that are embedded in the concrete), asphalt
pavement, brick, glass, soil or rock.
A.
Clean fill may be placed within the Town of Fenton only
in accordance with the provisions of this section.
B.
Clean fill of less than 200 cubic yards in volume may
be placed upon real property within the Town of Fenton without obtaining a
permit from the Town. For the purposes of this section, clean fill deposited
over time in the same general vicinity on any particular parcel of real property
shall be aggregated for the purpose of determining whether the fill activity
exceeds the threshold of 200 cubic yards.
C.
Clean fill of more than 200 and less than 500 cubic yards
in volume may be placed upon real property within the Town of Fenton only
pursuant to a special permit issued by the Building Inspector, and only for
the purpose of filling to predetermined grades as approved by the Building
Inspector. For the purposes of this section, clean fill deposited over time
in the same general vicinity on any particular parcel of real property shall
be aggregated for the purpose of determining whether the fill activity exceeds
the threshold of 200 cubic yards. Applications for such special permits shall
be made to the Building Inspector on a form prescribed by the Building Inspector.
Any special permit issued pursuant to this provision shall not exceed one
year in duration from the date of filing of the application for the special
permit The duration of any such special permit may be extended for a maximum
of one additional year by the Building Inspector for good cause shown.
D.
Clean fill of more than 500 cubic yards.
(1)
Clean fill of more than 500 cubic yards in volume may be placed upon real property within the Town of Fenton only pursuant to a development permit issued by the Planning Board of the Town of Fenton after site plan review pursuant to § 150-47 of the Town Code. Applications for development permits pursuant to this provision shall be made on a form prescribed by the Planning Board and provided by the Building Inspector and shall include at least the following information:
(a)
Plans, in duplicate, drawn to scale and showing the nature,
location, dimensions and elevation of the area to be filled.
(b)
Existing or proposed structures located or to be located
upon the same parcel as the area to be filled.
(c)
The contours of the area to be filled.
(d)
Existing and proposed drainage facilities located or
to be located upon the same parcel as the area to be filled.
(2)
The Planning Board, in issuing any development permit
pursuant to this section, shall include such conditions as are necessary,
in the judgment of the Planning Board, to minimize and mitigate adverse effects
resulting from the fill activities.
A.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$1,000 or imprisonment not exceeding 30 days, or by both such fine and imprisonment.
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of this chapter, including but not limited
to the removal of any materials placed in violation of this chapter.
C.
A violation of this chapter shall be deemed to be an
offense.
