[HISTORY: Adopted by the Town Board of the Town of Fenton 4-3-2002 by L.L. No. 1-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 67.
Solid waste — See Ch. 119.
Subdivision of land — See Ch. 127.
Zoning — See Ch. 150.
Fees — See Ch. A154.
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:
CLEAN FILL
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.
FILL
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.
SPECIAL CLEAN FILL
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.
[1]
Editor's Note: See Ch. 119, Solid Waste, Art. I, Rubbish Removal.
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.
E. 
Special clean fill of any 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 in accordance with Subsection D of this section.
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.