[Amended 11-23-2015 by L.L. No. 5-2015; 6-22-2020 by L.L. No. 2-2020]
A. The depositing of any type of fill materials on land located in the
Town of Ontario is hereby prohibited except in conformity with the
provisions of this article.
B. Provided, however, that the provisions of this article shall not
apply to the following:
(1) Clean fill necessary for the construction of a building or a structure
for which a building permit has been issued;
(2) The location of public utilities, pipes and mains, including sewerage
lines;
(3) Grading for subdivisions or for the construction of driveways or
sidewalks;
(4) Sites subject to Town subdivision and/or site plan review processes,
provided that the application is approved by the appropriate Board;
(5) Construction, modification, or replacement of individual septic systems
which do not alter the natural terrain;
(6) Grading or fill within a right-of-way pursuant to a permit issued
by the Town, county, or New York State Highway Department for work
associated with utilities, road work, or other systems for public
use;
(7) Grading and fill for utility installation, maintenance or inspections,
only to the extent of any exemption from the provisions of this article
required by state law and provided that plans are submitted to the
appropriate Town Department and found to be acceptable; provided,
however, that in no event shall the foregoing be construed to authorize
any explicitly prohibited activities to be conducted within the Town;
(8) Fill for the purpose of constructing a cellar wall, building, or
part thereof of a structure for which a permit has been issued by
the Town of Ontario Building Department;
(9) Any capital or public works improvement project authorized by the
NYSDOT, Wayne County, or the Town;
(10)
Customary agricultural operations that are not located in an
Environmental Protection Overlay District (EPOD);
(11)
Agricultural and farming operations which constitute the principal
use of any lot or tract of ground;
(12)
Customary and incidental routine grounds maintenance, landscaping
and gardening which does not affect stormwater drainage entering or
leaving any public right-of-way; and
(13)
Emergency repairs of a temporary nature which are necessary
for the preservation of life, health or property and which are made
under such circumstances as to make it impossible or impractical to
obtain a permit.
C. A one-time permit per parcel may be obtained from the Code Enforcement Officer for a fill not excepted by the provisions of Subsection
B of this section, provided that such fill shall not be greater than 500 cubic yards. Any such application shall fully include and comply with the following:
(1) The name and address of the applicant and owner of the premises;
(2) A tape location or instrument survey map of the parcel showing area
of excavation;
(3) The area of fill shall have no adverse impact on any adjoining property;
(4) All fill areas shall be properly seeded;
(5) The parcel shall be a minimum of 18,000 square feet;
(6) The application and map shall be submitted to the Code Enforcement
Officer. Upon review and recommendation by the Highway Superintendent,
Stormwater Management Officer, and/or the Town Engineer, at the discretion
of the Code Enforcement Officer, the permit shall be approved or denied
by the Code Enforcement Officer within 14 days of the submission of
the application; and
(7) The approval of an application shall be for a three-month period
with only one renewal of three months.
Before any fill operation is commenced for any
purpose, other than those excepted in 75-11 of this article, the owner,
agent of the owner or lessee of the premises shall obtain a permit
therefor from the Town Board. The permit shall be applied for in writing
on an application form signed by all owners of the property and shall
include or be accompanied by the following:
A. The name and address of each of the owners of the
property.
B. A survey map of the property showing the property
lines and existing topographic features, including contours, trees,
ponds, marshes, utility easements, rights-of-way, existing land uses,
zoning, ownership of surrounding property and existing streams, watercourses
and natural drainage areas.
C. A statement setting forth the present elevation of
the area proposed to be filled and to what elevation the applicant
proposes to fill in said area.
D. A statement concerning whether any of the property
to be filled or any property contiguous thereto and within 100 feet
of the proposed property to be filled is located within a wetland,
swamp, marsh area or floodplain area delineated by any agency of the
federal, state, county or local municipal governments. If the proposed
property to be filled lies within a wetland, swamp, marsh area or
floodplain or within 100 feet of such an area, the applicant must
first secure whatever approvals may be necessary from the Town of
Ontario under any other Town laws, ordinances or regulations relating
to operations in such areas, as well as approval from the New York
State Department of Environmental Conservation and any other federal,
state or county authority having jurisdiction over such operation
and shall attach copies of all such approvals to the application.
E. A statement indicating the proposed use of the property
upon completion of the fill operation.
F. A nonrefundable filing fee, which fee shall be in
accordance with the schedule of fees established from time to time
by resolution of the Town Board.
Upon the filing of the application, the Town
Board shall examine the same for completeness and, if found in proper
order, shall conduct a hearing thereon upon 10 days' notice to the
applicant. At such hearing, the Town Board shall afford the applicant,
as well as any other interested party, an opportunity to be heard
on the application.
In granting or denying any application for a
fill permit, the Town Board shall consider, among any other issue
it may deem relevant, either from its own knowledge and investigation
or from testimony or other information submitted to it, the following
matters as the same are relevant to the application being considered:
A. Whether the proposed fill operation will be a nuisance
in law or in fact; whether it will be noxious, offensive or injurious
by reason of production or emission of dust, smoke, refuse, poisonous
substances, odors, fumes, noise, radiation, vibration, unsightliness
or similar conditions; and whether it will contaminate waters.
B. The effect of the proposed fill operation on the orderly
development and character of the neighborhood of the proposed operation
and upon the development and conduct of other lawful uses in the vicinity.
C. Whether the proposed fill operation will create hazards
or dangers to persons in the vicinity.
D. Whether the proposed fill operation will have any
effect upon the environment and specifically upon natural wildlife
or waterfowl areas, marshes, swamps or wetland areas.
E. Whether the proposed fill operation will adversely
affect any natural drainage of floodplain areas which may exist in
or about the proposed fill area or whether such operation would affect
the general water quality within such area.
F. Whether the proposed fill operation will divert, eliminate
or in any way affect any natural streams, ponds or waterways in or
about the area.
G. Whether the proposed fill operation would be within
the general welfare and public interest of the residents of the surrounding
area and of the Town of Ontario in general.
H. What conditions, restrictions and safeguards may be
necessary if it is determined that the application should be granted
to protect property values in the vicinity of the proposed fill area
and for the protection of health, safety, morals, peace and general
welfare of the community and of the public.
The following conditions, together with any
other conditions which may be imposed by the Town Board in granting
any application for a fill permit, shall apply to any fill permits
issued under this article.
A. Only stone, brick, building block, gravel, clean fill
dirt and topsoil shall be used as fill material. All other materials
are prohibited.
B. The person receiving such permit must keep the material
deposited leveled off as soon as deposited and, when filled in and
completed, shall cover said material with at least 12 inches of clean
earth within a reasonable time thereafter, except that the Town Board
may require in any permit issued a plan for the cover of the filled-in
areas as the fill operation progresses.
Upon approval of the application by the Town
Board and prior to issuance of any permit hereunder, the applicant
and/or the owner of record of the property shall:
A. File with the Town Clerk an easement in a form satisfactory
to the Town Board giving the Town of Ontario the right to have officers
or employees of the Town enter on the premises to enforce the provisions
of this article and to require such work to be done as may be necessary
to meet any conditions in the permit imposed by the Town Board.
B. Execute and file with the Town Clerk, if required
to do so by the Town Board, a bond to be approved as to form, manner
of execution and sufficiency of surety by the Town Attorney, in a
sum to be determined by the Town Board. In the alternative, a cash
deposit may be required, the sum to be determined as aforesaid.
(1) Such bond or cash deposit shall be surety and condition
for the faithful performance of the conditions in this article and
the observance of all other applicable ordinances and laws and the
conditions of the permit. The principals and surety or, in the event
of a cash deposit, the principals shall agree to indemnify and save
harmless the Town of Ontario and the Superintendent of Highways of
said Town from any and all damage to property of said Town which may
be caused by the contemplated filling or any operation in connection
therewith. In the event of default of compliance with the conditions
of this article and other applicable ordinances and laws and the conditions
of the permit, such bond or cash deposit shall be forfeited to the
Town of Ontario.
(2) Such bond or cash deposit shall continue in full force
and effect until a certificate of compliance shall have been issued
by the Town Clerk to the effect that all provisions of this article
and other applicable ordinances and laws and the conditions of the
permit have been met.
Permits shall be granted for a period of six
months only. The applicant may apply for additional six-month permits
pursuant to the procedures set forth in this article, and the Town
Board shall consider any such further application in the same manner
as the original application.
Filling operations being conducted at the time
this article becomes effective may continue for the unexpired portion
of the period for which the permit was issued. The owner, lessee or
operator shall thereafter be required to apply for and obtain a permit
under this article prior to commencement of the fill operation.
Any permit issued hereunder may be revoked,
after a hearing held upon 10 days' written notice to the holder thereof,
upon a determination by the Town Board that any condition in this
article or of other applicable regulation or laws or any conditions
of the permit have not been complied with, and the bond executed by
the holder of said permit and filed with the Town Clerk, or the cash
deposit, shall be forfeited and used to remedy the default or violation.