[HISTORY: Adopted by the Town Board of the Town of Manchester at
time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
This chapter shall be known as the "Excavation, Clearing, Grading, Filling
and Mining of Premises Local Law."
This chapter shall apply to lands lying within the Town of Manchester
outside the Villages of Manchester, Shortsville and Clifton Springs.
The purpose of this chapter is to prevent activities which may increase
the erosion rate of the site and to prevent grading of individual sites which
may have an effect on adjacent or downstream properties.
As used in this chapter, the following terms shall have the meanings
indicated:
The removal by any means, including grubbing, burning or stripping,
of the vegetative cover of the ground, or the topsoil, soil or earth, turf
and other similar substances.
All on-site operations involving the clearing and/or redistribution of the vegetative cover, topsoil, soil or earth, turf and other similar substances from their natural location, that are not conducted in accordance with an approved subdivision or site plan; not governed as an appurtenant activity by Chapter 325, Zoning, or Chapter 275, Subdivision of Land, of the Code of the Town of Manchester; and not governed under Article 23 of the New York Environmental Conservation Law, including the New York State Mined Land Reclamation Law (Environmental Conservation Law § 23-2701 et seq.). "Activities" within this definition include the use of fill or topsoil, whether originating on the premises or elsewhere, for the purpose of filling to establish grade and/or to improve the general site area.
A permit issued for clearing, grading and filling activities.
A plan showing the location of areas to be graded, filled or cleared,
and which includes, at a minimum, the property lines of the area, existing
structures and the final contours and drainage after grading, filling or clearing
activities have been completed.
The restoration to an environmentally acceptable natural state of
an area which has undergone physical change due to stripping and grading activities.
The layer of surface material which is not less than six inches deep
and which is capable of nurturing vegetation.
A.
No clearing, grading and filling activities shall henceforth
be commenced on lands within the Town of Manchester outside of the Villages
of Manchester, Shortsville and Clifton Springs except under a permit issued
under this chapter. All clearing, grading and filling activities shall obtain
approval as part of the permit application process.
B.
All clearing, grading and filling activities commenced henceforth shall be in conformity with the provisions of this chapter, Chapter 325, Zoning, or Chapter 275, Subdivision of Land, of the Code of the Town of Manchester and the design and construction standards for land development of the Town of Manchester[1] unless specifically waived by the Planning Board.
A.
Permanent removal of topsoil requires prior permission of the
Planning Board as part of the permit required by this chapter. Prior to said
removal authorization the applicant shall demonstrate that sufficient topsoil
will remain. A minimum of six inches of topsoil must remain throughout the
area covered by a permit issued under this chapter at the end of clearing,
grading or filling activities.
B.
Stripping of topsoil. No person shall strip, excavate or otherwise
remove topsoil for sale or for use other than on the premises from which the
same shall be taken except in connection with the construction or alteration
of a building on such premises and excavation or grading incidental thereto,
except as otherwise provided in the Code of the Town of Manchester.
A.
Before any clearing, grading or filling activities are
commenced in the Town, an application for a grading permit shall be filed
with the Building Department. This application can be approved by the Building
Inspector if, in his opinion, the work is limited in scope, not to exceed
one acre over a three-year period, and will not have off-site impacts. Work
which is broad in scope, having off-site impacts, or affects more than one
acre over a three-year period shall obtain the approval of the Town Planning
Board and a grading permit shall be issued by the Building Department pursuant
to the provision of this chapter.
B.
Upon filing an application for a grading permit as required
by this chapter, the applicant shall pay to the Town a nonrefundable fee established
by the Town Board.
C.
Written notice of the application being considered shall
be given to all adjacent property owners at least five days prior to the Planning
Board meeting, if applicable.
The following uses, activities and operations shall be exempt from this
chapter:
A.
All customary agricultural uses and activities.
B.
All excavation, clearing, grading and filling necessary
and applicable to subdivisions and site plans heretofore or hereafter approved
by the Town of Manchester, or any of its boards or agencies.
C.
All permitted and validly existing waste management facilities.
D.
Excavations or fill for septic systems and wells attendant
to single-family homes.
E.
Household gardening and activities related to the maintenance
of landscape features on existing developed lots.
F.
Governmental and public utility activities to the extent
such activities are exempted by law.
For activities involving an area greater than one acre, a surety in
an amount of not less than $1,000 per acre, as recommended by the Engineer
for the Town and approved by the Town Planning Board, shall be required. After
the approval of the application and before the issuance of any permit, the
applicant and each owner of record of the premises, other than the applicant,
shall jointly execute and file with the Town Clerk a letter of credit in the
amount approved by the Town Planning Board. The letter of credit or certified
check shall forth in this chapter, and provide funds for the restoration of
the property by the Town, if necessary. Surety will be administered according
to the applicable provisions as provided in the Code of the Town of Manchester.[1]
A.
The application for each permit shall be signed by the
applicant and by each owner of the premises other than the applicant and shall
include the name, address and telephone number of the applicant and the name
and address of each owner of the premises.
B.
For clearing, grading and filling activities involving
less than one acre, the application shall include five copies of a grading
sketch plan prepared by the applicant or his representative.
C.
For clearing, grading or filling activities involving
more than five acres, the application shall include five copies of a plan
prepared by a surveyor or engineer licensed in the State of New York at a
scale of one inch equals 100 feet or larger, showing the following:
(1)
North arrow.
(2)
Scale.
(3)
Boundaries of land owned by the applicant.
(4)
Proposed area to be cleared, graded and/or filled.
(5)
Physical features within 75 feet of the property boundaries.
(6)
Current land use of land in question, including zoning
districts and boundaries of county agricultural districts, and adjacent lands
in the general area.
(7)
Existing topography at contours not exceeding five-foot
intervals.
(8)
Limits of wooded areas.
(9)
Drainage features, including streams, ponds, marshes,
wetlands and drainage channels.
(10)
Existing structures and improvements.
(11)
Final grading of the area proposed for restoration at
a minimum of five-foot contour intervals.
(12)
Area where topsoil and overburden will be stockpiled
for use in restoration.
(13)
Final surface drainage path and the location and characteristics
of drainage facilities in the area proposed for restoration and in contiguous
areas.
(14)
Erosion control measures and sequence of operations.
(15)
Restoration plan.
(16)
Amount of topsoil, if any, that will be permanently removed
from the site.
D.
Upon receipt of an application for a clearing, grading
or filling permit, the Planning Board shall conduct a review in accordance
with the State Environmental Quality Review Act.[1] If the Planning Board determines that the clearing, grading and filling activities will not have a significant adverse effect on the environment and issues a negative declaration, no further review shall be required and the Planning Board may issue a permit in accordance with this chapter, including such conditions as the Planning Board deems appropriate. If the Planning Board determines that the clearing, grading and filling activities will have a significant adverse effect on the environment, and issues a positive declaration, or if the affected area is greater than five acres and the Planning Board determines that further review is required, further review shall proceed in accordance with the same process as for site plan review under Chapter 325, Zoning, of the Town of Manchester, but using the submittals under this chapter, unless the Planning Board requires additional information. After such review and completion of the environmental review, the Planning Board may issue a permit in accordance with this chapter, including such conditions as the Planning Board deems appropriate.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
In approving or denying a clearing or grading permit, the standards
and considerations taken into account shall include but not be limited to
the following:
A.
Whether the clearing and grading is in conformance to
the Town design and construction standards and in accord with the intent of
the Town Comprehensive Plan or Master Plan.
B.
Whether the activity will cause soil erosion or render
the land unproductive or unsuitable for agricultural or development purposes.
C.
Whether the activity will impair the aesthetic or natural
environment of the site or surrounding area.
D.
Whether the activity will affect the character of surrounding
land use.
E.
Whether the activity will impair the existing drainage.
F.
Whether the site can be effectively restored and revegetated.
A.
No clearing or grading activity shall be located closer
than 10 feet to a public right-of-way or adjoining property line.
B.
Any area of stockpile materials shall be sufficiently
protected to prevent erosion.
C.
Protection of existing topography and wooded areas shall
be considered as much as possible.
D.
The natural pattern of surface drainage prior to the
clearing and grading activities shall not be so changed as to adversely affect
adjacent properties and natural water bodies and streams.
E.
Finished slopes shall be based
on the Town's design and construction standards for land development.
F.
Erosion and sedimentation control measures shall be provided
to protect slopes and unstable areas from erosion and to prevent the accumulation
of silt and sediment in drainage systems, streams, water bodies and on downstream
properties.
The permit, if granted, will establish the period of time in which the
clearing and grading of fill shall be completed and time within which the
restoration must be completed. Upon due cause being shown to the approving
agent or body, an extension of time and conditions may be granted.
A.
Any person, firm, company or corporation operating or
conducting any stripping, grading or excavation in violation of any of the
provisions of this chapter and any person, firm, company or corporation assisting
in the commission of any violation of this chapter or of any conditions imposed
by the Town Board pursuant to this chapter and any person, firm, company or
corporation who shall omit, neglect or refuse to do any act required by this
chapter shall be guilty of an offense and shall be punishable by a fine of
$250 or imprisonment not to exceed 15 days, or both. Each day that such violation,
disobedience, omission, neglect or refusal continues or arises shall be deemed
a separate offense, carrying with it a fine of $50 for each additional day
the violation continues.
B.
In addition to the remedies here in above set forth,
the Town may institute any appropriate action or proceeding to prevent and
to restrain, correct or abate such violation or to prevent any illegal act,
business or use in and about such premises.
The Town Code Enforcement Officer shall have the right and authority
to issue stop-work orders to those operating in violation of the terms of
this chapter.
Upon violation of any provision of this chapter or if, upon periodic
inspection and review, activities have not been conducted in full compliance
with the terms of the permit and compliance is not effected within 10 days
after written notice of the violations to the permit holder, the permit may
be revoked by authority of the approving agent. The Town shall thereafter
also have the right to do or cause to be done such work, including restoration,
necessary to meet the terms of the permit and to recover the cost from the
permit holder and/or his surety.
A.
The applicant, in accepting the permit, shall grant to
the Town of Manchester, its officers or employees the license to enter upon
the premises at any time and without notice to determine that the provisions
of this chapter are being fulfilled and to require such work to be done as
may be necessary to meet the conditions of the permit.
B.
If the permit holder fails to restore any property governed
by a grading permit, the Town shall have the right, after providing notice
of violation and an opportunity to cure, to provide for the restoration of
the property including, but not limited to, the replacement of topsoil in
an amount of not more than six inches throughout the property, correct drainage
problems and replace vegetation. Such restoration shall occur at the expense
of the permit holder and owners of the property. If any surety provided is
insufficient to cover such costs, the costs shall be assessed against the
property.
Any person having knowledge of any violation of this chapter may file
a complaint in writing with the Town Clerk, and the Code Enforcement Officer
shall thereupon make an investigation and report his findings to the Town
Board.
Where this chapter imposes greater restrictions than are imposed by
the provision of any law, ordinance, regulation or private agreements, this
chapter shall control. Where greater restrictions are imposed by law, ordinance
or regulation of any authority having jurisdiction or private agreement than
are imposed by this chapter, such greater restrictions shall control.
Excavation operations permitted as a special permit use under Chapter 325, Zoning, of the Code of the Town of Manchester shall be regulated as set forth in § 325-28, Grading, excavating, clearing, filling and mining.
