[HISTORY: Adopted by the Town Board of the Town of Salina 12-1-1969; amended in its entirety 8-25-2008 by L.L. No. 3-2008. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Town of Salina Excavation and Fill Law."
It is hereby declared to be the policy of the Town Board of the Town of Salina to provide for the proper use of land and to deny permission for all manner of excavations and filling which, in the opinion of the Town Board, will create pits, holes or hollows or any manner of excavation or filling which may leave the ground in a hazardous or dangerous state; may cause soil erosion, depleting the land of its natural materials; may render the land unproductive or unsuitable for agricultural purposes or undesirable for development purposes; will destroy the aesthetic and natural environment of the area and/or surrounding area; or may result in damage or destruction to drainage of the land or surrounding land.
It is also hereby declared to be the policy of the Town Board of the Town of Salina to prohibit excavation and fill in highways and other public places without a permit.
These provisions shall apply to:
Digging, grading and all other activities which would be associated with the removal or displacement of sand, gravel, rock, topsoil, turf or earth on all private property within the Town.
Digging, grading, soil removal, trenching, boring, soil testing or sampling and all other activities associated with the removal, relocation or displacement of soil, road materials or road surface within the outermost official boundaries of any highway in the Town of Salina, any easement of the Town of Salina or any special district located therein or any other public place owned by the Town of Salina or over which the Town of Salina has an easement for any purpose whatsoever.
Excepted from the requirements of this chapter are excavations or fill for the construction of a driveway, sidewalk, emergency repairs to underground utilities, on-the-farm conservation practices and where authorized by the Commissioner of Planning and Development for construction of a wall, swimming pool, building or part of a building consistent with previously approved site plans or subdivision plans.
Before any excavation or filling of more than 10 cubic yards is commenced for any purpose (other than those excepted in § 112-3B of this chapter) and sand, gravel, rock, topsoil, turf or earth is removed from the ground or placed on it, the owner or agent of the owner or lessee of the premises shall obtain a permit from the Town Board. Application for such permit shall be made, in writing, on forms provided by the Town Clerk; such permit shall be in addition to any license or permit required by the Department of Environmental Conservation of the State of New York or any other governmental agency whose primary purpose is the protection of the environment.
The submission of an application under the terms of this chapter and the issuance of a permit by the Town Board shall be deemed to be consent by the applicant to permit the Town Board, Code Enforcement or any individual or any authorized agent of the Town to inspect the premises at all reasonable times to determine whether or not the permittee is in compliance with the provisions of this chapter.
Upon receipt by any applicant of such permit pursuant to this section, the permit shall be displayed at the property site during the course of excavation or fill, as the case may be, and until completion thereof.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 203 of this Code shall be required for issuance of a permit. The SWPP shall meet the performance and design criteria and standards in Chapter 203 of this Code. The approved site conditions shall be consistent with the provisions of Chapter 203.
The Town Highway Superintendent, Engineer, Commissioner of Planning and Development and the Planning Board may submit recommendations for terms to be incorporated in such permit (including terms for excavation, filling and restoration of the premises) in order to more fully protect the health and safety of the residents of the Town of Salina, the preservation of the premises and to ensure that the proposed excavation and fill will not interfere with the drainage of or endanger any highway in the Town of Salina, any easement of the Town or any special district or any other public place owned by the Town of Salina or over which the Town has an easement for any purpose whatsoever.
The Town Board, when the application, together with all necessary supporting documents, has been submitted and upon finding the considerations of § 112-2 to be met, shall authorize the Town Clerk to issue the permit.
The Town Board may refuse to grant an excavation and fill permit where substantial interference, hazard or danger will result to existing facilities, adjoining property or to the health and safety of the residents of the Town of Salina. The Town Board may, however, authorize the issuance of a permit, subject to such terms and conditions as may be just and proper to accomplish the considerations of § 112-2.
Enforcement of this chapter shall be the responsibility of the Commissioner of Planning and Development of the Town of Salina or a duly authorized representative.
Suspension; revocation. Upon the violation of any provisions of this chapter or any other local law of the Town of Salina pertaining to the operations specified herein, the Commissioner of Planning and Development may suspend any permit issued until a public hearing is held before the Town Board within 45 days after the permit suspension at which the permittee shall be given an opportunity to be heard. After completion of the public hearing, the Town Board shall determine if such permit should be revoked.
Any person who feels or believes that the provisions of this chapter are not duly enforced or who has knowledge of existing violations shall file a complaint, in writing, with the Commissioner of Planning and Development of the Town of Salina, who shall thereupon make an investigation and report his findings to the Town Board.