[HISTORY: Adopted by the Grand Island Town Board 3-6-2000 by L.L. No. 1-2000 (Ch. 15 of the 1963 Code). Amendments noted where applicable.]
Except in conformity with a grading permit issued under the provisions of this chapter, there shall be no excavating, mining, grading, regrading or filling of land in the Town of Grand Island, New York.
This chapter shall not apply to regrading or filling of land for the following purposes:
The construction of a building or part thereof pursuant to a valid building permit or construction/replacement/repair of a septic system.
The construction of nondrainage infrastructure (water, sewer, electric or telecommunications lines, roads, streetlights) improvements pursuant to a valid public improvement permit.
The regrading (including excavating) or filling of land where such activity will involve less than two cubic yards per thousand square feet of gross lot area, or 60 cubic yards of material, whichever is less, at a site over a period of 12 successive calendar months, provided that such work does not cause a danger of surface waters flooding adjacent property and no stream, watercourse or floodway is filled or diverted from its course.
Before any excavating, regrading or filling of land subject to this section is commenced, and/or topsoil, earth, sand, gravel or other substance is brought to be relocated on the site, the owner or lessee of the site or agent thereof shall obtain a grading permit from the Building Department of the Town of Grand Island.
An application for a grading permit shall be submitted to the Town Building Department, with the appropriate fee as determined by the adopted fee schedule of the Town of Grand Island, and shall include a detailed statement of quantities of fill material involved, a proposed work plan and such other information as may from time to time be required, including, without limitation, an environmental assessment form, site plan approval from the Town Board and copies of any other regulatory permits. The statement of quantities involved and the proposed work plan shall state and show the exact condition of the plot or premises before and after proposed work.
The proposed work plan must show the drainage system to be installed by the applicant to insure proper surface drainage of the site and adjacent property at all times during and after completion of work. The statement of quantities involved and the proposed work plan must be prepared by a licensed professional engineer or land surveyor.
Every application for a grading permit shall be accompanied by a topographic site plan drawn to a scale of not less than one inch equals 50 feet, showing lot lines and dimensions, the street or streets on which the site occupies frontage, contours of existing ground at intervals of one foot, or spot evaluations on a fifty-foot grid, based on United States Coast and Geodetic Survey datum, existing buildings and utilities, existing and proposed drainage systems and cross-sections at one-hundred-foot intervals extending from the center line of the frontage street to 25 feet beyond the property limits of the site. Such cross-sections shall indicate elevations, at intervals of 50 feet, of both existing and proposed ground surfaces. The applicant shall also furnish a sworn consent, in writing, of the owner of the site, including his address. Proof shall be furnished that all taxes and assessments against the site have been paid to the date of application.
As used in this chapter, the following terms shall have the meanings indicated:
- Particles not ordinarily considered fly ash or dust because of their greater size, consisting essentially of fused ash and/or unburned matter.
- The permanent relocation to topsoil, earth, gravel or other fill from one place to another.
- FLY ASH
- Particulate matter capable of being gasborne or airborne and consisting essentially of fused ash and/or burned or unburned material.
- GRADING OR REGRADING
- The excavating, leveling, removing, moving or sloping of topsoil, earth, gravel or other fill.
- The premises where filling or regrading shall be performed.
- SOLID WASTE
- Any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342, as amended (86 Stat. 880).
No grading permit shall be issued unless:
The Town Engineer determines that the proposed filling or regrading activity ensures proper surface drainage of the site and adjacent properties at all times during and after completion of the work. No grading work shall cause a danger of surface waters flooding adjacent property, and no stream, watercourse or floodway will be filled or diverted from its course. To the extent that surface waters are redirected to property adjacent to the site in violation of an approved site plan, the owner or lessee of the site shall be ordered to correct any problem caused by such redirected surface waters as the Town Engineer may require;
Adequate barricades are erected and maintained;
Adequate provisions, including the application of "dust down" or its equal, are made for the prevention of release of suspended particulate matter into the ambient air;
Any filling or regrading material is clean, nonburnable fill containing no garbage, refuse, offal, fly ash or any deleterious, toxic, hazardous or unwholesome matter. No material which constitutes solid waste may be used as fill;
An erosion/sedimentation control plan is prepared and implemented in accordance with the New York State Guidelines for Urban Erosion and Sediment Control, for filling or regrading areas of one acre or more; and
A revegetation plan, which includes site grading, placement of not less than four inches of topsoil, seeding, fertilization and mulching, is prepared and implemented.
Before the issuance of a grading permit, the Town Board may require the applicant and/or the owner of the site to execute and file with the Town Clerk a bond, approved by the Town Board of the Town of Grand Island, in the amount to be fixed by the Board but not less than $10,000, with a surety company as surety, and conditioned for the faithful performance of the provisions of this chapter and the conditions or the grading permit, the observance of all municipal ordinances or local laws and to indemnify the Town of Grand Island and/or the Superintendent of Highways for any damage to Town property caused by the applicant. In the event of a default, such bond shall be forfeited to the Town of Grand Island.
Said bond shall remain in full force and effect until a certificate of compliance has been issued by the Town Code Enforcement Officer, certifying to the fact that all provisions of this chapter and conditions of the grading permit have been fully complied with. Application for such certificate of compliance shall be made by the applicant, owner, lessee or his agent, on forms provided by the Town of Grand Island, and shall require a certification prepared by a duly licensed engineer or land surveyor of the State of New York that the regrading or filling was completed in general compliance with the provisions of this chapter and conditions of the grading permit.
Violation of this chapter shall be a misdemeanor. Each violation shall be a separate offense. Every violation of the provisions of this chapter shall be punishable by a fine not to exceed $1,000 or by imprisonment for not more than one year or by both such fine and imprisonment.