[HISTORY: Adopted by the Town Board of the
Town of Kent 12-5-2023 by L.L. No. 5-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 63, Soil
Removal, adopted 8-24-1970, as amended.
The purpose and intent of this chapter, its supplementary land
development requirements and standards are as follows:
A.
To ensure that excavation will be conducted in a manner that will
protect residential and local business areas and other land uses and
the value of land from potential adverse impacts.
B.
To limit the amount of excavation to the minimum required for site
preparation, preserving, insofar as possible, the topographical beauty
of the community, including the character of the existing landscape,
its knolls, hills, and ridgelines and other aspects of the Town's
natural environment.
C.
To limit the amount of material that may be removed from a site and
establish clear standards and requirements for the planned phasing
of areas of excavation to avoid the creation of a disturbed, barren
area of land that is not consistent with the Town's natural environment
and rural, residential character.
D.
To prevent the adverse effects of disturbed land, such as stormwater,
erosion and sedimentation, and pollution from affecting the community's
watershed, watercourses, water bodies and wetlands, and other natural
resources.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation or the
construction of new structures associated with agricultural activities.
Any activity that removes the vegetative surface cover.
A drawing, or set of drawings, with general information sufficient
to adequately describe the existing conditions of the site and the
proposed excavation and development. This information shall include
data on existing land characteristics (slopes, wetlands, rocky areas,
etc.), available utilities, and the proposed general layout, timing,
and phasing of development, including buildings, parking, driveways,
pedestrianways, generalized landscaped areas and other improvements,
and general limits of disturbance.
Any action which is harmful or damaging.
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil, rock and/or vegetation, including,
but not limited to, clearing draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land, including the construction of individual sidewalks, paths, roads,
or driveways. The condition of land disturbance shall be deemed to
continue until the area of disturbance is returned to its original
state or to a state complying with a permit for such disturbance granted
in accordance with this chapter.
The disturbance or removal of material, including soil, rock
and/or minerals from land for the purposes of site preparation for
land development and construction projects, regardless of whether
those materials are retained on the site or removed from the site.
A drawing, or set of drawings, with detailed information
as set forth herein, to fully demonstrate the existing conditions
of the site and the proposed excavation and phased development. The
information and plans shall include data on existing land characteristics
(topography, wetlands, rock outcroppings and ledge areas, etc.), available
utilities, and the proposed general layout, timing, and phasing of
development, including buildings, parking, driveways, pedestrian ways,
generalized landscaped areas and other improvements, limits of disturbance,
and corresponding grading, drainage, erosion and sedimentation control
and other measures to be demonstrated on phased development plans.
All naturally formed, usually inorganic, solid material located
on or below the surface of the earth. For the purposes of this chapter,
peat and topsoil shall be considered minerals.
The extraction of soils, rock (overburden) and minerals from
the earth, and the removal of such materials from the site through
sale or exchange or for commercial, industrial, or municipal use.
Activities associated with the processing of such materials, if permitted,
must comply with the conditions of any permit granted in accordance
with this chapter.
Any mechanical manipulation of material, including crushing,
screening, blending, washing, and any procedure which changes the
size of the particles or the particle size distribution or gradation
from in-situ characteristics. Processing also includes any mechanical
and/or thermal combining or blending of materials from one or more
sources in order to manufacture a product with certain specification
requirements. Processing shall not mean simply excavating and loading
earth material directly into a transport vehicle.
The act of bringing back to a former condition and function.
Topsoil shall consist of friable surface soil reasonably
free of grass, weeds, sticks, stones, or other foreign materials.
A.
Mining, as defined under this code, is prohibited in the Town of
Kent.
B.
The amount of material to be removed from the subject site shall
not exceed 950 tons or 725 cubic yards, whichever is less, during
12 successive calendar months.
C.
Excavation, as defined under this code, shall be permitted in accordance
with the following:
(1)
Any individual or entity proposing to excavate a total collective
area of 80,000 square feet or more of the surface area of a site which
will result in a change in the average existing, natural grade (topography)
of four feet or more in any area defined by a rectangle of 10,000
square feet, minimum dimension of 100 feet per side and involving
the displacement of 1,500 cubic yards or more of material within the
Town of Kent shall prepare an application as delineated hereinbelow
for an excavation permit.
D.
Excavation is permitted under the following conditions:
(1)
A special use permit for excavation has been issued by the Town Board
according to the procedures outlined below.
(2)
The approved plan shall be for the phased development of the site
for uses which are principal permitted uses or permitted special uses
in the underlying zoning district.
(3)
For excavation projects, the approval specifically includes a phased
implementation plan which balances phases of excavation and phases
of land development so as to avoid excavation of the entire site prior
to establishment of the approved use. The phasing plan shall be backed
by a performance bond.
(4)
The excavated material shall be the minimum necessary to construct
the project, and the material that is removed from the property shall
only be in excess of that which can be reused or redistributed on
the site provided that this amount is specified in the building permit
for such improvement and is less than 950 tons or 725 cubic yards,
whichever is lower, within 12 successive calendar months.
(5)
The Town Board at its discretion may permit on-site processing of
excavated materials subject to such additional conditions as they
deem necessary, provided that all processed materials are used on-site
in the proposed phased development and that no processed materials
are removed from the property.
(6)
Any regrading, removal or excavation shall be completed within one
year of the date of issuance of said permit. The excavation permit
shall be void if construction is not started within one year of the
date of Town Board approval and completed within two years of the
date of such approval. Prior to its expiration, the excavation permit
approval may be renewed by written request of the applicant for up
to two additional ninety-day periods.
Excavation in the following cases is not subject to the limitations
of this section, and no special use permit approval from the Town
Board is required:
A.
Land disturbance operations in which topsoil is removed from one
part of the property and deposited on another part of the same property,
provided that it is replaced with a cover of earth in which the vegetable
matter may take root and grow and is seeded with grass, permanent
pasture mixture or other fast-growing vegetation, repeated as necessary
until the growth is established.
B.
Excavation within the limits of the right-of-way of any Town, county,
or state highway for the sole purpose of building roads and slopes
incidental thereto which lie within the area of a subdivision approved
by the Planning Board of the Town of Kent and on file in the County
Clerk's office in Putnam County, New York.
C.
Excavation in connection with agricultural activity, including farm
ponds and soil conservation measures, provided that such improvement
conforms to the following standards and conditions:
(1)
Final slopes shall be finished at a grade no greater than the natural
angle of repose, except where supported by a retaining wall or foundation.
(2)
Any lakes or ponds that are created shall have a sufficient depth
and inflow of water to prevent eutrophication and to prevent their
becoming stagnant in dry periods.
(3)
Topsoil may be disturbed and relocated in connection with any permitted
excavation but shall be replaced with earth in which vegetable matter
may take root and grow and shall be seeded with grass, permanent pasture
mixture or other fast-growing vegetation, repeated as necessary until
the growth is established.
(4)
In the event that the construction of improvements for which preparatory
excavation is performed does not commence within six months of the
commencement of such excavation, the permittee shall be required to
immediately begin reclamation operations to restore the land to a
condition that will minimize erosion and any unsightly conditions.
D.
Excavation required to construct single-family home foundations and
basements.
E.
Excavation required to maintain water bodies and watercourses.
The application procedure for approval of a special use permit
for excavation shall involve a three-stage process:
A.
The applicant shall submit an application supported by a conceptual
excavation and phased development plan to the Planning Board. The
Planning Board shall review the plan and determine if excavation and
land disturbance thresholds under this code will be met or exceeded,
requiring referral to the Town Board. The Town Board shall receive
the referral from the Planning Board and evaluate the plan relative
to the conformity of the proposal with the Town Comprehensive Plan
and this chapter. The Town Board shall:
(1)
Provide feedback to the applicant regarding additional information
that must be submitted as part of the conceptual excavation and phased
development plan for reconsideration by the Town Board; or
(2)
Upon acceptance of the conceptual excavation and phased development
plan, the Town Board may direct the applicant to submit a full and
complete excavation and phased development plan application as set
forth herein; or
(3)
Deny the conceptual excavation and phased development plan.
B.
Upon direction of the Town Board, the applicant shall submit a full
and complete excavation and phased development plan application to
the Town Board, which shall be referred to the Planning Board for
a detailed review and report. The Planning Board shall serve as lead
agency and conduct the New York State Environmental Quality Review
Act (SEQRA) review unless otherwise superseded by another involved
agency. The Planning Board shall, as part of the SEQRA review, conduct
a public hearing on the matter. Upon the conclusion of the SEQRA review,
the Planning Board will issue a determination of environmental significance
and all associated approvals and permits. The Planning Board shall
refer the entire application package back to the Town Board.
C.
Upon receipt of the entire application package from the Planning
Board, the Town Board shall accept the SEQRA determination of the
Planning Board and review all comments and recommendations provided
by the Planning Board. Within 62 days of receipt of the application
from the Planning Board, the Town Board shall give due notice and
may hold a public hearing on the special use permit for excavation.
Within 30 days of the close of the public hearing, the Town
Board shall act either to approve, approve with conditions or disapprove
the special use permit for excavation.
A.
With respect to the excavation permit and phasing, the Town Board
shall make the following findings:
(1)
That the location, character and scope of the excavation activity,
and the access and any temporary buildings, structures, facilities,
or processing equipment, will reasonably safeguard the character of
the neighborhood and surrounding property values, will not hinder
or discourage the appropriate development and use of adjacent property
and, when completed, will conform to the appropriate and orderly development
of the Town and neighborhood.
(2)
That the lot on which the excavation activity is to be conducted
is of sufficient size and adequate dimension to permit the excavation
activity in a manner that will not be detrimental to the neighborhood
or adjacent property.
(3)
That reasonable provisions will be made for screening the excavation
activity, including processing from view from adjacent streets and
property, and that buffer transition areas will be provided to protect
adjacent properties.
(4)
That the streets serving the proposed excavation activity are adequate
to carry prospective traffic, that provisions will be made for entering
and leaving the lot in such a manner that no undue hazard to traffic
or undue traffic congestion is created and that adequate off-street
parking and loading facilities will be provided for conduct of the
excavation activity.
(5)
That the proposed excavation activity, when completed, will not result
in the creation of soil erosion, sedimentation or fertility problems
or drainage, sewerage or groundwater problems, or pollution which
would impair the reasonable reuse and development of the lot and/or
be detrimental to the neighborhood or adjacent property and that the
excavation and phased development plan is consistent with the Town
of Kent Comprehensive Plan.
(6)
That the proposed excavation activity, any buildings, structures,
facilities or processing equipment and hours of operation will make
provisions for control of dust and lighting and otherwise will not
be detrimental to the public health, safety and general welfare of
the neighborhood and the community.
B.
Such conditions and safeguards shall be attached to the special permit
as the Town Board deems necessary and appropriate to assure continual
conformance to all applicable standards and requirements.
Each application for a special use permit shall be in compliance
with all pertinent regulations, including:
A.
All applicable provisions of the Code of the Town of Kent, including
but not limited to regulations for flood damage prevention, freshwater
wetlands, tree removal, steep slope protection and stormwater management,
subdivision of land, watercourses, soil hydrology, environmentally
sensitive lands, zoning, and any other pertinent provisions.
B.
New York City Department of Environmental Protection (NYCDEP), New
York State Department of Environmental Conservation (NYSDEC) and all
other applicable regulations.
Each application for a special use permit shall be accompanied
by the following:
A.
A proposed site plan showing the size and location of the lot, the
location of all buildings and proposed facilities, including access
drives and parking areas, and all streets within 200 feet of the lot.
The site plan shall use as a base map a recent, accurate boundary
and topographic survey of the property depicting all existing improvements
and grades prepared by a New York State licensed land surveyor. The
plan shall depict all proposed site alterations and improvements and
shall be prepared by a professional engineer, a landscape architect,
or an architect licensed by the State of New York and shall include
the following information:
(1)
A location map, at a convenient scale, showing the applicant's
entire property and all boundaries, easements, and streets within
500 feet thereof.
(2)
Existing improvements, utilities, wells, and septic systems.
(3)
The location and limits of the area of disturbance on the lot to
be subject to the excavation activity and any lines delimiting areas
not to be disturbed.
(4)
Existing topography and proposed grade elevations at a contour interval
of not more than two feet, unless waived by the Town Board, with existing
topography to be shown on the subject parcel and within 200 feet of
the area to be subject to the excavation operation, drawn to a scale
of not less than 100 feet equals one inch.
(5)
Existing and proposed drainage within the limits of disturbance and
within a distance of 200 feet outside of the limits of disturbance.
(6)
Existing wetlands, watercourses, and water bodies and associated buffers delineated in compliance with pertinent provisions of the Code of the Town of Kent, including Chapter 39A, within the limits of disturbance and within a distance of 200 feet outside of the limits of disturbance.
(7)
Proposed truck and equipment access to the lot, including roadway
and access improvements proposed.
(8)
The location of wooded areas, existing buildings and structures and
the location of any proposed buildings and structures within the limits
of disturbance and within a distance of 200 feet outside of the limits
of disturbance.
(9)
Any proposed temporary or permanent screening of the excavation operation,
such as by berms, fences, and landscaping.
(10)
The location, size, use and architectural design of all existing
buildings and structures.
(11)
The location of all property lines and structures within 200 feet
of the property boundary.
(12)
Existing soil types, wetlands, and watercourses, 100-year floodplains,
bedrock outcrops, slopes in excess of 10%, and the location of trees
with a diameter of six inches or greater as measured 4.5 feet from
the ground level (direct breast height or "dbh").
(13)
The location and capacity or number of all existing and proposed
roads, driveways, parking and loading areas, including access and
egress drives.
(14)
The location of outdoor storage areas.
(15)
The location of fire access roads and fire protection features.
(16)
The location, description, and design of all existing and proposed
site improvements, including building footprints, pavement, walkways,
curbs, drains, culverts, retaining walls, fences, parks, open spaces,
and recreation areas.
(17)
The location, design and description of water supply and sewage disposal
facilities.
(18)
The location, design, and description of stormwater management facilities,
including proposed grading plan.
(19)
The location, height, and species of landscape plantings on a landscape
plan.
(20)
The character and location of all power distribution and transmission
lines.
(21)
The location and description of all subsurface site improvements
and facilities.
(22)
The location of any processing equipment and stockpiles.
(23)
The extent and amount of cut and fill for all disturbed areas, including
before-and-after profiles of typical development areas, building footprints,
walkways, parking lots, driveways, and roads.
(24)
The total amount of cut and fill in cubic yards.
(25)
The average existing grade and the average proposed grade and depth
of excavation.
(26)
Adequate provisions for the handling of stormwater runoff, including
retention/detention, piping, or channeling to existing or proposed
drainage systems during and after construction.
(27)
Proposed phasing of development.
(28)
A rock removal or blasting plan as determined to be required.
(29)
If blasting is found to be required, a baseline potability and pollutant
study and monitoring plan during and post-construction of surrounding
wells. Test parameters and the location of the wells to be tested
will be determined.
(30)
Restoration or reclamation plan as determined to be required.
(31)
A signature block for Town Board endorsement of approval.
(32)
The name and address of the owner of the property proposed for development,
along with the signature of said owner.
(33)
The name and address of the applicant, if different, along with the
signature of said applicant.
(34)
At the request of the Town or Planning Board, any other pertinent
information or materials determined to be necessary to assist in the
review and evaluation of the proposed special use permit for excavation
and provide for the proper enforcement of this chapter.
B.
A full environmental assessment form (full EAF) together with any
supporting documents or other material intended to expand or clarify
information contained in the full EAF intended to assist the Town
in the review of this project.
C.
A complete copy of all application materials submitted to the NYSDEC
pursuant to Article 23, Title 27 of the Environmental Conservation
Law, if applicable.
D.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Kent Town Code Chapter 66. The SWPPP shall meet the performance and design criteria and standards in Chapter 66, Article IV. The approved special use permit shall be consistent with the provisions of Chapter 66.
E.
A narrative addressing the following and such additional information
deemed appropriate by the Town Board:
(1)
An evaluation of the proposed excavation activity relative to surrounding
land uses, including an evaluation of potential environmental impacts,
including but not limited to noise, dust, and visual impacts on surrounding
land uses.
(2)
The duration of the operation through to site restoration, proposed
hours and days of operation and the program for staging the site preparation,
excavation and restoration in time and geographic sections.
(3)
The program of measures to be undertaken for control of noise, dust,
soil erosion and sedimentation, water pollution, and the mitigation
of visual impacts, including outdoor illumination, and elements of
a reclamation plan for the area of the lot to be subject to the excavation
activity.
(4)
An estimate of the number of vehicles expected to enter and exit
the lot on a daily basis and at peak hours, and description of any
roadway capacity and safety improvement proposed on the streets giving
access to the lot.
(5)
Description of the nature and capacity of any processing equipment
proposed to be established on the lot.
A.
Where the Planning Board finds that certain application requirements, data and information, set forth in § 63-8 above and standards as set forth in § 63-10 below are not required or are unnecessary to review the application for a special use permit and the potential effects of proposed excavation, it may waive specific requirements or standards upon written request of the applicant, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter or any chapter of the Town Code, or the State Environmental Quality Review Act.
B.
In granting waiver(s), the Planning Board may require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so varied or modified.
The excavation activities shall conform to the following standards
and conditions:
A.
There shall not be any vegetation removal, clearing of the land or
alteration of the site without first obtaining a special use permit
for excavation from the Town Board.
B.
There shall not be any vegetation removal, clearing of the land or
hydrological alteration of any Town of Kent jurisdictional wetland,
watercourse, and/or water bodies and associated buffers without first
obtaining a special use permit for excavation from the Town Board.
C.
All excavation activities shall conform to the information, report,
maps, plans and conditions approved by the Planning Board and Town
Board.
D.
The lot will be excavated and graded within the limits shown on the
approved plans and in conformity with the proposed contour plan as
approved.
E.
The measures for noise, visual, soil erosion and sediment control
will be installed, maintained, and completed in accordance with all
approvals and permits.
F.
The slopes will not exceed one foot of rise for two feet of horizontal
distance or such lesser slope that the Planning Board may specify
as necessary for the public health and safety, soil stability or for
the reasonable use of the property after completion of the operation.
G.
There will be no excavation, processing or grading or removal within
50 feet of any property or street line, or a greater or lesser distance
if approved by the Town Board.
H.
There shall be no sharp declivities, pits or depressions, and proper
drainage will be provided to avoid stagnant water, soil erosion and
water pollution during and upon completion of operations.
I.
The permittee shall maintain and repair all streets and roads affected
by the conduct of the excavation operations and by the transport of
any and all materials to and from the site and within the site, and
such work shall be completed within the time provided for in the permit.
J.
The lot will be cleared of all debris within the period for which
the excavation permit is granted.
K.
Except in the location of wetlands and watercourses and exposed ledge
rock, the topsoil for a depth of 12 inches will be set aside and retained
on the lot and will be respread over the excavated or graded area
as the work progresses, that an approved ground cover will be planted
and grown to an erosion-resistant condition upon the completion of
the excavation or removal in accordance with the approved contour
lines and that such work be completed within the period for which
the local excavation permit is granted.
L.
If required by the Town Board, the area to be excavated or a portion
thereof shall be enclosed within a fence of such type, height, and
location as the Board approves.
M.
A schedule shall be established setting forth the following:
(1)
Limitations on the day of the week and the hours of the day during
which any work, including or rock chipping, drilling, processing,
or hammering, or blasting, may be performed on the lot, in compliance
with Town of Kent noise regulations.
(2)
The place and manner of disposal on the lot of excavated material.
(3)
Requirements as to the control of dust, noise, and lighting.
N.
The applicant shall submit weekly reports, prepared by and bearing
the seal of an engineer, showing the status and progress of the excavation
activity to the Town Building Inspector.
A.
Performance bond.
(1)
In order to ensure the full and faithful completion of all construction
activities related to compliance with all conditions set forth by
the Town in its issuance of special use permit for excavation, the
owner or applicant shall provide, as a condition of approval, a performance
bond, supported by sufficient security in the form of cash bond, surety
bond, a cash escrow account, irrevocable letter of credit or certified
check drawn upon a national or state bank or other cash equivalent
which guarantees satisfactory completion of the project and names
the Town as the beneficiary. The security shall be in an amount to
be determined based on submission of final design plans. The amount
of the performance bond shall be based on the submittal of a detailed
cost estimate which shall be reviewed by the Town Engineer, who shall
report said recommendations to the Town Board.
(2)
The bond shall be conditioned that any affected land shall be restored
in conformity with the approved excavation permit and plans and the
standards set forth by this chapter.
(3)
In the event of default in compliance with the excavation permit
and plans or the terms of this chapter, the letter of credit or surety
bond shall be forfeited to the Town.
(4)
The Town shall return to the operator any bonded amount that is not
needed to cover the expenses of restoration, administration and any
other expenses reasonably incurred by the Town as a result of the
applicant's failure to comply with the terms of the excavation
permit and plans of this chapter.
(5)
The security shall remain in full force until the applicant and/or
developer is released from liability by the Town, provided that such
period shall not be less than two years from the date of final acceptance
or such other certification that the work covered under the permit
and/or any phased development plan associated therewith and all improvements
have been constructed and completed in accordance with all plans,
specifications and approvals.
(6)
In the event of a proposed transfer of an excavation permit and plans,
the Town Board shall require the filing of a certificate from the
surety company issuing the bond then in effect, continuing the same
bond as to the new permit holder or certifying that a new bond has
been issued. In the absence of such certificate, no transfer of a
permit will be allowed.
(7)
The required bond amount pursuant to this section shall be reviewed
on a yearly basis to assure that a fair and reasonable bond is available
to the Town should any default in performance of the requirements
of the permit or this section occur.
(8)
At its discretion, the Town may accept cash or certified check, negotiable
bonds of the United States government, United States Treasury notes,
United States Treasury certificates of indebtedness, United States
Treasury bills, bonds or notes of the State of New York, bonds of
any political subdivision in the agency or of other New York State
agencies or authorities, or bonds of public corporations of the State
of New York, and irrevocable bank letter of credit, a certificate
of deposit, or other forms of financial security acceptable to the
Town. Acceptable substitutes, if furnished, shall be kept on deposit
with the Town Clerk for the duration of the bond period. Any cash
received pursuant to this section shall be maintained in an interest-bearing
account, which interest shall accumulate during the life of the account
and shall be refunded to the depositor when the cash is refunded.
B.
Insurance. After approval of the application and before issuance
of any permit, the applicant shall present to the Town certificates
of insurance evidencing liability insurance coverage. The minimum
acceptable liability coverage for any permitted excavation and phased
development plan shall be $2,000,000. The liability coverage shall
be maintained throughout the period of permit activity. The certificates
of insurance shall provide for a thirty-day minimum notice period
to the Town before cancellation of coverage.
A.
Notice of violation. When the Town determines that excavation and/or
land disturbance is not being carried out in accordance with the requirements
of this chapter, it may issue a written notice of violation to the
landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer, or applicant.
(2)
The address, when available, or a description of the building, structure,
or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed by
the Town.
(6)
A statement that the determination of violation may be appealed to
Town Board by filing a written notice of appeal within 15 days of
service of notice of violation.
B.
Stop-work orders. The Town may issue a stop-work order for violations
of this chapter. Persons receiving a stop-work order shall be required
to halt all excavation and/or land disturbance, except those activities
that directly remedy the violations leading to the stop-work order.
The stop-work order shall be in effect until the Town confirms that
the excavation and/or land disturbance is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this chapter.
C.
Violations. Any excavation and/or land disturbance that is commenced
or is conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Indemnification of Town. If the NYSDEC shall serve a notice of violation
upon the Town, bring an administrative complaint against the Town,
and/or commence a civil suit against the Town due to a violation of
a State Pollution Discharge Elimination System (SPDES) general permit
for stormwater discharges from municipal separate stormwater sewer
systems (MS4) GP-02-02, as may be amended from time to time, and such
notice of violation, administrative complaint, or civil suit is a
result of, due to, a consequence of, or the outcome of the actions
of a person who has violated the provisions of this chapter, then
said person shall indemnify the Town for any and all fines, damages
or penalties imposed by the NYSDEC upon the Town.
E.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine as indicated in
the most recent schedule adopted by the Town Board or imprisonment
for a period not to exceed six months, or both.
F.
Withholding of certificate of occupancy. If any excavation and/or
land disturbance conducted in violation of this chapter, the Town
may prevent the occupancy of said building or land.
G.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
A.
Special use permits may terminate with any change of use, expansion
of use, failure to abide by the conditions of the special use permit
or misrepresentation on an application.
B.
A special use permit approval shall be void if construction is not
started within one year of the date of Town Board approval and completed
within two years of the date of such approval. Prior to its expiration,
the special use permit approval may be renewed by written request
of the applicant for up to two additional ninety-day periods.
C.
Other special use permits granted for a particular operation shall
terminate at the completion of the operation or upon expiration of
the permit. Such limitation shall be specified as a condition of the
special use permit.
D.
No less than 30 days' prior to the expiration of a special use
permit, the applicant or permit holder shall make application to the
Town Board for a renewal. Where the applicant is in full compliance
with the previously approved conditions, including the requirements
and standards in this chapter, the permit shall be renewed. Where
the Code Enforcement Officer finds that the applicant is not in compliance
with those decisions, the application shall be referred to the Town
Board for review.
E.
Upon notice of violation issued by the Code Enforcement Officer,
the holder of a special use permit may remedy the violation within
a period of 30 days, request a hearing before the Town Board or forfeit
the special use permit which shall be revoked and become null and
void.
Any person or persons jointly or severally aggrieved by any
decision of the Town Board may apply to the Supreme Court of the State
of New York for relief through a proceeding under Article 78 of the
Civil Practice Law and Rules of the State of New York. Such proceedings
shall be governed by the specific provisions of Article 78, except
that the action must be initiated as therein provided within 30 calendar
days after the filing of the Board's decision with the Office
of the Town Clerk.
