Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Depew 10-9-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 55.
Filling and excavating — See Ch. 102.
Property maintenance — See Ch. 125.
Junkyards — See Ch. 132.
Sewer sludge and industrial waste — See Ch. 187.
Garbage disposal — See Ch. 198, Art. I.
Abandoned or junked vehicles — See Ch. 236.
Zoning — See Ch. 260.
As used in this chapter, the following terms shall have the meanings indicated:
MATERIAL
Any garbage, rubbish, refuse, trash, material containing vegetable or organic matter of any kind, toxic or chemical wastes, man-made industrial waste and sludge, discarded motor vehicles, trailers, roots or stumps, tree limbs, building material construction and demolition material, concrete, blacktop, rubble, house parts, sand gravel, rock or soil.
A. 
No person, individual, firm, corporation, partnership, association, society or group shall dump or dispose of materials outside of permitted sanitary landfills unless a permit for same has been applied for and issued by the Public Works for the Village of Depew, pursuant to this chapter, on any lot or parcel of land within the Village of Depew, whether said land is vacant, improved or unimproved in nature, excepting those activities as follows:
(1) 
Agricultural or horticultural activities, which, where properly zoned, involved the regular and customary deposition of materials on the ground.
(2) 
Depositing of dredged and excavated materials and fill by the Village of Depew Department of Public Works where the Superintendent determines that the placement of said materials will not affect any stream, creek, or drainage system nor the floodway thereto.
(3) 
Depositing of topsoil not materially altering the existing grades and for landscape purposes.
(4) 
Activities, where properly zoned, which involve the dumping and deposition of materials as a regular and customary activity (i.e., quarries).
B. 
No person, individual, firm, corporation, partnership, association, society, or group shall dump or dispose of any materials into the streambed of any drainage ditch, creek, stream, waterway or watercourse of any nature or into any area designated as a floodplain, unless permitted by the Superintendent of Public Works. The Village of Depew retains the right to regulate the height of the material being dumped or deposited in a landfill area.
Any individual or entity seeking to bring in materials for dumping shall do so in accordance with the procedure set forth hereto:
A. 
Each person, individual, firm, corporation, partnership, association, society or group shall obtain an application from the Village Clerk.
B. 
The application shall require such information that includes, but is not limited to the following: identification of property owner, location and description of fill site along with the purpose and extent of filling, the zoning classification of the site, expected duration of filling and type of fill, and identification of streams, ditches and floodplain areas.
C. 
A site plan and topographical plan of the fill area shall be included in accord with specifications set out in the application, if requested by the Superintendent of Public Works.
D. 
The application shall be submitted to the Village Clerk along with nonrefundable processing fee.
E. 
The application shall be forwarded, if deemed necessary by the Superintendent of Public Works, to the Building Inspector and Village Engineer.
The Superintendent of Public Works shall review each individual application for dumping and approve or deny the same. The Superintendent shall inform the Village Board of Trustees of all requests.
Enforcement of this chapter shall be delegated to the Superintendent of Public Works, the Police Department, and any other person hereinafter authorized by the Village of Depew Board of Trustees.
Any person found violating any provision of this chapter shall be subject to a fine or penalty of $250 for each incident of unauthorized dumping.
Any permit granted hereunder may be revoked at any time whenever, in the opinion of the Superintendent of Public Works or Village Engineer, such permit holder has violated the terms of the permit, created hazardous conditions, or the continuation of dumping at the fill site would endanger the health, welfare, or safety of the public; provided, however, that no such permit shall be revoked except after a public hearing before the Board of Trustees of the Village of Depew, after notice of said hearing and the purpose thereof shall have been sent to the permit holder at least 10 days prior to the date of said hearing, at which hearing any person interested in said fill site shall have the right to be heard.