It is the purpose of this chapter to promote the health, safety and general welfare, and to minimize public and private losses due to the conditions created by the damming, filling, relocating or otherwise interfering with the natural flow of surface water in a natural drainage course; the intended flow of such water in an approved subdivision or the existing flow between other properties, shall not be permitted except with the approval of any town, county and state agencies having jurisdiction.
[HISTORY: Adopted by the Village Board of the Village of Otego 5-10-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
As used in this chapter the following terms shall have the meaning indicated:
Code Enforcement Officer/Zoning Enforcement Officer
The normal and usual soil resulting from excavating or grading of lands, but shall not include building or construction materials, refuse or any other manufactured articles of any kind, such as asphalt, tires, batteries, asbestos, etc.
A designated parcel, track or area of land established by plat, subdivision, or other legal means.
A maximum slope of fill not greater than five feet horizontal and one foot vertical and starts at the five-foot buffer zone.
Any area of land as described by a deed or other written indenture capable of being recorded pursuant to the law of the State of New York. Should such deed where written indenture contains descriptions of more than one area of land, whether they be adjoining or separate, each such separately defined area of land shall be a parcel of land.
A drawing or drawings indicating the proposed manner of a subdivision to the Planning Board for consideration.
An application of top soil to existing turf.
A.
Fill permit.
(1)
Whenever any party desires to deposit fill in any amount, except any fill used to put top soil dressing on any lands in the Village, such party shall first obtain a fill permit from the Village.
(2)
Exemptions.
(a)
At a licensed landfill site.
(b)
Lands for which a valid building permit has been issued.
(c)
Filling required as part of the process of construction is permitted as long as the appropriate building permits have been obtained and a site plan is approved and adhered to.
(d)
Parcels in a platted subdivision in which there is an established master site grading plan with elevations established shall be allowed to bring in soil/fill without a permit, provided the elevations on the master site grading plan are adhered to.
B.
Permits are required in all zoning classifications within the Village of Otego. Permits cannot be issued by the CEO/ZEO until a site plan review application has been approved by the Village of Otego Planning Board.
A.
Devices and methods of soil erosion control as approved by the Planning Board and CEO/ZEO must be installed immediately upon the exposure of any raw soil/fill on any approved projects. Soil erosion control devices must be maintained on a regular basis until such time as landscaping is established.
B.
On projects spanning several months, damage to the surrounding properties due to lack of maintenance shall be considered a violation and subject to penalties as outlined herein.
Fill application requirements are as follows:
A.
Name and address of applicant;
B.
Fill site location;
C.
Name and address of contractor;
D.
Existing and proposed elevation of the area to be filled (at five-foot intervals);
E.
Existing elevations of existing lands within 50 feet of the land to be filled (at five-foot intervals);
F.
A sketch showing the above information;
G.
Description of proposed traveled route from fill site;
H.
Approximate quantity of fill;
I.
Time required for filling;
J.
Party responsible for filling/grading/sodding of area;
K.
Method of proposed erosion control during filling;
L.
Neighboring property owners bordering proposed fill site.
A.
In order to protect adjacent property owners from possible damages due to changes in existing grades from the application of fill material, there shall be no change to the existing topography within five feet of the property line. The five-foot buffer area shall be seeded with grass and kept maintained. The slope ratio of the proposed fill adjacent to the buffer strip shall not be greater than five feet horizontal and one foot vertical. (See Drawing #1).[1]
[1]
Editor's Note: Drawing #1 is included at the end of the chapter.
B.
In no case shall any slope exceed the normal angle of the slippage of the soil involved and no fill shall be placed in the five-foot grassy buffer area. The total elevation change shall not exceed a total elevation of the maximum slope ratio. The exception to this shall be where retaining walls are built with the written consent of the abutting property owner and with the approval of the CEO/ZEO.
A.
The Planning Board (see § 190-47 of the Village Code) may approve or approve with modifications or disapprove the application. If the application is approved, with or without conditions, the CEO/ZED can issue a fill permit or the lot, providing all fees have been paid and the application is deemed complete.
The permit fee amount shall be set by the Village Board by resolution. Applications received without a fee shall be considered incomplete. All fees are nonrefundable.
A.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing, signed, and shall be filed with the CEO/ZEO, who shall properly record such complaint and immediately investigate and report thereon to the Village Board.
B.
Notice of violation. Whenever, in the opinion of the CEO/ZEO, after examination and inspection, there appears to exist a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he/she shall serve a written notice of violation. Such notice of violation shall inform the recipient of:
C.
Stop-work order.
(1)
In case of noncompliance with this order within the allotted time, the CEO/ZEO, by reason of defective or illegal work in violation of a provision or requirement of this chapter, and the continuance of a filling operation is contrary to public welfare, shall order in written form all further work to be stopped and may require suspension of work until the conditions in violation have been remedied.
(2)
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described above and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 190-70 of the Village of Otego Code or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
D.
Abatement of violation. Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate the violation or to prevent the illegal occupancy or use of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and shall be written in addition to penalties otherwise prescribed by law.
E.
Penalties. Violators of this chapter will be notified by the CEO/ZEP via certified mail. If the violation(s) have not been removed within 20 days of the date of receipt of the letter, the CEO/ZEP is authorized to issue an appearance ticket.
Penalties shall be as outlined in § 190-70 of the Village of Otego Code.
This chapter will become effective upon filing with the state.