[HISTORY: Adopted by the Town Board of the Town of Union 9-1-2010 by L.L. No.
11-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Aquifer recharge and watershed protection zones — See Ch. 74.
Drainage — See Ch. 102.
Flood damage prevention — See Ch. 121.
Freshwater wetlands — See Ch. 125.
Garbage, rubbish and refuse — See Ch. 130.
Erosion and sediment control — See Ch. 171.
Subdivision of land — See Ch. 181.
Zoning — See Ch. 205.
Sidewalk, curb and gutter specifications — See Ch. A208.
These regulations are intended to provide for the control of
filling and grading activities so as to prevent serious damage to
public health, welfare and safety; public and/or private lands; and
drainage or watercourses within the Town of Union outside the Villages
of Johnson City and Endicott.
As used in this chapter, the following terms shall have the
meanings indicated:
The alteration of land by any means which results in a modification of the land contours through the addition or deletion of soil or other nonrefuse inert material. This definition shall not include tilling of lands, landscaping of residences, commercial or industrial buildings which are authorized by a duly issued building permit pursuant to Chapter 86 of the Town Code or any activities which are specifically reserved to the Department of Environmental Conservation.
Acceptable fill material shall be limited to clean, rock,
stone, gravel, sand, cinders, soil and concrete pieces less than 12
inches in diameter.
A.
On all sites in the Town of Union in which fill is delivered or removed,
the owner of said site shall obtain a permit from the Building Department
which will require compliance with 6 NYCRR 360 and which provides
for the following:
(1)
Engineering drawings showing the section, block and lot numbers upon
which the activity will be conducted.
(2)
The names and addresses and the section, block and lot numbers of
all contiguous property owners.
(3)
A plan showing all existing and proposed contour lines, amount of
fill to be delivered, amount of soil to be removed, location of trees
over four inches in diameter measured four feet from the ground, and
road access to the site. The plan should also indicate any floodways,
floodplains, wetlands, steep slopes or watercourses on the parcel(s)
to be filled.
(5)
Documentation regarding permit status with the New York State Department
of Environmental Conservation prior to the issuance of a permit. Any
New York State Department of Environmental Conservation permit required
must be in effect prior to the issuing of a permit.
(6)
Proof of insurance adequate to cover the intended work pursuant to
the terms of the permit. The Town of Union shall be named as an additional
insured on the owner's policy. The owner shall, by a separate
instrument, agree to indemnify and hold harmless the Town of Union
from any claims arising out of the intended activity.
(7)
A description of the source of soil to be utilized in the filling
and grading, including but not limited to anticipated amount, location
of the source and, if the source is not the applicant, a verified
statement by the owner of the source as relates to availability of
the soil for filling and grading.
(8)
The anticipated commencement and completion dates.
(9)
The names of all authorized contractors, entities or businesses which
will participate in the filling and grading, document preparation
or supervision of the project.
B.
If, in the discretion of the Building Department, testing or monitoring
is required, the owner of said site is required to hire a consultant
or to pay such sums to the Building Department to cover such costs.
C.
The owner of said site shall be required to post a surety bond with
the Town Clerk, in a form acceptable to the Town Attorney, in an amount
to be fixed by the Building Department, prior to issuance of said
permit in the following cases:
(1)
When the estimated cost of the work, including all lots, as shown
in the application or as reasonably calculated by the Building Inspector,
exceeds $20,000; or
(2)
When the estimated time of completion, as set forth in the application
or as reasonably calculated by the Building Inspector, exceeds 60
days from the issuance of the permit.
D.
The Building Inspector shall charge a permit fee to the owner of
said site in the amount of $25.
A.
Any person who violates this chapter, upon conviction thereof, shall
be punishable by a fine of not less than $1,000 per day and not more
than $2,500 per day or by imprisonment for a term not to exceed 15
days. Each day's continued violation shall constitute a separate
additional violation.
B.
Convictions for a violation of this chapter shall constitute and
effect an immediate revocation of the permit granted hereunder.
C.
The Building Inspector may suspend the performance of any delivery
of fill and also may revoke any permit issued hereunder or under any
other provision of law purporting to authorize such delivery of fill
for a like period, at any time, in the event of an actual or threatened
violation of this chapter. The Building Inspector shall have the further
authority to suspend and revoke all other permits at the site when
the fill or grading permit is violated or there is a threatened violation.
(1)
The Building Inspector shall accomplish such suspension and revocation
by delivering, personally or by certified mail, a written notice thereof,
stating the particular grounds thereof, to the applicant. Thereafter,
during the period of such suspension and revocation, no delivery of
fill shall be permitted or performed.
(2)
Any person aggrieved by such suspension and/or revocation may appeal
therefrom to the Town Board, who may affirm, modify or reverse the
Building Inspector's action or make such other disposition of
the appeal which may be consistent with the purposes of this chapter.
D.
In addition to the above-provided penalties and punishment and such
other remedies as may now or hereafter be provided by law, the Building
Inspector may maintain an action or proceeding in the name of the
Town in any court of competent jurisdiction to compel compliance with
or to restrain by an injunction the violation of such article and
to recover, by appropriate civil remedies, any cost, expense or damage
sustained by the Town in consequence of such violation, including
an action to enforce the surety bond provided for in this chapter.
This chapter shall not apply to the homeowner who has delivered
on his property three yards or less of fill, in an aggregate, on an
annual basis.
