Village of Spencerport, NY Chapter 148 Excavations, Grading and Filling

[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 9-6-1995 by L.L. No. 4-1995 (Ch. 56 of the 1988 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Building code administration and enforcement — See Ch. 125.

Flood damage prevention — See Ch. 161.

Land development — See Ch. 184.

Sewers — See Ch. 250.

Stormwater management — See Ch. 276.

Streets and sidewalks — See Ch. 280.

Utilities — See Ch. 304.

Zoning — See Ch. 340.

§ 148-1 Legislative intent; enforcement.

A. The intent of this legislation is to preserve and protect the environment and the health and welfare of Village residents from possible adverse impacts of excavating, digging, filling, dumping or grading. Adverse impacts shall include any substantial increase in potential for erosion, drainage, flooding or leaching problems and/or changes in existing ground- or surface water quality or quantity.

B. The Building Inspector/Code Enforcement Officer is authorized and directed to implement and enforce the provisions of this chapter.

§ 148-2 Applicability.

This chapter shall apply to any proposed excavating, digging, filling, dumping, grading or change to the topography which directly affects any land situate in the Village of Spencerport.

§ 148-3 Compliance standards.

A. Filling; dumping.

(1) Acceptable fill material shall be nontoxic and inorganic and may be used to establish new grades. The use of said fill material, including but not limited to its composition, amount, location and extent, must be approved by the Building Inspector/Code Enforcement Officer prior to any filling or dumping.

(2) Filling with other materials and filling with or dumping of organic materials, chemical wastes, liquid petroleum derivatives or other deleterious substances shall not be permitted.

B. Excavating; digging; grading. No excavations, digging or grading for any purpose shall be performed, except in conformity with this chapter. Examination of the area and approval by the Building Inspector/Code Enforcement Officer is required prior to any excavating, digging or grading.

§ 148-4 Conformance criteria.

In determining conformance with this chapter, the Building Inspector/Code Enforcement Officer shall consider, but not be limited to, the following:

A. A substantial adverse change in existing ground- or surface water quality or quantity.

B. A substantial increase in potential for erosion, flooding, leaching or drainage problems.

C. Conformance with construction plans and/or final site plan approval.

§ 148-5 Powers and duties of Enforcement Officer.

The Building Inspector/Code Enforcement Officer shall be authorized:

A. To cause inspections to be made at all reasonable or agreed upon hours of all property within the scope of applicability.

B. To make the final determination of compliance based on evaluation performed either independently or in conjunction with the Village Engineer.

C. To order, in writing, the remedying of any condition found to exist on any premises in violation of compliance standards or criteria set forth in § 148-4 of this chapter.

§ 148-6 Fees.

The fees for inspection shall be established by the Village Board and amended as deemed necessary by resolution of the Board and included in the Village of Spencerport Fee Schedule.[1]

[1] Editor's Note: The Village of Spencerport Fee Schedule is on file in the Village offices.

§ 148-7 Appeals.

Any person aggrieved by a decision or regulation of the Building Inspector/Code Enforcement Officer arising out of this chapter shall have the right to appeal to the Village Board, which shall have the authority to confirm, modify or revoke such decision or regulation.

§ 148-8 Unpaid fees; lien.

All unpaid fees, including penalties or interest, not paid as of May 1 of each year shall be a lien on the property for which the fee was assessed and shall be added to the annual Village tax levy.

§ 148-9 Penalties for offenses.

Any person, including a corporation, guilty of violating any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.