The purpose of this chapter is to promote the public health,
safety and the general welfare of the community and to preserve property
values. Additionally, this chapter ensures that the filling and grading
of properties in the Village of Malone are conducted in such a manner
as not to result in an increase of surface water runoff on to any
other properties and shall not result in any condition which would
increase erosion or result in any unstable condition upon the site
or adjacent properties.
[Amended 10-7-2002 by L.L. No. 7-2002]
A. The Enforcement Officer shall administer and implement this chapter
of the Code by evaluating filling and grading projects within the
Village of Malone. The Enforcement Officer will determine the nature
and scope of the project, and, if it exceeds the minimum limits defined
herein, the project will then be referred to the Planning Board for
a hearing and permit. In projects not meeting the minimum limits described
herein, the Enforcement Officer may conduct appropriate surveillance
of the project site and after inspection may, at reasonable intervals,
require that the property owner take such action as to make the site
generally acceptable in appearance.
B. In all cases of filling and grading projects, the Enforcement Officer
may impose other reasonable conditions on projects, such as, but not
limited to, screening, access control, dust control, site security,
etc., which he or she may deem necessary in order to adequately maintain
the site.
[Amended 10-7-2002 by L.L. No. 7-2002]
No person shall conduct or cause to be conducted any land operation
to fill or grade more than 40,000 square feet or raise the elevation
of property above the existing grade or established contours without
first securing a permit from the Planning Board.
The following information or exhibits are required should the
nature and scope of the project exceed the minimum limits described
herein and thus necessitate a hearing and permit:
A. Drawings showing the tax lot upon which the activity will be conducted.
B. The names and addresses and the section, block and lot numbers of
all contiguous property owners, and the names and addresses and section,
block and lot numbers of all property owners located within 500 feet
of the proposed site.
C. A plan showing all existing and proposed contour lines and amount
of fill to be placed or displaced.
E. Any New York State Department of Conservation permit(s) required
must be in effect prior to the Village issuing a permit.
F. The applicant shall, by a separate instrument, agree to indemnify
and hold harmless the Village from any claims arising out of the intended
activity.
G. Completion date and any other information which the Planning Board
deems reasonable in reviewing the application.
In no way is this chapter meant to limit a property owner's
right to plant for landscaping, grade lawn areas, do normal repairs
to occupied property, to correct a hazard representing an imminent
threat to life or property or to impose any requirement for land development
pursuant to, but not prior to, a building permit, approved subdivision
or site plan.
Any person found guilty of violating any provision(s) of this
chapter shall be guilty of a violation and shall be subject to a minimum
fine of $50 and a maximum fine of $200. Each day that a violation
continues shall constitute a separate and distinct offense and shall
be punished accordingly.
A filing fee of $25 shall be deposited with the Village Clerk
at the time of the filing of the application.
This chapter shall be effective immediately upon filing with
the Secretary of State of the State of New York.