[HISTORY: Adopted by the Town Board of the Town of Athens 5-18-2009 by L.L. No.
1-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 105.
Streets and sidewalks — See Ch. 150.
Subdivision of land — See Ch. 154.
Zoning — See Ch. 180.
[1]
Editor's Note: This local law was adopted as Ch. 190,
but was renumbered in order to maintain the alphabetical organization
of the Code.
A.
The use of land for the filling, depositing or dumping of any type
of earth material, topsoil, gravel, rock or other clean fill or by-products
in an amount greater than 1,000 cubic yards of minerals or materials,
within a one-year period, may be permitted by special permit issued
by the Code Enforcement Officer, after determining that the proposal
is not contrary to the zoning district uses and the current Comprehensive
Plan approved by the Town Board.
B.
Exemption. The use of land for the filling, depositing or dumping
of any type of earth material, topsoil, gravel, rock or other clean
fill or by-products is permitted without a permit in an amount less
than 1,000 cubic yards within a one-year period.
C.
Fees. Fees for the special permit application set forth in Subsection B shall be determined from time to time by resolution of the Town Board.
D.
Preemption. Nothing herein shall be deemed to regulate the use of
land for mines, mining and/or reclamation as defined in and governed
by Article 23, Title 27, of the Environmental Conservation Law and/or
as defined in Title 6 of the New York State Compilation of Codes,
Rules and Regulations.
A.
Topographic plan. The applicant shall submit a topographic plan drawn
at a scale of not less than 50 feet equals one inch and shall show
existing and proposed grades and topographic features and such other
data as may be required by the Code Enforcement Officer.
B.
Bond. The Code Enforcement Officer and the Town Highway Superintendent
shall together determine if a bond is required. The amount of the
bond shall be as established by the Code Enforcement Officer and the
Town Highway Superintendent as being sufficient to rehabilitate the
property upon default of the operator of the filling operation and/or
damage to roadways and to cover legal fees, court costs and other
reasonable expenses. The bond shall not be released until the land
and roadways have been restored to conform to the approved plan.
C.
Standards for review. Any proposed operation shall be designed and
constructed in accordance with the determination of the Code Enforcement
Officer in order to meet the following:
(2)
Soil
limitations and stability. Developers or other land users are to permanently
overcome all limitations of soils with moderate and severe limitation
so that no detrimental effect will occur to local units of government
or future owners. Land use is to be confined to soils that are not
subject to slippage or other conditions of soil instability.
(3)
Water resource areas. The environmental quality of water, lakeshores
and stream banks is to be conserved.
(4)
Groundwater resources. Land use is to be planned so as to maintain
or enhance the quality and quantity of groundwater resources. Significant
recharge areas must be protected.
(5)
Wetlands. The significance of wetlands shall be carefully evaluated
by the Code Enforcement Officer prior to disturbing the natural state
of wetlands. No such disturbance shall occur without the issuance
of any necessary permits by the New York State Department of Environmental
Conservation or the United States Army Corps of Engineers.
(6)
Natural environmental features. A sufficient amount of natural environmental
features is to be protected to maintain the character of the area.
(7)
Roadways. Potential damage to adjoining roadways is to be minimized.
A.
The Zoning Board of Appeals shall hear and decide appeals when it
is alleged that there is an error in any requirement, decision or
determination made by the Code Enforcement Officer in the enforcement
or administration of this chapter.
B.
Those aggrieved by the decision of the Zoning Board of Appeals may
appeal such decision to the Supreme Court pursuant to Article 78 of
the Civil Practice Law and Rules.
Pursuant to the powers granted by the Municipal Home Rule Law,
this chapter supersedes all provisions of the Town Code in so far
as such statutes are inconsistent with this chapter, and any other
laws or regulations of the Town of Athens are superseded to the extent
necessary to give this chapter full force and effect.
