This chapter shall be known as the "Town of Cicero Grading,
Excavation and Fill Law."
The purpose of this chapter is to provide minimum standards
to safeguard persons and property and to promote the public welfare
by preventing excessive erosion, hazardous rock and soil slippage,
sediment production and other soil and water management problems,
and by regulating and controlling the design, construction, quality
of materials, use location and maintenance of grading, excavation
and fill.
[Amended 5-8-2019 by L.L.
No. 11-2019]
A. The Town Highway Superintendent, Engineer, Code Enforcement Officer
may submit recommendations to the Department of Planning and Development
for terms to be incorporated in such permit (including terms for excavation,
filling and restoration of the premises) in order to more fully protect
the health and safety of the residents of the Town of Cicero, the
preservation of the premises and to ensure that the proposed excavation
and fill will not interfere with the drainage of or endanger any highway
in the Town of Cicero, any easement of the Town or any special district
or any other public place owned by the Town of Cicero or over which
the Town has an easement for any purpose whatsoever.
B. The Department of Planning and Development shall charge and collect
a fee determined according to the schedule of fees established by
resolution of the Town Board, in addition to any fees associated with
engineering review. Notice of such engineering review fees shall be
given to an applicant before they are incurred.
[Amended 5-8-2019 by L.L.
No. 11-2019]
A. The Department of Planning and Development, when the application, together with all necessary supporting documents, has been submitted and upon finding the considerations of §
120-2 to be met, shall authorize the Code Enforcement Officer to issue the permit.
B. The Department of Planning and Development may refuse to grant an excavation and fill permit where substantial interference, hazard or danger will result to existing facilities, adjoining property or to the health and safety of the residents of the Town of Cicero. The Planning Board may, however, authorize the issuance of a permit, subject to such terms and conditions as may be just and proper to accomplish the considerations of §
120-2.
Any person violating any of the provisions of this chapter shall
be liable, on conviction thereof, to a penalty not exceeding $350.
Whenever such person shall have been notified by the Code Enforcement
Officer, by service of summons in a prosecution or in any way, that
he or she is committing such violation of this chapter, each day that
he or she shall continue such violation after such notification shall
constitute a separate offense punishable by a like fine or penalty.
Such fines or penalties shall be collected as like fines or penalties
are now by law collected.