[HISTORY: Adopted by the Town Board of the Town of Ogden 3-30-1966; amended in its entirety 12-13-1995 by L.L. No. 9-1995 (Ch. 76 of the 1995 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 117.
Drainage and watercourses — See Ch. 124.
Subdivision of land — See Ch. 254.
Zoning — See Ch. 300.
For the purpose of this chapter, the terms used herein are defined as follows:
LOT, SINGLE-FAMILY
Either a lot which contains a single-family dwelling unit, or a lot located in a zoning district where a single-family dwelling unit is permitted.
[Added 3-25-2015 by L.L. No. 2-2015]
PERSON, OWNER, LESSEE, APPLICANT and/or HOLDER OF A PERMIT
All individuals operating as sole proprietors, partnerships, firms, associations or corporations.
POND, LARGE GARDEN
A large water feature, with a depth of no greater than four feet, with an impervious liner, which is located on a single-family lot and which complies with the following criteria: the pond has a surface area of more than 320 square feet. Such ponds may contain aquatic plants, fish, fountains or other decorative elements.
[Added 3-25-2015 by L.L. No. 2-2015]
POND, MAJOR
Any pond without an impervious liner.
[Added 3-25-2015 by L.L. No. 2-2015]
POND, SMALL GARDEN
A small water feature, with a depth of no greater than four feet, with an impervious liner, which is located on a single-family lot and which complies with the following criteria: the pond has a surface area of 320 square feet or less. Such ponds may contain aquatic plants, fish, fountains or other decorative elements.
[Added 3-25-2015 by L.L. No. 2-2015]
A. 
No excavating, removal, storage or filling of earth, sand, gravel, rock, topsoil or other similar material (excluding wood), other than excavation, removal or storage necessary in connection with the construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public and private utilities or in accordance with any plan approved by the Planning Board, shall be carried on in the Town of Ogden, except in conformity with the provisions of this chapter, notwithstanding § 300-96 of the Code of the Town of Ogden or any other chapter of the Code of the Town of Ogden.
B. 
Any existing excavating, removal, storage or filling of earth, sand, gravel, rock, topsoil or other similar material (excluding wood), other than excavation, removal or storage necessary in connection with construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public and private utilities, prior to January 1, 1994, shall be exempt.
[Amended 3-25-2015 by L.L. No. 2-2015]
Before the excavation, removal, storage or filling of any of the materials mentioned in § 131-2, the owner or lessee of such premises or tract of land shall obtain a written permit therefor, to be issued by the Town Clerk of the Town of Ogden, subject to the approval of the Town Board in its discretion. However, the Building Inspector is authorized to issue certain permits pursuant to § 131-9B, and such permits shall be issued without approval of the Town Board.
A. 
The applicant shall file with the Building Department of the Town of Ogden an application, in duplicate, together with a Comprehensive Plan drawn to a scale of one inch to 100 feet, setting forth in detail:
(1) 
The location of premises and location and extent of the proposed excavation or fill.
(2) 
Exact conditions, profiles and cross sections of premises before excavation and those proposed after excavation or filling.
(3) 
Drainage systems to be installed to ensure proper surface drainage during and after completion of work.
(4) 
Grades of all creeks or drainage ditches at fifty-foot intervals for a minimum distance of 500 feet beyond the parcel of land covered by the permit.
(5) 
The location of all existing buildings on said premises.
(6) 
Elevations at intervals of 50 feet.
(7) 
All existing utilities adjacent to and on said premises and the proposed protection or treatment thereof.
(8) 
The location of proposed structures, either temporary or permanent.
B. 
The elevations shown on the above-mentioned plan shall refer to the established datum shown on the latest United States Geodetic Survey.
C. 
Such plans must be prepared by an engineer or land surveyor duly licensed to practice in the State of New York.
D. 
Corner posts shall be set designating the land area involved. Such posts shall have a sign affixed thereto, 24 inches in length by 12 inches in height, containing the name of the person to whom the permit has been issued, the permit number and a statement of the month of issue. The top of such corner posts shall be at least four feet above ground level and placed in position by the licensed engineer or surveyor at the time of the original survey. These posts shall be maintained in their exact positions throughout the entire operation to aid in the inspection of the area to which the permit relates by all interested persons. In the event that such posts are not in place, said permit shall be subject to revocation at the discretion of the Town Board until such time as they have been replaced in exact position.
E. 
Surface texture or ground cover after excavation.
[Amended 9-14-2005 by L.L. No. 6-2005, effective 1-1-2006]
(1) 
Surface texture or ground cover after excavation shall be of not less than four inches of fine topsoil, which shall be stockpiled on the premises in sufficient amount to provide complete ground cover for the excavated area. Topsoil shall be reasonably free from subsoil, stumps, roots, brush, stones, clay lumps or similar objects larger than one inch at its greatest diameter and shall contain no material toxic to plant growth.
(2) 
Appropriate seeding shall be applied to finished grade. Additionally, where open drainage ditches or swales are constructed, the side slopes and bottom shall be neatly graded and left in a clean condition. Side slopes shall be topsoiled and seeded with a minimum of perennial rye grass.
No excavation or stockpiles arising therefrom shall be made within 100 feet of the right-of-way of any public road, street, highway or public area or within 50 feet of any property line of adjoining land unless written consent of the adjoining property owner shall be first obtained and a duplicate or original copy attached to the application. No stockpiling of such materials brought to the site from another location shall be permitted.
A. 
Surface texture or ground cover for each removal may consist of one or more of the following:
(1) 
Completely seeded with grass to prevent erosion.
(2) 
Any type of landscaping or site improvement which will prevent erosion, subject to approval by the Building Department.
B. 
The surface of all excavated or disturbed areas shall have a positive slope to existing drainage facilities, and the surface texture of all such areas shall be of such a nature as to prevent erosion of the surface after all excavation has been performed and completed. The proposed grading and slope and the necessary auxiliary appurtenances shall provide adequate drainage to existing Town facilities as shall be approved by the Building Department before removal operations are commenced.
C. 
In passing upon an application, the Town Board may impose such conditions and require additional safeguards as may be deemed necessary to protect the public health, safety and general welfare of the area.
Before the issuance of the permit, the applicant or the record owner of the premises or tract of land shall deliver to the Town Clerk a bond executed by a surety corporation authorized to do business in the State of New York in a sum equal to $5,000 for each acre or fractional part thereof covered by the permit, which bond shall be approved by the Town Board and which bond shall guarantee faithful performance of the work in accordance with this and all ordinances of the Town of Ogden and the plans and specifications filed with the application for the permit.
A. 
The term of the permit shall be for a period of 90 days, 180 days or one year, in the discretion of the Town Board, depending upon the location of the site, the extent of the proposed area to be excavated or filled and the character of the neighborhood in which the site is located. Upon written application and payment of the required fee, the Town Board may extend said permit for an additional specified period.
B. 
The Town Clerk shall charge and collect a fee for each ninety-day period for which the permit is issued or renewed. The fee shall be as set forth from time to time by the Town Board and kept on file in the Town offices.
A. 
Nothing herein contained shall prevent a cemetery from excavating for a grave, headstone or monument and removing or storing the surplus dirt or material resulting from such excavation.
B. 
Permitting requirements on single-family lots. Where excavation and fill are proposed on a single-family lot, the following shall apply:
[Amended 3-25-2015 by L.L. No. 2-2015]
(1) 
Construction of small garden ponds shall not require a permit.
(2) 
Construction of large garden ponds shall require a permit from the Building Inspector. The Building Inspector, upon the recommendation of the Town Engineer or the Superintendent of Highways, may impose such conditions and require additional safeguards as may be deemed necessary to protect the public health, safety and general welfare of the area.
(3) 
Construction of major ponds shall require a permit from the Town Clerk of the Town of Ogden, subject to the approval of the Town Board in its discretion.
(4) 
All other excavation and fill on single-family lots shall be exempt upon approval of the Town Engineer or Building Inspector.
Notwithstanding any other provision of this chapter, any excavation or fill made within the Town of Ogden which shall affect Town drainage facilities, water mains, sewer lines or streets shall be subject to the approval of the Commissioner of Public Works or designee, and no surface water or stormwater shall be discharged directly into municipal facilities or drainage systems without the aforesaid approval.
A violation of this chapter or of any provision or part thereof by any person, firm or corporation is hereby declared to be an offense punishable by a fine not exceeding $250 or by imprisonment for a period not to exceed 15 days, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violation of this chapter or any provision or part thereof shall be deemed a misdemeanor, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate violation. Notwithstanding the penalties herein provided, the Town of Ogden may enforce obedience to this chapter or any part thereof by injunction to restrain the violation thereof.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Town Board of the Town of Ogden shall have the power in passing upon the application required herein to vary or modify any of the regulations or provisions contained herein so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.
This chapter shall take effect immediately from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the corporate seal of the Town showing the date of its passage and entry in the minutes, and otherwise, 10 days after the publication and posting as required by Town Law, except that all preexisting excavating, removal or storage of earth, sand, gravel, rock, topsoil or other similar material (excluding wood), other than excavation, removal or storage necessary in connection with construction of buildings, structures, retaining walls, fences, private drives, parking lots, public improvements and public and private utilities, shall have until January 1, 1974, to comply with the provisions of this chapter.