[G.O. No. 1129, § 2]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
REDISTRIBUTION
The making of any change or alteration in the grade of any
property, using soil derived from within that property.
REMOVAL
Any digging, excavation, placement, replacement, filling,
grading, leveling of soil, or any activity which shall alter or change
the grade, location or contour of lands, and the transportation or
supplying of soil.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
[G.O. No. 1129, § 2; amended 11-8-2023 by G.O. No. 2023-33]
No person shall remove, permit or cause soil to be removed from
or to be filled, placed or replaced on any places within the Town,
for all grading or earthwork in excess of 200 square feet on all developed
or undeveloped properties unless a permit therefor has been issued
by the Town Engineer. It shall not be necessary that a separate permit
be obtained for each load or unit of soil so removed, filled, placed
or replaced; provided, that the work is being done as part of a single
removal or filling program for which a permit has been issued; but
in the event that the performance of such work shall extend beyond
one calendar year, a new permit shall be applied for and obtained
annually.
[G.O. No. 1129, § 2]
Any person desiring to remove, redistribute or fill soil for which a permit is required pursuant to Section
22-2 shall file with the Town Engineer an application for such removal, redistribution or filling. Such application shall be signed by the person intending to perform such operation, and by the owners of the premises from or on which soil is to be removed, redistributed or filled, and shall include or be accompanied by the following information:
(a) A map of the premises showing the present contour lines at no more
than two-foot intervals, and the future contour lines resulting from
the proposed removal, filling or redistribution, together with the
existing and future proposed grades in relation to the topography
of the premises.
(b) The reasons for the proposed work and the proposed dates for commencement
and completion.
(c) The address, lot and block number of the premises from which or on
which soil is to be removed or filled, and the names and addresses
of the owners.
(d) Type and quantity of soil to be moved.
(e) Such other pertinent data as Town Engineer shall deem necessary.
[G.O. No. 1129, § 2]
In considering the application, the Town Engineer shall take
into consideration and be guided by the following factors relating
to the subject property and other properties affected:
(a) Soil erosion by water and wind,
(b) Drainage and flooding characteristics,
(d) Lateral support slopes and grades of abutting and nearby streets
and lands,
(f) Unfavorable environmental impact,
(g) Any other factors which may bear upon or relate to the coordinated,
adjusted and harmonious development of lands involved and of other
lands, in accordance with the Zoning and Building Ordinances and master
plan of the Town.
If, after examination of the application and map and consideration
of the effect of the proposed operation in the light of the criteria
herein set forth, the Town Engineer shall determine that the proposed
removal, filling or redistribution shall not create conditions inimical
or detrimental to the health, safety or welfare of the Town or any
of its inhabitants; will not result in the creation of any sharp declivities,
pits or depressions, soil erosion or fertility problems or depressed
land values; nor create any sewerage or drainage problems or other
conditions of danger; nor obstruct or hinder the normal development,
maintenance or enjoyment of the lands in question or of adjacent,
nearby or surrounding lands according to the master plan of the Town,
then he shall issue the permit. Notice of issuance of the permit shall
be duly published and advertised in the local paper, and work may
not commence under the said permit until five days after the date
of such application.
[G.O. No. 1129, § 2]
The decision of the Town Engineer to grant or to deny the permit requested shall be subject to review by the Planning Board, upon the written request of the applicant or of any citizen who shall be affected by the proposed removal, redistribution or filling. Such written request must be filed with the Town Engineer within five days after publication of notice of permit variance; and the Planning Board shall grant a hearing for review of the such action of the Town Engineer within 30 days thereafter. The Planning Board, in considering and reviewing the decision of the Town Engineer, shall be guided by and take into consideration the criteria set forth in Section
22-4 of this chapter and, upon conclusion of such hearing, may affirm the decision and order that a permit be issued or revoked, as the case may be.
[G.O. No. 1129, § 2]
No permit for soil removal, redistribution or filling shall
be issued until a fee of $100 shall be paid by the applicant to the
Town Engineer, together with a charge of $0.25 per cubic yard for
each cubic yard of soil estimated to be removed, redistributed or
filled pursuant to such permit, during the period for which permit
or extension is to be issued.
The permit fee and charges herein provided may be waived by
the Town Engineer, with the consent and approval of the Town Council,
when the engineer and Council shall determine that the owner of the
premises upon which the proposed work is to be performed is a nonprofit
charitable or tax-exempt organization performing services for, and
that performance of the proposed soil removal, filling or redistribution
is in the best interests of, the citizens of the Town.
[G.O. No. 1129, § 2]
Before any permit for soil removal or filling shall be issued,
the owner, or the person conducting such operation shall file with
the Town Clerk a surety company bond in an amount to be fixed by the
Town Engineer after considering the necessities and requirements of
the undertaking, and in a form to be approved by the Town Attorney.
Such bond shall be conditioned that the work of soil removal or filling
shall comply with the Code and other city ordinances and regulations
on the subject, and shall be done in proper manner in accordance with
the approved grades, and that the top layer of soil to a depth of
four inches shall be set aside and retained to be thereafter respread
over the area when the last of the removal and filling has been completed.
Such bond shall be further conditioned that repairs at the expense
of the owner shall be made to any street used in transportation if
the Town shall consider repairs necessary because of such use of the
streets, and that the work shall be properly done without detriment
to adjoining properties or detriment to the Town and without leaving
any sharp declivities, pits or depressions, and that the property
shall be leveled off properly and cleared of debris, and that the
owner or the person performing such operation will pay the cost of
engineering, inspection, supervision and street cleaning incurred
by the Town during the progress of the soil removal or filling.
[G.O. No. 1129, § 2]
Any soil removal or filling operation shall be so conducted
that there shall be no sharp declivities, pits or depressions and
so that the area shall be properly leveled off, cleared of debris
and graded; to conform to the approved grades, and shall not substantially
increase or alter the existing water drainage characteristics to the
detriment of adjacent, nearby or surrounding properties.
The top four inches of arable soil shall not be removed from
the premises, but shall be set aside for retention on the premises
and shall be respread on the premises when the rest of the soil has
been removed or filled pursuant to approved levels, and all of such
work shall be completed within the time period specified in the application,
and no work shall be carried on except between the hours of 8:00 a.m.
and 8:00 p.m. on any weekday.
[G.O. No. 1129, § 2]
In the removal or filling of soil, dirt or other material, only
such streets within the Town shall be used for transportation as may
be designated for that purpose by the Town Engineer. Such streets
shall be kept free from dirt resulting from such soil removal of filling
work.
[G.O. No. 1129, § 2]
This chapter shall not apply to excavations or removal or filling
of soil incident to work under a permit issued by the building official
for the construction of buildings, nor to excavations or removal or
filling of soil incident to a permit issued by the Town Engineer for
trench work, nor to excavations or filling for improvements being
made by the Town or its contractors.
[G.O. No. 1129, § 2]
Nothing in this chapter shall be so construed as to prevent
the appropriate Town officials from initiating injunctive proceedings
so as to restrain removal, redistribution or filling of soil as described
in this chapter.
[G.O. No. 1129, § 2]
If any person shall continue to violate any of the provisions
of this chapter after being duly notified of such violation, or shall
neglect or refuse to comply with any lawful order of the Town Engineer,
each day of failure to comply with a second notice or lawful order,
or with each subsequent notice or order, shall be construed to be
an additional violation of this chapter, and each such additional
violation shall subject the offending party, upon conviction, to the
same penalty as provided for a first offense.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, pay a fine of not less than $100 nor more
than $500 or be imprisoned in the county jail for not more than 30
days, for each such violation.