The purpose of this chapter is to promote and protect the public
health, safety, general welfare, natural environment and roadways
of the Town of Crawford and to ensure that the filling and grading
of properties are safely and properly conducted in conformance with
applicable laws and regulations.
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
ENFORCEMENT OFFICER
The Town Building Inspector, Code Enforcement Officer, police
officer or other person so designated by the Town Board.
FILLING
The placement of soil, rubble, spoils, rocks and/or any other
appropriate fill on any property for the purpose or effect of raising,
elevating or otherwise altering any portion of a property.
GRADING
The changing or alteration of the ground surface or slopes
on a property.
No person shall conduct or cause or allow to be conducted any filling or grading on any property without securing a permit from the Town Building Department, unless an exemption set forth in §
86-5 applies.
A permit to fill or grade property shall not be required for
routine landscaping, grading lawn areas, normal repairs to occupied
property, correcting hazards representing an imminent threat to life
or property, removal of dead wood, customary agricultural operations,
filling or grading activities that affect less than 10,000 square
feet of ground surface area, or land development pursuant to, but
not prior to, a building permit, approved final subdivision plan or
approved site plan.
The following information or exhibits are required in order
to obtain a permit, unless the Building Inspector determines, based
on the facts of a particular application, that compliance with a particular
requirement is not necessary for the proper review of that application:
A. Drawings showing the tax lot upon which the activity will be conducted.
The Building Inspector or Planning Board may require drawings prepared
by a professional engineer or surveyor licensed in the State of New
York.
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 applicant's property.
C. A plan showing the area to be filled, graded or otherwise disturbed,
all existing and proposed contour lines, amount of fill to be placed
or displaced, location of trees over eight inches in diameter measured
four feet from the ground, and road access to the property.
D. The source(s) of the fill material and a description of the fill
material.
E. The type and capacity of vehicles that would deliver fill to the
property, the number of vehicle trips each day, the expected routes
to the property, and the beginning and completion dates of the operation.
G. Documentation regarding permit status with the New York State Department
of Environmental Conservation prior to the issuance of a permit. Any
required NYSDEC permit must be in effect prior to the issuance of
a permit by the Building Inspector.
H. Any other information which the Building Inspector or Planning Board
deems reasonable in reviewing the application.
The applicant shall be required to post a cash bond in an amount
to be determined by the Building Inspector, which bond shall be posted
with the Town Clerk to guarantee the satisfactory restoration and
reclamation of the site and repair of any Town roads or other public
property which might be damaged as a result of filling and grading
activities. In the event that the applicant fails or refuses to make
the necessary restoration, reclamation or repairs, the Town Board
may, after notice and due process hearing, cause the necessary restoration,
reclamation or repairs, by contractor or otherwise, and utilize the
proceeds of the cash bond to pay for the cost and expense of such
work, including but not limited to reasonable attorneys' and
consultant fees.
Permit application fees may be established and amended from
time to time by resolution of the Town Board.