Town of Greenville, NY Mining, Grading and Filling

No person or entity shall commence or cause to be commenced any earthmoving activities, including but not limited to excavation, clearing, tree removal, stripping, filling with uncontaminated fill per six N.Y.C.R.R. Part 360.7.1(b)(1)(i), grading or removal of soil, rock and other materials in excess of 400 cubic yards of material per year, or in excess of 1/4 acre in area, and that has not been part of a site plan approval by the Planning Board without a permit.

Excavation, clearing, tree removal, stripping, filling, grading or removal of soil, rock and other materials of less than 400 cubic yards of material per year, or of an area less than 1/4 acre shall require a permit where it is:

(1)

Within wetlands;

(2)

Within a 100-foot buffer area of wetlands;

(3)

Within the 100-year floodplain of any watercourse or within a critical environmental area.

If the grading, mining or filling is not part of an application that requires site plan approval by the Planning Board and is subject of a validly approved building permit, then no additional permit is required.

If, in the opinion of the Building Inspector, the application is for less than 400 cubic yards of material and may result in significant impacts on the surrounding properties or change to the existing lots, including, but not limited to, change to or increase in stormwater runoff, soil erosion or a grade change in excess of 10% overall, the Building Inspector shall refer such application to the Town Engineer for further consideration. If the Town Engineer also concludes that the application may result in significant impacts on the surrounding properties or change to the existing lots, then the Town Engineer shall refer the application to the Planning Board for site plan review in accordance with the Article VII, § 205-29 of the Zoning Law of the Town of Greenville.

In instances where a property owner is in need of fill dirt, in excess of 400 cubic yards, to improve their property they shall consult with the Building Inspector prior to the commencement of any work. The Building Inspector, in conjunction with the Town Engineer, may waive the requirement of the property owner to submit to the Planning Board for approvals if the circumstance of the work scope do not create a nuisance to direct neighboring properties. If a waiver is not warranted then the applicant must follow the guidelines of Article VII, § 205-29 of the Zoning Law of the Town of Greenville.

All fees an expenses incurred by review of the application by the Town Engineer shall be paid by the applicant pursuant to § 79-16 of this chapter.