This chapter is enacted in accordance with Article 2, Subdivision 10, of the Municipal Home Rule Law, which gives the Town of Hurley the power to protect and enhance its physical environment; Article 12-B, Subdivisions 239-l and m, of the General Municipal Law; § 10 of the New York Statute of Local Governments; Article
IX of the New York State Constitution; and other legislative authority of the State of New York, as amended from time to time.
The Town Board of the Town of Hurley hereby finds that uncontrolled
filling or excavating of land may cause serious health, safety and
environmental problems, including erosion, siltation, flooding and
other potential harmful effects. It is the purpose of this chapter
to prevent such harmful effects, to ensure only clean fill is used,
to ensure the placement or removal of fill does not create unsafe
or unstable slopes or dropoffs, to ensure the placement or removal
of large quantities of fill is done in a safe and professional manner
and thus promote the public health, safety and welfare in the Town
of Hurley.
The approving authority for all applications shall be the Building
Inspector, except that the Planning Board shall be the approving authority
for any application that is also the subject to review for a pending
site plan, subdivision plan, wetlands permit, or steep slopes permit
before the Planning Board in accordance with the requirements of the
Code of the Town of Hurley.
While the following activities are exempt from permit requirements,
the Building Inspector may still request verification of the quantity
and source of all fill, and the homeowner must provide such documentation.
In all situations, only clean fill may be used. The following operations
are exempt and do not require a permit:
A. Permits will not be required for an excavation or filling operation
involving less than 200 cubic yards of material over a period of 12
consecutive months.
B. The provisions of this chapter shall not apply to operations conducted
by or for the Town of Hurley, or any department or agency thereof.
C. Farming. The provisions of the chapter shall not be construed as
prohibiting or limiting the normal use of land for farming or gardening,
or similar agricultural or horticultural uses in any district.
D. Lawns, gardens and driveways. The provisions of this chapter shall
not be construed as prohibiting or limiting the normal addition of
topsoil or fertilizer to lawns and gardens, or the addition of gravel
or material for the primary purpose of improving or beautifying the
surfaces of previously graded areas. The placement of topsoil not
exceeding three inches in depth over an area not exceeding 5,000 square
feet shall not require an excavation and filling permit, provided
that said topsoil is immediately seeded and mulched.
E. Permitted septic systems and permitted new structures. The provisions
of this chapter shall not be construed as prohibiting or limiting
the normal addition of soil or fill from permitted septic systems,
the backfilling of new permitted structures or the creation of new
permitted driveway and parking areas. Any legally permitted work will
not require an additional fill and grading permit.
F. Projects requiring Planning Board review. Where projects require
Planning Board approval for site plan review, special permits, etc.,
the Planning Board will also conduct a review of any proposed fill
or grading plan as part of their overall review of the proposed project.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEAN FILL
Natural material including soil, rock and stone that is uncontaminated,
meaning the fill has not been mixed with any construction debris,
concrete, asphalt or any waste and has not been subjected to any known
spill or release of chemical contaminants, including petroleum product,
nor treated to remediate such contamination. Clean fill must be free
of solid waste, including land clearing debris, construction and demolition
debris, municipal solid waste, radioactive waste, hazardous waste
or special waste. Such fill material shall contain no contaminants
beyond what would normally be expected for that material and meet
other federal and state guidelines. Clean fill shall be deemed not
to include any fill originating within New York City or otherwise
regulated under 6 NYCRR Part 360.
CONSTRUCTION AND DEMOLITION DEBRIS
All waste from the construction, demolition, remodeling and
repair of structures, road building and land clearing. Such waste
includes, but is not limited to, bricks, concrete and other masonry
materials, shingles, siding, Sheetrock, paneling, insulation, scrap
wood, fasteners, and bathroom and other fixtures.
EXCAVATION
The process of removing earth to form a cavity in the ground.
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.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter and any debris,
whether organic or construction debris, including, but not limited
to, asphalt and concrete.
Permit application fees may be established and amended from
time to time by resolution of the Town Board.