[HISTORY: Adopted by the Town Board of the Town of Hurley 4-26-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
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.
A.
An excavation and filling permit shall be required for the following
actions in accordance with the provisions of this chapter, regardless
of whether the action is carried out by relocating soil or other materials
between the land and other properties or by redistributing the soil
or other materials on the land itself:
A.
The owner of said site shall obtain a permit from the Building Department
which will require compliance with 6 NYCRR 360 and which provides
for the following:
(1)
For each truck delivering fill to a site, there shall be a signed
manifest stating the date of delivery, the origin of the fill, the
type of fill, and a representation that there is full compliance with
6 NYCRR 360.
(2)
The manifest shall be provided to the Building Department on a weekly
basis or whenever
(3)
Material used for landfilling must be clean and nonburnable before
being delivered to the site. Such material shall not contain garbage,
disease-producing organisms, construction and demolition debris, harmful
radioactivity, or any other substance which may be considered harmful.
No material may be used for this purpose which will produce obnoxious
odors, or either cause or require covering or other measures to prevent
the attraction of rats or other vermin, flies, mosquitoes, or other
harmful insects.
B.
The following information is required to be provided to the Building
Department in order to obtain a permit:
(1)
Engineering drawings showing the section, block and lot numbers upon
which the activity will be conducted.
(2)
A plan showing all existing and proposed contour lines of not more
than intervals of two feet, the area that is to be disturbed by the
proposed excavation or landfilling, the amount of fill to be delivered,
location of trees over four inches in diameter measured four feet
from the ground, road access to the site, the area proposed to be
disturbed and its relation to neighboring properties, the location
of any well, and the depth thereof, the location of any sewage disposal
system, the location of natural wetlands and watercourses, if any,
located within 50 feet of the proposed disturbed area, together with
buildings and roads.
(3)
The estimated maximum quantity of material to be excavated and/or
removed and/or the estimated maximum quantity that will be used for
regrading or filling, computed from cross sections of a proposed excavation
or disturbed area and a description of any material to be used, and
the source of the fill material. The source(s) and type(s) of fill
must be suitable for its intended purpose, as determined by the Building
Inspector or the Town's Engineer.
(4)
An erosion control plan.
(5)
The details of any drainage system proposed to be installed and maintained
by the applicant, designed to provide for proper surface drainage
of the land, both during the performance of the work applied for and
after the completion thereof. Drainage may not be re-directed toward
neighboring properties.
(6)
If a proposed excavation is for the purpose of making a lake or pond,
the details of the proposed construction of the dam or other structure
or embankment intended to impound the water, together with the details
and location of proposed discharge and of a valved outlet for drainage
purposes.
(7)
Documentation regarding permit status with the New York State Department
of Environmental Conservation prior to the issuance of a permit. Any
New York State Department of Environmental Conservation permit required
must be in effect prior to the issuing of a permit.
(8)
Proof of insurance adequate to cover the intended work pursuant to
the terms of the permit.
(9)
The rehabilitation proposed and the estimate of the cost of such
work in accordance with the standards in this section.
C.
If in the discretion of the Building Inspector testing or further
monitoring is required, the Building Inspector may require an escrow
account to be funded by the owner of said site to cover such costs.
D.
The owner of said site shall be required to post a surety bond with
the Town Clerk, in a form acceptable to the Town Attorney, in an amount
to be fixed by the Town Board, prior to issuance of said permit in
the following cases:
(1)
When the estimated cost of the work, including all lots, as shown
in the application or as reasonably calculated by the Building Inspector,
exceeds $50,000; or
(2)
When the estimated time of completion as set forth in the application
or as reasonably calculated by the Building Inspector, exceeds 60
days from the issuance of the permit.
E.
The permit does not permit does on-site processing, sorting or crushing.
F.
The Building Inspector may impose other reasonable conditions on
the permit, such as, but not limited to, screening, access controls,
dust controls and site security, which the Building Inspector determines
are necessary in order to adequately maintain the site.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
The process of removing earth to form a cavity in the ground.
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.
The changing or alteration of the ground surface or slopes
on a property.
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.
A.
The Building Inspector shall issue and post notices of violations
of this chapter as well as stop-work orders. In addition, by resolution,
the Town Board may direct the Building Inspector to make such inspection
and reports, initiate and take such court proceedings and perform
all other actions as required by the Town Board as may be necessary
to enforce this chapter or to invoke penalties for violations.
B.
Any person who violates this chapter, upon conviction thereof, shall
be punishable by a fine of not less than $1,000 per day and not more
than $2,500 per day or by imprisonment for a term not to exceed 15
days. Each day's continued violation shall constitute a separate
additional violation.
C.
Convictions for a violation of this chapter shall constitute and
effect an immediate revocation of the permit granted hereunder.
D.
The Building Inspector may suspend the performance of any delivery
of fill and also may revoke any permit issued hereunder or under any
other provision of law purporting to authorize such delivery of fill
for a like period, at any time, in the event of an actual or threatened
violation of this chapter. The Building Inspector shall have the further
authority to suspend and revoke all other permits at the site when
the instant permit is violated or there is a threatened violation.
(1)
The Building Inspector shall accomplish such suspension and revocation
by delivering, personally or by certified mail, a written notice thereof,
stating the particular grounds therefore, to the applicant. Thereafter,
during the period of such suspension and revocation, no delivery of
fill shall be permitted or performed.
(2)
Any person aggrieved by such suspension and/or revocation may appeal
therefrom to the Town Board, who may affirm, modify or reverse the
Building Inspector's action or make such other disposition of
the appeal which may be consistent with the purposes of this chapter.
E.
In addition to the above-provided penalties and punishment and such
other remedies as may now or hereafter be provided by law, the Building
Inspector may maintain an action or proceeding in the name of the
Town in any court of competent jurisdiction to compel compliance with
or to restrain by an injunction the violation of such article and
to recover, by appropriate civil remedies, any cost, expense or damage
sustained by the Town in consequence of such violation, including
an action to enforce the surety bond provided for in this chapter.
F.
Authority to remove and restore. In the event that the owner, occupant
or person in control of such site shall fail to comply with this chapter,
the Town shall have the authority, as provided for herein, to enter
onto such land and remove such noncomplying fill and restore the land
to an appropriate and safe state and charge the cost and expense of
such action against the owner and establish a lien against the land
in the manner herein provided.
Permit application fees may be established and amended from
time to time by resolution of the Town Board.
