The purpose of this article is to protect and preserve the environment
in the Town by regulating the excavating, grading, regrading, landfilling,
berming or diking of any property, the removal of certain trees and
any other actions affecting land that may adversely affect the environment.
This article shall apply to all lands in the Town which have
not been granted final subdivision approval or final site plan approval
and which do not have a Town-approved grading plan.
A.
When required. Unless specifically exempted in this section, a landscape
and drainage alteration permit shall be obtained from the Commissioner
of Public Works prior to the commencement of any excavating, grading,
regrading, landfilling, berming, diking or the installation or modification
of any drainage swale, channel or pipe of any land within the Town
and prior to the removal of any trees with a diameter in excess of
three inches at a point 4 1/2 feet above grade.
B.
Exemptions. A landscape alteration permit shall not be required for
the following activities:
(1)
Agricultural and farming operations which constitute the principal
use of any lot or tract of ground.
(2)
Customary and incidental routine grounds maintenance, landscaping
and gardening which does not affect stormwater drainage entering or
leaving any public right-of-way.
(3)
Emergency repairs of a temporary nature which are necessary
for the preservation of life, health or property and which are made
under such circumstances as to make it impossible or impractical to
obtain a landscape alteration permit.
B.
The Commissioner of Public Works shall, within five working days,
notify the applicant whether or not the permit will be approved, approved
with conditions or disapproved. If the permit is disapproved, the
reasons for the disapproval shall be stated.
C.
The applicant shall have the right to appeal any approval with conditions
or disapproval to the Zoning Board of Appeals.
A.
The Commissioner of Public Works, or his designated agent, shall
issue a stop-work order to any person acting in violation of this
article.
Notwithstanding the provisions of § 185-187, the Commissioner of Public Works may require such violator and/or the owner of the property to restore the site as nearly as possible to its previous condition if the Commissioner determines such action is required to prevent further damage to the site or the environment in general.
