[HISTORY: Adopted by the Town Board of the
Town of West Seneca 11-3-2008 by L.L. No. 3-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration and enforcement — See Ch. 55.
Excavations and topsoil removal — See Ch. 68.
Stormwater management and erosion and sediment control — See Ch. 102A.
Subdivison of land — See Ch. 103.
Zoning — See Ch. 120.
[1]
Editor's Note: This local law also repealed
former Ch. 63, Dumping, adopted 9-9-1974, as amended.
The purpose of this chapter is to protect the
health and safety of residents of the Town of West Seneca from hazards
arising from the use of land for dumps and dumping and to prevent
the destruction or loss of value to property which may be caused by
changes in the natural flow of surface waters when low property is
filled in.
As used in this chapter, the following terms
shall have the meanings indicated:
The duly appointed or retained Code Enforcement Officer for
the Town of West Seneca or those individuals properly designated as
his agents.
A subdivision of land having a map on file with Erie County
less than 10 years.
A permit issued by the Code Enforcement Officer allowing
the placement of suitable fill on any land in Town.
The relative height of the ground surface above sea level.
A person licensed to practice engineering in the State of
New York.
A person licensed to practice land surveying in the State
of New York.
A drawing of a parcel of land, surveyed by a professional
land surveyor and designed by a professional engineer, that shows
the existing and proposed ground elevations, contours, all existing
utilities and other topographical information deemed necessary by
the Code Enforcement Officer (Building Inspector) to ensure proper
drainage of that parcel of land.
Any inorganic soil material whose composition is suitable
for use in embankment construction, including broken rock, concrete,
asphalt or mixtures thereof, and any other materials deemed suitable
by the Code Enforcement Officer.
The duly appointed or retained professional engineer for
the Town of West Seneca.
Any material containing vegetable or organic matter, such
as muck, peat, organic silt, topsoil, sod and certain man-made deposits
of industrial waste, toxic or contaminated materials, sludge, landfill
and any other materials deemed unsuitable by the Code Enforcement
Officer.
A.
Any person, firm, organization or corporation intending
to dump suitable fill within the Town of West Seneca must first submit
a dumping permit application with three copies of a required site/drainage
plan stamped by a professional engineer to the Town of West Seneca
Building Department for approval. Once the site/drainage plan has
been approved by the Code Enforcement Officer and Town Engineer, a
dumping permit will be issued by the Code Enforcement Officer.
B.
Any person, firm, organization or corporation intending
to advertise or allow advertisement by sign or otherwise for the dumping
of suitable fill within the Town of West Seneca, on land owned by
said person, firm, organization or corporation must first submit a
dumping permit application with three copies of the required site/drainage
plan stamped by a professional engineer to the Town of West Seneca
Building Department for approval. Once the site/drainage plan has
been approved by the Code Enforcement Officer and Town Engineer, a
dumping permit will be issued by the Code Enforcement Officer.
C.
Any person, firm, organization or corporation intending
to change the grade of any existing land within the Town of West Seneca
must first submit a dumping permit application with three copies of
the required site/drainage plan stamped by a professional engineer
to the Town of West Seneca Building Department for approval, unless
the land is part of a current subdivision. Once the site/drainage
plan is approved by the Code Enforcement Officer and Town Engineer,
a dumping permit will be issued by the Code Enforcement Officer.
D.
A dumping permit issued to any of the above is sufficient
compliance. This section does not apply to land being developed as
part of a current subdivision.
E.
A nonrefundable fee of $500 shall accompany each application
for a suitable fill dumping permit.
F.
The dumping permit shall be valid from the date of
issuance to December 31 of that same calendar year. A maximum one-year
extension may be granted for an additional nonrefundable fee of $500.
To insure that any land which was regraded or
filled with suitable fill conforms to the approved site/drainage plan,
the person, firm, organization or corporation must post a bond in
the amount of $1,000, or provide a certified check in the amount of
$500, at the time the dumping permit is issued. The bond or certified
check shall only be released after the Town Engineer, or his representative,
certifies that the filling operation conforms to the approved plan,
is not impacting adjoining properties and the land was satisfactorily
relandscaped. Make certified check payable to: The Town of West Seneca.
The Code Enforcement Officer shall be charged
with the enforcement of the provisions of this chapter and shall make
inspections to ensure compliance with same.
The present use of any land in violation of
this chapter shall cease within three months from the effective date
of this chapter.
This chapter shall not apply to municipal or
other governmental projects approved by the Town of West Seneca or
to those persons, firms, organizations or corporations holding valid
building permits requiring suitable fill.
Any person, firm, organization or corporation
that violates the provisions of this chapter shall be guilty of an
offense and be liable for a fine of up to $500 for each such offense.
Each day the offense continues shall constitute a separate violation.
If any section or part thereof of this chapter
shall be determined to be void, unconstitutional or invalid by a proper
court of law, such determination shall not be deemed to affect, impair
or invalidate the remainder thereof.
The Dumping Ordinance of the Town of West Seneca,
adopted by the Town Board on September 9, 1974, and all amendments
thereto, is hereby repealed.
This chapter shall be effective upon its filing
with the Secretary of State.
