This chapter shall be known and may be cited as the "Village of Colonie
Clearing, Grading and Filling of Land and Erosion Control Law."
This chapter shall apply to applicants, developers and/or property owners
before the Planning Commission of the Village of Colonie for approval of any
kind of developments and to those other persons who propose to remove any
substantial vegetation or topsoil or perform any substantial grading or filling
operations affecting an area of 10,000 square feet or greater within the Village
of Colonie.
The permit procedures contained in this chapter shall not apply to the
following actions:
A. Activities involved in the necessary normal maintenance
and upkeep of property, which activities shall include but not be limited
to the following:
(4) Removal of dead, damaged or diseased vegetation.
(5) Removal or repair of faulty or deteriorating sewage disposal
facilities.
B. Activities involved in normal agricultural pursuits,
which activities shall include but are to be limited to the following:
(1) Preparation of land for nursery operations.
(2) Preparation of agricultural land to seed or harvest crops.
(3) Proper forest management practices.
C. Activities involved in the construction of an individual
single-family or two-family residence, provided that the total affected area
does not exceed 20,000 square feet.
D. Activities involved in and directly associated with any
sand and gravel excavation or mining activity which has a current approved
permit issued by the New York State Department of Environmental Conservation,
and further provided that such activities are operated and maintained in compliance
with all associated permit conditions.
E. Activities involved in and directly associated with any
building construction or site development project for which site plan or subdivision
approval has been granted by the Village of Colonie in accordance with all
applicable regulations.
To the degree practicable, all village officials and bodies shall endeavor
to integrate the provisions of this chapter with other provisions related
to, but not limited to, subdivision review and approval, site plan review
and approval, mining permit issuance and environmental quality review procedures.
Any person, permit holder, applicant, developer and/or property owner
violating any of the provisions of this chapter shall be subject to a fine
of $250 or to imprisonment for a period not exceeding 15 days, or both, for
each offense. Each day during which such violation shall continue shall constitute
and be a separate offense.
The provisions of this chapter shall be enforced by the Code Enforcement
Officer or by the Town of Colonie police.