[Adopted 8-13-1990 by L.L. No. 8-1990]
It is the purpose of this article to protect public health, safety and welfare in the Town of Hamburg by regulating site preparation and construction activities, including excavation, filling, grading and stripping, so as to prevent problems related to erosion, sediment or drainage. In relation to this purpose, the local law is intended to:
A. 
Preserve the quality of the natural environment from such adverse effects of site preparation and construction as:
(1) 
Pollution of lakes, ponds and watercourses from silt or other materials.
(2) 
Unnecessary disturbance or destruction of trees and other vegetation, as well as wildlife and their habitats.
(3) 
Excessive exposure of soil to erosion.
(4) 
Unnecessary modification of natural topography or unique geological features.
(5) 
Failure to restore sites to an attractive natural condition.
B. 
Protect people and properties from such adverse effects of site preparation and construction such as:
(1) 
Increased runoff, erosion and sediment.
(2) 
Increased threat to life and property from flooding or stormwaters.
(3) 
Increased slope instability and hazards from landslides and slumping.
(4) 
Modifications of the groundwater regime that adversely affect wells and surface water levels.
C. 
Protect the town and other governmental bodies from having to undertake, at public expense, programs of repairing roads and other public facilities, of providing flood protection facilities and of compensating private property owners for the destruction of properties arising from the adverse effects of site preparation and construction.
D. 
Ensure that site preparation and construction are consistent with the codes, rules and regulations of the Town of Hamburg.
A. 
None of the following activities shall be commenced until a permit has been issued under the provisions of this article:
(1) 
Site preparation in the subdivision of land into two or more parcels.
(2) 
Site preparation of nonresidential land for new construction and improvements of any commercial, industrial or other nonresidential lands or structures.
(3) 
Site preparation within wetlands.
(4) 
Site preparation within the one-hundred-year floodplain of any watercourse.
(5) 
The removal or destruction of vegetation or trees which disturbs more than 20,000 square feet of ground surface within any parcel or any contiguous area.
(6) 
Stripping which disturbs more than 20,000 square feet of ground surface within any parcel or any contiguous area.
(7) 
Grading which disturbs more than 20,000 square feet of ground surface within any parcel or any contiguous area.
(8) 
Filling which exceeds a total of 200 cubic yards of material within any parcel or any contiguous area.
B. 
The following activities are exempted from permit requirements:
(1) 
Activities not meeting the criteria in Subsection A.
(2) 
Agricultural operations.
(3) 
Excavations for the basements and footings of single-family homes and for septic tank systems, wells and swimming pools accessory to single-family homes, excepting house excavations required to obtain permits under Subsection A.
(4) 
Household gardening and activities related to the maintenance of landscape features on existing developed lots, excepting such activities as are required to obtain permits under Subsection A(5) through (8).
(5) 
Placement of topsoil, for the purpose of landscape, on new single-family building lots not in a subdivision.
(6) 
Governmental activities, but only to the extent that such activities are exempted from the provisions of this article by law.
A. 
Before any site preparation requiring a permit under § 107-11 of this article is commenced, a permit application shall have been filed with the Town Clerk and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this article.
B. 
Upon filing an application for a permit, the applicant(s) shall pay to the Town Clerk a fee. The fee shall be set by the Town Board to cover the costs of administration and shall in no part be returnable to the applicant(s).
C. 
Permit application materials. A property owner(s) or his agent(s) may initiate a request for a permit or the modification of a permit by filing with the Town Clerk six copies of an application. Maps and plans accompanying the application shall be prepared by a licensed architect, landscape architect or engineer. The Town Engineer may modify the requirements concerning materials to accompany the application by waiving or adding such requirements as he deems appropriate to the nature and scope of the proposed activities. The Town Engineer may require the applicant(s) to reconstruct application materials if they are deemed to be of insufficient scale or quality or do not meet the standards of the Town Engineer.
A. 
Prior to granting a permit, the Town Planning Board shall issue site plan approval. If site plan approval is not required, the Town Engineer shall have the authority to grant or deny all permits pursuant to this article.
B. 
Copies of the permit application for all projects not requiring site plan or subdivision approval shall be submitted to the Conservation Board, which shall submit recommendations on the application to the Town Engineer within 30 days of the date of filing. The Town Engineer shall act on the application within 10 days of receiving a recommendation.
C. 
Prior to granting a permit, the Town Engineer shall determine that the request is in harmony with the purpose and standards set forth in this article.
D. 
In granting a permit, the Town Engineer shall fix a reasonable time limit for the termination of the permit and may attach any conditions which he deems necessary to assure compliance with the provisions of this article.
Major modifications of the terms of approved permits shall follow the same application, review and approval procedures as those set forth in this section for the original permit.
It shall be the responsibility of the authorized official to inspect sites as frequently as necessary to assure compliance with the terms of approved permits and the provisions of this article and to submit written notification of any violation of these terms or provisions to the Town Engineer.
If at any time during the effective period of a permit or upon its expiration the terms of the permit are violated, the town may revoke the permit.
If the applicant shall be unable to complete the project or any phrase thereof within the specified time, he shall, 30 days prior to the specified date of completion, present, in writing, a request for an extension of time, setting forth therein the reasons for the request. If, in the discretion of the Town Engineer, such an extension is warranted, the Town Engineer may grant additional time for the completion of the work.
The Town Engineer shall develop criteria to assist in determining all standards for clearing, stripping and erosion control. The standards may be changed, modified or updated from time to time if such changes are considered desirable by the Town Engineer. All applicable county, state or other requirements shall also apply.
A. 
If there is any violation of this article, the person, firm, partnership, corporation or other party responsible shall be notified and shall immediately cease all construction operations or site preparation deemed in violation. The same shall cause any damage due to a violation of this article to be corrected within 36 hours of notice. If it is acceptable to the authorized enforcer, a compliance schedule may be submitted for approval. In the event of an immediate danger to the public health or safety, notice shall be given by the most expeditious means, and the violation shall be remedied immediately. In the event that the damage is not properly remedied, the town shall cause such, and the cost of such by the town shall be paid to the town by the party who failed to so remedy and shall be a debt owed to the town.
B. 
Penalties for offenses. Any violation of this article is an offense punishable by a fine not exceeding $550 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each day's continued violation shall be deemed to have occurred from the date of written notification of violation issued by the authorized official or other enforcing officer or from such date as may be designated in such written notice.
C. 
Complaints of violations. Whenever a violation of this article occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the authorized official or other enforcing officer, who shall properly record such complaint and immediately investigate any report thereon.
D. 
Action on complaints; appearance tickets. Upon the complaint of any owner, tenant, resident, citizen or other person or upon the authorized official having reasonable cause to believe that a violation of this article has been committed, the authorized official or other enforcing officer shall issue and serve an appearance ticket for such violation.
If any section, subsection, paragraph, sentence, clause or other part of this article is for any reason invalid, the validity of the remaining portion of this article shall not be affected.
Upon the approval of this article by the Town Board, all site preparation and construction activities requiring a permit under this article shall be in conformance with the provisions set forth herein.
This article shall take effect and be in force immediately after filing with the Secretary of State.