[HISTORY: Adopted by the Town Board of the Town of Harrison as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-2-1997 by L.L. No. 7-1997]
A.
On all sites in the Town of Harrison in which fill is
delivered, 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:
[Amended 9-3-1997 by L.L. No. 9-1997]
(1)
For each truck delivering fill to a site, there shall
be a signed manifest by the owner 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 requested by the Building Department on a more
frequent basis.
(3)
The owner of said site shall hire an independent inspector,
approved by the Building Department, who shall be on location at all times
in which deliveries of fill are made and who shall independently provide the
Building Department with a statement that the fill delivered is in compliance
with 6 NYCRR 360. Said statements will be provided to the Building Department
on a weekly basis or whenever requested by the Building Department on a more
frequent basis.
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)
The names and addresses and the section, block and lot
numbers of all contiguous property owners, and the names and addresses and
section, block and lot numbers of all property owners within 500 feet of the
proposed site.
(3)
A plan showing all existing and proposed contour lines,
amount of fill to be delivered, location of trees over four inches in diameter
measured four feet from the ground and road access to the site.
(4)
An erosion control plan.
(5)
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.
(6)
Proof of insurance adequate to cover the intended work
pursuant to the terms of the permit. The Town of Harrison shall be named as
an additional insured on the owner's policy. The owner shall by a separate
instrument agree to indemnify and hold harmless the Town of Harrison from
any claims arising out of the intended activity.
C.
If in the discretion of the Building Department testing
or further monitoring is required, the owner of said site is required to pay
such sums to the Building Department 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 Building Department, 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 $5,000; 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.
A.
No person or entity may deliver fill to sites; in the
Town of Harrison unless said person or entity, and all trucks under their
ownership, are approved and obtain a permit issued by the Building Department
and the Town of Harrison. The permits issued shall be specific to the trucks
owned by the person or entity and are not transferrable.
[Amended 9-3-1997 by L.L. No. 9-1997]
B.
Each person or entity that seeks to deliver fill to sites
in the Town of Harrison shall provide to and represent the following to the
Building Department on a Building Department form:
(1)
History of ownership information and address for last
five years;
(2)
Names of drivers;
(3)
Number of trucks owned and specific identity, including
vehicle identification number and plate number, to be used in the Town of
Harrison;
[Amended 9-3-1997 by L.L. No. 9-1997]
(4)
Representation that person or entity will act in compliance
with 6 NYCRR 360;
(5)
Representation that person or entity will prominently
display in the front window of every truck the specific truck permit evidencing
that it has been approved to make deliveries of fill in the Town of Harrison;
[Amended 9-3-1997 by L.L. No. 9-1997]
(6)
Documentation evidencing permits to operate in New York
State and compliance with 6 NYCRR 360;
(7)
Description of violations of any kind in the last 10
years;
(8)
Description of judgments of any kind in the last years;
[Amended 9-3-1997 by L.L. No. 9-1997]
(9)
List of 10 largest jobs with the name, address and telephone
numbers of reference;
(10)
Proof of insurance adequate to cover the intended work
pursuant to the terms of the permit. The Town of Harrison shall be named as
an additional insured on the holder's policy. The holder shall by a separate
instrument agree to indemnify and hold harmless the Town of Harrison from
any claims arising out of the intended activity.
[Added 9-3-1997 by L.L. No. 9-1997]
C.
The Building Inspector shall charge a permit fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code for said person or entity who delivers fill, an additional fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code for each truck greater than five yards and an additional fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code for each trailer used by said person or entity. Said person or entity shall not contract out with another person or entity to deliver fill if that entity is not approved and permitted by the Building Department and the Town of Harrison.
[Amended 2-21-2007 by L.L. No. 1-2007]
Notwithstanding that a person or entity has a permit, that person or
entity cannot deliver any fill to a specific site unless there is an owner's
permit issued for that site. It is the responsibility of the holder of the
truck permit to ensure that an owner has a permit for the site prior to the
holder of the truck permit engaging in any activity.
No delivery of fill shall be made except in accordance with a schedule
to be approved by the Building Department.
"Fill" shall include any and all material delivered to a site for purposes
of filling in land or regrading.
[Added 9-3-1997 by L.L. No. 9-1997[1]]
A.
There shall be an investigation by the Harrison Police
Department before any permit is issued.
B.
In order to ascertain any previous criminal record of
any applicant, the police investigating officer shall take the fingerprints
and physical descriptive data in quadruplicate of each individual that signs
and verifies any application and of each principal owner of the corporation
or business under the aforesaid local law. Three copies of such fingerprints
shall be taken on standard fingerprint cards, eight inches square, one of
which may be taken on a card supplied for that purpose by the Federal Bureau
of Investigation. The applicant will be required to provide a $50 postal money
order or such other form of payment acceptable by the New York State Division
of Criminal Justice Services made payable to the New York State Division of
Criminal Justice Services. When completed, one standard card shall be promptly
submitted to the New York State Division of Criminal Justice Services, where
it shall be appropriately processed and returned by it to the Town of Harrison
with the criminal history check.
C.
Any misdemeanor or felony conviction relating to the
delivery of construction fill or involving construction shall preclude an
applicant from receiving a permit.
A.
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 article, 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.
B.
Town Board action. Notwithstanding anything stated in
this article, any owner of real property in the town shall be required to
remove the noncomplying fill which exists upon his land and restore the land
to an appropriate and safe state when directed to do so by resolution of the
Town Board, pursuant to the authority provided under Town Law § 64,
Subdivision 5-a.
C.
Notice to be served. Whenever the Town Board shall adopt
a resolution requiring the owners of land to remove the noncomplying fill
which exists thereon and restore the land to an appropriate and safe state,
the Town Board shall specify the time within which such work shall be completed.
Such notice shall set forth, with reasonable certainty, the location at which
the condition exists, the material to be removed and the requirement that
appropriate restoration measures must be taken. Giving due consideration to
the material and the location thereof, the town shall give the owners no more
than 30 days from the date of the mailing of the notice during which actual
removal work on such land shall be commenced and no more than 90 days from
the date of the mailing of the notice during which removal work and restoration
of the land shall be completed. Notice of the adoption of a resolution requiring
the work shall be served upon the owners of the land by certified mail, addressed
to either the owners at the address of the land or the last known address
of said owners. In removing the noncomplying fill and restoring the land to
an appropriate and safe state, the owners shall be required to comply with
all laws, rules, regulations, orders and ordinances.
D.
Failure to comply. Whenever any notice referred to in
this article has been mailed and the owner shall neglect or fail to comply
with any of the time periods provided herein, the Town Board shall authorize
the work to be done and shall provide for the cost thereof to be paid from
the general town funds as directed by resolution.
E.
Manner of assessment of cost. In any case where it shall
be necessary for the Town Board to have the work performed due to the owner's
failure to comply with the Town Board's resolution, the town shall be
reimbursed for the cost of the work performed or the services rendered (including,
without limitation, the cost of professionals employed by the town) at its
direction by assessment or levy upon the lots or parcels of land where such
work was performed or such services rendered. All costs actually incurred
by the town upon each lot or parcel and the charge therefor shall be assessed
and collected in the same manner and in the same time as other ad valorem
town charges.
[Added 9-3-1997 by L.L. No. 9-1997]
All applications and representations shall be verified under oath.
A.
Any person who violates this article, 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.
B.
Convictions for a violation of this article shall constitute
and effect an immediate revocation of the permit granted hereunder.
C.
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 article. 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 therefor, 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 article.
D.
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 article.
A.
This article shall not apply to the homeowner who has
delivered on his property three yards or less of fill, in an aggregate, on
an annual basis.
[Added 9-3-1997 by L.L. No. 9-1997]
All permits shall only be on an annual basis and renewals shall be made
as if the application was brought anew.
