[HISTORY: Adopted by the Town Board of the
Town of Marlborough 11-25-2002 by L.L. No. 5-2002.[1] Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All activities directly related to the growing or raising
of crops or livestock for the sale of agricultural produce, dairy
and meat products, including horticulture and fruit farming operations.
The Town Building Inspector or other persons designated by
the Town Board to administer and maintain the provisions of this chapter.
Any activity which removes or significantly disturbs living
trees, brush, grass or any other kind of vegetation, excepting the
products of agricultural operations in an area of any size.
Any residue associated with clearing, including, but not
limited to, stumps, trunks, trees, treetops and branches.
The gravitational movement of water by surface runoff of
subsurface flow.
The use of an extended detention pond as defined under the
Environmental Conservation Law.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any activity which removes or disturbs rock, gravel, sand,
soil or mineral deposits.
Any activity in which deposit is natural or artificial material
so as to modify the surface or subsurface condition of lands, lakes,
ponds, watercourses.
The alteration of surface or subsurface condition of lands,
lakes, ponds or watercourses by excavation or filling.
A New York State licensed engineer, architect, landscape
architect or land surveyor with the appropriate exemption under state
law.
Solid material, both mineral and organic, that is being transported,
has been deposited or has been removed from its original location.
All minerals, material and nonliving organic material of
whatever origin which overlays bedrock.
Those requiring review only by the Building Inspector.
Those permits requiring approval of both the Building Inspector
and Planning Board.
Any natural or artificial stream, river, creek, channel,
canal, conduit, culvert, drainageway, gully, ravine, or wash in which
water flows in a definitive direction or course, which includes both
continuous and intermittent flow.
Those areas as defined by the New York State Department of
Environmental Conservation and/or the U.S. Army Corps Of Engineers
as wetlands.
It is the purpose of this chapter to protect
the public health, safety and welfare of the residents of the Town
of Marlborough by providing for the proper use of land and regulating
site preparation, construction activities and other activities impacting
the land, including excavation, filling, grading and clearing. It
is the intent of this chapter to protect the natural environment in
order to prevent indiscriminate and excessive disturbance to land
and prevent problems related to erosion, sediment or excessive drainage.
A.
The purpose of this chapter is to:
(1)
Preserve the quality of the natural environment from
adverse impacts such as pollution of watercourses, unnecessary destruction
of vegetation, excessive exposure of soil to erosion and the unnecessary
modification of topography.
(2)
Protect people and property from adverse effects of
activities impacting the land, such as increased runoff, erosion and
sediment control, threats to life and property from flooding, landslides
and increased stormwater to prevent slope stability problems for the
creation of unstable slopes.
None of the following activities shall be commenced
or undertaken until a permit has been issued under provisions of this
chapter, where the parameters are set forth under the regulations
are met or exceeded:
The following activities are exempt from permit
requirements:
B.
Agricultural operations.
C.
Repair to occupied structures.
D.
Correcting hazards causing an imminent threat to life
or property.
E.
Excavation or filling which affects less than 400
cubic yards of material within any one parcel.
F.
Clearing or grading which affects less than 20,000
square feet of ground surface.
G.
Clearing of brush or undercover vegetation less than
four inches in diameter.
H.
Household gardening or activities related to the maintenance
of landscape features.
I.
Governmental activities.
J.
Activities performed in conjunction with a building
permit.
K.
Activities performed in conjunction with site plan
approvals or subdivision approvals.
L.
Activities which have received approval from a Town
agency prior to enacting this chapter.
M.
Harvesting of firewood for private use.
A.
Before any activity requiring a permit under § 75-5 of this chapter is commenced, three copies of the permit application shall be filed with the Building Inspector. Applications shall be approved by the Planning Board. Upon filing of the application for a permit, the applicant shall pay the Town a fee as set forth in Chapter 155, Zoning. The Building Inspector shall have authority to grant or deny permits for all activities subject to this chapter. The Building Inspector shall be authorized to classify any application as a Type 2 permit should the Building Inspector deem the application warrant Planning Board review.
B.
The Building Inspector shall not grant a permit for
the following activities without approval of the Town Planning Board.
All applications exceeding the below-referenced thresholds shall be
considered Type 2 permits and shall be sent to the Planning Board
for approval prior to authorization by the Building Inspector:
(1)
Clearing that impacts more than one acre of ground
surface within any one parcel of any one project.
(2)
Excavation which affects more than 1,000 cubic yards
of material.
(3)
Filling which exceeds a total of 1,000 cubic yards
of material.
(4)
Grading which affects more than one acre of ground
surface.
(5)
Site preparation within wetlands, buffer strips or
critical environmental areas.
(6)
The Building Inspector, Town Engineer and Superintendent
of Highways, when appropriate, shall submit their respective recommendations
on an application referred to the Planning Board within 30 days of
the date of filing. The Town Engineer may, where appropriate, forward
a copy of the permit to the Soil and Water Conservation District for
its review and recommendations. Any costs associated with the review
of the application by Town consultants or outside consultants shall
be paid for by the applicant. Applications referred to the Planning
Board for approval shall bear the stamp of a licensed professional
and shall contain the following information:
(a)
Existing and proposed contours; two-foot contour interval.
(b)
Existing structures within 200 feet of the property
line.
(c)
The property lines of the entire parcel of land impacted.
(d)
Natural drainage courses within the parcel.
(e)
Erosion and sediment control method to be implemented.
(f)
Compliance with New York State DEC SPDES permit requirements.
(g)
Staging areas and topsoil stockpile areas for reclamation.
(h)
Any other information requested by the Planning Board.
Permits shall be issued for a period of time
not to exceed six months. Permits may be extended one time for a period
not to exceed three months upon application to and inspection by the
Building Inspector.
Any permit may be revoked by the Building Inspector
for cause. Revocation of a Type 2 permit will require the permit holder
to appear before the Planning Board before a new permit may be issued
or any work may be continued. The Planning Board may require a new
review of the permit application at its discretion. The Building Inspector
shall have the authority to place a stop-work order on any action
which may not be in compliance with the permit.
A.
Revocation of a permit by the Building Inspector shall
cause all work to stop and action to be taken as directed by the Building
Inspector to insure health, safety and welfare. No work may continue
without application and approval of a new permit.
B.
Violations of this chapter shall result in a fine
of up to $500 per day.
C.
In addition, penalties may include requiring the permit
holder to restore the affected area to its original condition or a
state which meets the approval of the Building Inspector.
A.
Fees shall be set in accordance with the schedule
of fees as established by the Town Board.
B.
Type 2 permit applications shall also be required to post a deposit to cover all engineering consultant fees, planning consultant fees and any other necessary fee deemed appropriate by the Planning Board under the same procedures as in § 155-47, Development Fees. Said deposit shall be a minimum of $500.
[Amended 9-14-2009 by L.L. No. 6-2009]
Upon the approval of this chapter by the Town
Board, all site preparation, construction activities requiring a permit
under this chapter shall be in conformance with the provisions set
forth herein.
Where this chapter imposes greater restrictions
or requirements than are imposed by provision of any other law, ordinance,
including the Town's Municipal Code, zoning chapters, regulation or
private agreements, this chapter shall control. Where greater restrictions
are required, by any law, ordinance, including the Town's Municipal
Code, regulations or private agreements than are imposed by this chapter,
such greater restrictions or requirements shall control.
