[HISTORY: Adopted by the Town Board of the
Town of Newburgh 9-4-1990 by L.L. No. 5-1990. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Clearing and Grading Control Law of the Town of Newburgh."
It is the purpose of this chapter to protect
the public health, safety and welfare in the Town of Newburgh by providing
for the proper use of land and regulating timber harvesting, site
preparation, construction activities and other activities impacting
on the land, including excavation, filling, grading and clearing,
so as to protect the natural environment, prevent the indiscriminate
and excessive cutting of trees and natural vegetation and prevent
problems related to erosion, sediment or drainage. In relation to
this purpose, this chapter is intended to:
A.
Preserve the quality of the natural environment from
such adverse effects of activities impacting on the land as:
(1)
Pollution of lakes, ponds and watercourses from silt
or other materials.
(2)
Unnecessary destruction of trees and other vegetation.
(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 activities impacting on the land as:
C.
Protect the Town and other governmental bodies from
having to undertake, at public expense, programs of repairing roads
and other public facilities and of providing flood-protection facilities.
Upon the approval of this chapter by the Town
Board, all site preparation and 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 the provision of any law, ordinance, including Chapter 185, Zoning, regulation or private agreement, this chapter shall control. Where greater restrictions or requirements are imposed by any law, ordinance, including Chapter 185, Zoning, regulation or private agreement than are imposed by this chapter, such greater restrictions or requirements shall control.
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 and dairy
and meat products, including horticultural and fruit operations.
A request for a review of the authorized official's interpretation
of any provision of this chapter or a request for a variance.
The Town Building Inspector or other person 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, logs, treetops and branches.
A specific geographic area designated by the state or Town
having exceptional or unique characteristics that make the area environmentally
important.
The gravitational movement of water by surface runoff or
subsurface flow.
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 other natural deposits to a depth greater than six inches.
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourses to a depth greater than six inches.
Any area subject to submersion by water by reason of overflow,
flood or storm or any area which has been mapped as such by the County
Soil and Water Conservation District or the Federal Emergency Management
Agency, unless the applicant's engineer can demonstrate to the Town
Engineer's satisfaction that said mapped area is not in fact subject
to submersion.
The alteration of the surface or subsurface conditions of
land, lakes, ponds or watercourses by excavation or filling to a depth
greater than six inches.
A New York State licensed engineer, architect, landscape
architect or land surveyor with the appropriate exemption under state
law.
The application of a layer of plant residue or other material
for the purpose of effectively controlling erosion.
The right-of-way of any street providing legal access to
a parcel of land as depicted on a plot or site plan approved by the
Planning Board and dedicated to the Town.
Solid material, both mineral and organic, that is being transported,
has been deposited or has been removed from its site of origin by
erosion.
The activities of clearing, excavation, filling, grading,
timber harvesting and any other activity impacting on the land, no
matter what the purpose of these activities.
All minerals, materials or nonliving organic material of
whatever origin which overlies bedrock.
Forestry operations in commercial and noncommercial stands
of trees designed to provide more growing room for better trees by
the removal of poor quality, low vigor, injured, diseased or excessively
crowded trees.
The cutting down, breaking, uprooting or other act causing
the death of more than five live trees exceeding six inches in diameter,
measured four feet from the ground, per 1/2 acre of ground surface
during a one-year period.
The natural surface layer of soil, usually darker than subsurface
layers, within an undisturbed area of soils.
A grant of relief from the requirements of this chapter which
permits site preparation in a manner that would otherwise be prohibited
by this chapter.
Any natural or artificial stream, river, creek, channel,
canal, conduit, culvert, drainageway, gully, ravine or wash in which
water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed and banks.
Areas of aquatic or semiaquatic vegetation or any areas which
have been mapped as such by the County Soil and Water Conservation
District or the New York State Department of Environmental Conservation
under the Freshwater Wetlands Act.[1]
[1]
Editor's Note: See Environmental Conservation
Law § 24-0101 et seq.
None of the following activities shall be commenced until a permit has been issued under the provisions of this chapter where the parameters as set forth under the definitions of § 83-5 are met or exceeded:
The following activities are exempted from permit
requirements:
B.
Agricultural operations.
C.
Repairs to occupied buildings.
D.
Correcting hazards representing an imminent threat
to life or property.
E.
Removal of dead wood and diseased trees or cutting
of trees on a scale which does not constitute timber harvesting.
F.
Clearing or timber harvesting for the purpose of cutting
firewood for an individual's use in said individual's own household.
G.
Thinning and cull removal.
H.
Excavation or filling which affects less than 400
cubic yards of material within any parcel or any one subdivision in
receipt of preliminary or final approval, except where said excavation
or filling occurs within wetlands, within a one-hundred-foot buffer
strip of a wetland or within the one-hundred-year floodplain of any
watercourse or within a critical environmental area.
I.
Clearing or grading which affects less than 10,000
square feet of ground surface, except where said clearing or grading
occurs within wetlands, within a one-hundred-foot buffer strip of
a wetland or within the one-hundred-year floodplain of any watercourse
or within a critical environmental area.
J.
Clearing of brush and undercover.
K.
Household gardening and activities related to the
maintenance of landscape features on existing developed lots.
L.
Governmental activities, but only to the extent that
such activities are exempted from the provisions of this chapter by
law.
M.
Activities performed in conjunction with building
permits issued prior to the effective date of this chapter.
N.
Activities performed in conjunction with site plan
approvals and subdivision approvals granted by the Planning Board
prior to the effective date of this chapter, provided that such activities
are commenced within five years of the date of approval.
[Amended 11-6-1995 by L.L. No. 7-1995]
O.
Activities performed in conjunction with the erection, structural alteration or movement of a structure or building for which a building permit is granted following the effective date of this chapter, so long as said activities are not commenced until after the grant of a permit/approval and so long as the application for said activities has been reviewed for conformance with this chapter and approval has been conditioned upon compliance with the standards set forth in § 83-10, and further provided that the activities shall be subject to and not exempt from the provisions for inspections, enforcement, penalties and revocations set forth in § 83-14.
P.
Activities performed in conjunction with site plan approvals and subdivision approvals granted by the Planning Board following the effective date of this chapter, so long as said activities are not commenced until after the grant of a permit/approval and so long as the application for said activities has been reviewed for conformance with this chapter and approval has been conditioned upon compliance with the standards set forth in § 83-10, and further provided that the activities shall be subject to and not exempt from the provisions for inspections, enforcement, penalties and revocations set forth in § 83-14.
[Amended 11-6-1995 by L.L. No. 7-1995]
A.
Before any activity requiring a permit under § 83-6 of this chapter is commenced, two copies of a permit application shall have been filed with the authorized official and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this chapter.
B.
Upon filing an application for a permit, the applicant(s) shall pay to the Town a fee as set forth in Chapter 104, Fees.
C.
The authorized official shall have the authority to
grant or deny permits for all activities subject to this chapter.
The authorized official, however, shall not grant a permit for the
following activities without approval by the Town Planning Board,
to which he shall refer such applications, said Board acting with
recommendations from the authorized official, Town Engineer, Building
Inspector and Superintendent of Highways, who shall receive copies
of the application:
(1)
Clearing which affects more than one acre of ground
surface or timber harvesting which affects more than one acre of ground
surface within any parcel or any one subdivision, excluding proposed
public roads.
(2)
Excavation which affects more than 1,500 cubic yards
of material within any parcel or any one subdivision, excluding proposed
public roads.
(3)
Filling which exceeds a total of 1,500 cubic yards
of material within any parcel or any one subdivision, excluding proposed
public roads.
(4)
Grading which affects more than one acre of ground
surface within any parcel or any one subdivision, excluding proposed
public roads.
(5)
Site preparation within wetlands, within a one-hundred-foot
buffer strip of a wetland or within a critical environmental area
which affects more than 20,000 square feet of ground surface or 400
cubic yards of material.
(6)
Site preparation within the one-hundred-year floodplain
of any watercourse which affects more than 20,000 square feet of ground
surface or 400 cubic yards of material.
D.
The authorized official, Town Engineer, Building Inspector
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, where
appropriate, may forward a copy of the permit application to the Orange
County Soil and Water Conservation District for its review of and
recommendations on the erosion control plan. The applicant shall pay
all fees charged by the Orange County Soil and Water Conservation
District for its technical review.
E.
The Town Planning Board may, upon its discretion, conduct public hearings which may be held in conjunction with hearings held during the environmental review or the preliminary review process on any permit applications and shall conduct public hearings which may also be held in conjunction with hearings held during the environmental review or the preliminary review process on permits for the following activities, which hearings shall be fixed at a reasonable time and shall be given notice by the official newspaper of the Town at least 10 days prior to the date thereof. In addition to publication, the notice shall be subject to the same mailing and posting requirements established for hearings by the Zoning Board of Appeals in § 185-55 of Chapter 185. The applicant shall be responsible for the cost of publication, posting and mailing of such notice.
[Amended 4-1-2013 by L.L. No. 2-2013]
(1)
Clearing or timber harvesting which affects more than
five acres of ground surface within any parcel or any one subdivision,
excluding proposed public roads.
(2)
Excavation which affects more than 3,000 cubic yards
of material within any parcel or any one subdivision, excluding proposed
public roads.
(3)
Filling which exceeds a total of 3,000 cubic yards
of material within any parcel or any one subdivision, excluding proposed
public roads.
(4)
Grading which affects more than five acres of ground
surface within any parcel or any one subdivision, excluding proposed
public roads.
(5)
Site preparation within wetlands, within a one-hundred-foot
buffer strip of wetlands or within a critical environmental area which
affects more than one acre of ground surface or 1,500 cubic yards
of material.
(6)
Site preparation within the one-hundred-year floodplain
of any watercourse which affects more than one acre of ground surface
or 1,500 cubic yards of material.
F.
The authorized official shall grant or deny all permits
within 60 days of the date of filing of the application thereof, unless
the applicant and the authorized official consent to a time extension.
G.
Prior to granting or accepting a permit, the authorized
official or Town Planning Board shall determine that the request is
in harmony with the purpose and standards set forth in this chapter.
H.
In granting a permit, the authorized official shall
fix a reasonable time limit for the termination of the permit and
may attach any conditions which he or the Planning Board deems necessary,
including any performance guaranty, to assure compliance with the
provisions of this chapter. The permit shall not exceed one year in
duration.
I.
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.
J.
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 chapter and
to submit written notification of any violations of these terms or
provisions to the Chairman of the Town Planning Board.
A property owner(s) or the property owner's
agent(s) may initiate a request for a permit or the modification of
a permit by filing with the authorized official two copies of an application.
Maps and plans accompanying the application requiring Planning Board
approval shall be prepared by a licensed professional, and maps and
plans accompanying all other applications shall be of a form which
meets the approval of the authorized official, who may require they
be prepared by a licensed professional. The authorized official or
Town Planning Board may require that additional copies of the application
be filed, and they may modify the requirements concerning materials
to accompany the application by waiving or adding such requirements
as they deem appropriate to the nature and scope of the proposed activities.
The authorized official or Town Planning Board 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 this section.
A.
Excepting for modifications authorized or required
by the authorized official, each application not required to be submitted
to the Town Planning Board shall contain the following material:
(1)
Name, address and phone number of the property owner
and section(s), block(s) and lot number(s) of the proposed site.
(2)
Statement of the nature and purpose of the proposed
activity.
(3)
Drawings showing the boundaries of the parcel upon
which the activity will be conducted.
(4)
A plan showing areas proposed to be cleared, filled
or graded or subjected to timber harvesting and the nature of the
vegetation affected.
(5)
An erosion control plan.
(6)
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 Town's issuing a permit.
(7)
Plans must show the type of vegetation to be destroyed
by the proposed activities along with the planned disposition of the
destroyed material.
(8)
Completion date and any other information which the
authorized official or Planning Board deems reasonable in reviewing
the application.
(9)
Drainage computations prior to site preparation and
after site preparation may be required.
(10)
An agreement to indemnify and hold harmless the Town
from any claims arising from the proposed activity.
B.
Excepting for modifications authorized or required by the authorized official or Town Planning Board, each application required to be referred to the Town Planning Board shall contain the materials listed in Subsection A above and, in addition, the following material:
(1)
The names and addresses and the section, block and
lot numbers of all contiguous properties and owners, whether within
or outside the Town, and of those property owners on the opposite
side of any public street contiguous with the parcel.
(2)
Area location maps.
(3)
A plan showing all existing and proposed contour lines,
amount and nature of fill to be placed or displaced, all vegetation
areas on the site, including areas of grass and cropland, areas of
brush, wooded areas and an estimate of their average diameter at breast
height of the trees within wooded areas, areas proposed to be cleared,
filled or graded, the nature of the vegetation affected and road access
to the site.
(4)
Drawings and plans must show the boundary of the one-hundred-year
floodplain, together with designated wetland boundaries and one-hundred-foot
buffer and all watercourses and water bodies, where applicable.
(5)
Drawings must be engineering drawings and must show
all structures and roads within a distance of 100 feet of the parcel
upon which the activity is proposed.
(6)
A detailed erosion control plan with engineer's report
describing the plan, methods and implementation of said plan and cost
estimate for all measures taken.
(7)
The depth to bedrock on the site proposed for site
preparation activities.
(8)
The depth to permanent groundwater aquifers on the
site proposed for site preparation activities.
(9)
Soil types to be disturbed by the proposed activity.
(10)
Operations map(s) at a scale no smaller than one inch
equals 100 feet showing existing topography of the site at a contour
interval of not more than two feet, which presents a complete plan
and which indicates:
(a)
All site preparation activity proposed to be
undertaken, identified as to the type of activity proposed and the
depth, volume and nature of the materials involved.
(b)
All clearing, identified as to the nature of
vegetation affected.
(c)
All areas where topsoil is removed and stockpiled
and where topsoil will be ultimately placed, identified as to the
depth of topsoil in each such area.
(d)
All temporary and permanent vegetation to be
placed on the site, identified as to planting type, size and extent.
(e)
All temporary and permanent drainage, erosion
and sediment control facilities, including such facilities as ponds
and sediment basins, identified as to the type of facility, the materials
from which it is constructed, its dimensions and its capacity in gallons.
(f)
The anticipated pattern of surface drainage
during periods of peak runoff, upon completion of site preparation
and construction activities, identified as to rate and direction of
flow at all major points within the drainage system.
(g)
The location of all roads, driveways, sidewalks,
structures, utilities and other improvements.
(h)
The final contours of the site in intervals
of no greater that two (2) feet.
(11)
Time schedule which is keyed to the operations map(s),
indicating:
(a)
When major phases of the proposed project are
to be initiated and completed.
(b)
When major site preparation activities are to
be initiated and completed.
(c)
When the installation of temporary and permanent
vegetation and drainage, erosion and sediment control facilities is
to be completed.
(d)
The anticipated duration (in days) of exposure
of all major areas of site preparation before the installation of
erosion and sediment control measures.
C.
For any application referred to the Planning Board,
an estimate of the costs of providing temporary and permanent vegetation
and drainage, erosion and sediment control facilities shall be prepared
by the applicant's licensed professional, accepted by the Town Engineer
and approved by the Planning Board.
In granting a permit under this chapter, the
standards and considerations taken into account shall include but
not be limited to the following:
A.
Excavation, filling, grading, clearing and timber
harvesting shall be permitted to be undertaken only in such locations
and in such a manner as to minimize the potential of erosion and sediment
and the threat to the health, safety and welfare of neighboring property
owners and the general public.
B.
Site preparation and construction shall be fitted
to the vegetation, topography and other natural features of the site
and shall preserve as many of these features as feasible.
C.
The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
D.
The smallest practical area of land shall be exposed
by site preparation at any given time.
E.
The exposure of areas by site preparation shall be
kept to the shortest practical period of time prior to the construction
of structures or improvements or the restoration of the exposed areas
to an attractive natural condition.
F.
Following initial soil disturbance or redisturbance,
permanent or temporary stabilization shall be completed within seven
calendar days. The remaining disturbed area of the development shall
be stabilized within 14 calendar days except for those areas in which
actual construction activities are currently being performed.
G.
Where slopes are to be revegetated in areas exposed
by activity subject to permit, the slopes shall not be of such steepness
that vegetation cannot be readily established or that problems of
erosion or sediment may result.
H.
Revegetation activities shall avoid the planting of
trees with the characteristics of willows and Lombardi poplars within
seventy-five (75) feet of existing or proposed public water or sewer
mains or drains.
I.
Activity subject to permit shall not adversely affect
the free flow of water by encroaching on, blocking or restricting
watercourses.
J.
Existing hills, trees and ground cover fronting along adjacent property and watercourses shall be preserved, maintained or supplemented by selective cutting, transplanting and the addition of new trees, shrubs and other ground cover for the purpose of providing a buffer when one is required by Chapter 185, Zoning, or elsewhere in the Town's Municipal Code.
K.
The proposed activity shall not adversely affect soil
fertility, drainage and lateral support of abutting land or other
properties.
L.
All fill material shall be of a composition suitable
for the ultimate use of the filled land, free of rubbish and carefully
restricted in its content of clearing debris, rocks, frozen material
and soft or easily compressible material.
M.
Fill material shall be compacted sufficiently to prevent
problems of erosion.
N.
All topsoil which is excavated from a site shall be
stockpiled and used for the restoration of the site, and such stockpiles,
where necessary, shall be seeded or otherwise treated to minimize
the effects of erosion within the time period stipulated by the authorized
official or Planning Board.
O.
Prior to, during and after site preparation and construction,
an integrated drainage system shall be provided which at all times
minimizes erosion, sediment, hazards of slope instability and adverse
effects on neighboring property owners.
P.
The natural drainage system shall generally be preserved
in preference to modifications of this system, excepting where such
modifications are necessary to reduce levels of erosion and sediment
and adverse effects on neighboring property owners.
Q.
All drainage systems shall be designed to handle adequately
anticipated flows both within the site and from the entire upstream
drainage basin.
R.
Sufficient grades and drainage facilities shall be
provided to prevent the ponding of water, unless such ponding is proposed
within site plans, in which event there shall be sufficient water
flow to maintain proposed water levels and to avoid stagnation.
S.
There shall be provided where necessary to minimize
erosion and sediment such measures as benches, berms, terraces, diversions
and sediment, debris and retention basins.
T.
Drainage systems, plantings and other erosion or sediment
control devices shall be maintained as frequently as necessary to
provide adequate protection against erosion and sediment and to ensure
that the free flow of water is not obstructed by the accumulation
of silt, debris or other material or by structural damage.
U.
All clearing debris, boulders and other debris resulting
from site preparation activities or related operations shall be disposed
of by methods accepted by the authorized official or Planning Board.
V.
Timber harvesting for a commercial purpose and, when
feasible, other site preparation activity shall be avoided within
fifty (50) feet of a stream, river, creek, gully or ravine, and all
clearing or other debris shall be removed from watercourses.
W.
Skidding logs up or down a watercourse is prohibited,
and skidders shall be kept at least fifty (50) feet from a watercourse,
and logs that lie closer or on steep slopes shall be winched off to
prevent soil disturbance.
X.
All crossing of watercourses during site preparation
activities shall be at points having low stable banks, a firm bottom
and gentle slopes along the approaches.
Y.
The design and construction of sediment control practices
and site preparation work, plus specifications and timing schedules,
including extensions of previously approved plans, shall comply with
provisions for erosion and sediment control in accordance with standards
and specifications contained in a manual entitled "New York Guidelines
for Urban Erosion and Sediment Control," published by the United States
Department of Agriculture Soil Conservation Service, as it may be
revised. Said manual shall be on file at the authorized official's
office. In the event of conflict with this chapter, the provisions
herein shall prevail.
A.
Site preparation activities shall be conducted only
between the hours of 7:30 a.m. and 6:00 p.m. when within 1,500 feet
of any residence. No site preparation activity shall be conducted
on Sundays or public holidays without express consent with the permit.
[Amended 11-6-1995 by L.L. No. 7-1995]
B.
Any contract to perform site preparation activities
shall state that it is subject to this chapter of the Code.
C.
As a condition of its permit, the applicant shall
be required to sign a permit authorizing Town officers, employees
or agents to enter onto the site to perform appropriate surveillance.
D.
The authorized official or Planning Board may impose
any other reasonable conditions, including but not limited to screening,
access controls, dust controls and site security, believed to be necessary.
A.
After the approval of the application and before the issuance of any permit subject to the approval of the Planning Board, the applicant shall file with the Town Clerk, in an amount of the estimated cost of the project as submitted under § 83-9 of this chapter and verified by the appropriate official, one of the following performance guaranties, which must be approved by the Town Attorney as to form:
B.
The Town Planning Board may grant a waiver of such
guaranty if it deems the proposed activities to be of minor scope
and to be consistent with the provisions of this chapter.
C.
The party or parties filing the performance guaranty
shall provide that either upon termination of the permit or the operation,
whichever may come first, the project shall be in conformity with
both the approved specific requirements of the permit and the provisions
of this chapter. In the event of default of such and violation of
any other applicable laws, such performance guaranty shall be forfeited
to the Town. The Town shall return to the applicant any amount that
is not needed to cover the costs of restoration, administration and
any other expenses incurred by the Town as a result of the applicant's
default. Such performance guaranty shall continue in full force and
effect until a certificate of compliance shall have been issued by
the authorized official after such consultation with any agencies
or individuals as he deems necessary to ensure that all provisions
of the chapter and of the permit have been met.
A.
The Zoning Board of Appeals, as established by Chapter 185 of the Town of Newburgh Code, shall hear and decide appeals.
B.
The Zoning Board of Appeals shall hear and decide
appeals when it is alleged that there is an error in any requirement,
decision or determination made by the authorized official or Planning
Board in the enforcement or administration of this chapter or when
it is alleged that failure to grant a variance will result in exceptional
hardship to the applicant or results inconsistent with the purposes
of this chapter.
C.
Those aggrieved by the decision of the Zoning Board
of Appeals may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
D.
In passing upon such applications, the Zoning Board
of Appeals shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter and
whether unnecessary hardships or results inconsistent with the general
purpose of this chapter or certain provisions thereof will result
from the enforcement of those standards.
E.
Upon consideration of the factors of Subsection D above and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of appeals as it deems necessary to further the purpose of this chapter.
F.
The authorized official shall maintain the records
of all appeal actions, including technical information.
G.
Variances shall only be issued after the applicant's
permit application procedure has been completed and upon a determination
that the variance is the minimum necessary to afford relief.
H.
Variances shall only be issued upon receiving written
justification of:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will
not result in increased runoff, erosion or sedimentation; unnecessary
destruction of vegetation; additional threats to property, the environment
or public safety; or extraordinary public expense or create nuisances,
cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
A.
It shall be the responsibility of the authorized official
or his designee to inspect the sites as frequently as necessary to
assure compliance with the terms of approved permits and the provisions
of this chapter.
B.
In the event that any of the activities described in § 83-6 are undertaken by any person who has not been issued a permit or if work undertaken under a permit is not in compliance with the terms of the permit or of this chapter, the authorized official shall notify the on-site personnel or the permittee, in writing, of the violation and shall be authorized to issue, either or both, a stop-work order and an order to remedy describing the required corrective action and the time period in which to have the violation corrected and to require such further compliance with this chapter as is necessary to effect its purpose and goals. The authorized official may issue a second stop-work order if it appears corrective action is not being undertaken or if the violation persists after the date specified for completion of corrective action in the order to remedy. The authorized official shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to remedy the violation.
C.
For any and every violation of the provisions of this
chapter by the owner or responsible agent or party, the violator shall
be subject to a fine of not less than $100 and not exceeding $500
or to imprisonment for not more than six months, or both, and each
and every day the violation of a stop-work order continues or the
violation persists after the date specified for the completion of
corrective action in an order to remedy shall be deemed to be a separate
and distinct violation. In addition, any such person who violates
any provision of this chapter or omits or refuses to perform any and
every act hereby required shall forfeit and pay a civil penalty to
the Town of no less than $250 and not exceeding $2,500 per lot or
double the cost of correcting the violation to the extent possible,
whichever is greater, for each and every such violation and nonperformance.
D.
If at any time during the effective period of a permit
or if upon its expiration the terms of the permit are violated, the
authorized official may revoke the permit and may require that any
performance guaranty be forfeited to the Town.
E.
If the applicant shall be unable to complete the project
or any phase 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 authorized official, such an
extension is warranted, he may grant additional time for the completion
of the work.
