[HISTORY: Adopted by the Town Board of the Town of Cicero 7-24-2013 by L.L. No.
8-2013. Amendments noted where applicable.]
This chapter shall be known as the "Town of Cicero Grading,
Excavation and Fill Law."
The purpose of this chapter is to provide minimum standards
to safeguard persons and property and to promote the public welfare
by preventing excessive erosion, hazardous rock and soil slippage,
sediment production and other soil and water management problems,
and by regulating and controlling the design, construction, quality
of materials, use location and maintenance of grading, excavation
and fill.
A.
These provisions shall apply to:
(1)
Digging, grading and all other activities which would be associated
with the removal or displacement of sand, gravel, rock, topsoil, turf
or earth on all private property within the Town.
(2)
Digging, grading, soil removal, trenching, boring, soil testing or
sampling and all other activities associated with the removal, relocation
or displacement of soil, road materials or road surface within the
outermost official boundaries of any highway in the Town of Cicero,
any easement of the Town of Cicero or any special district located
therein or any other public place owned by the Town of Cicero or over
which the Town of Cicero has an easement for any purpose whatsoever.
B.
Excepted from the requirements of this chapter are excavations or
fill for the construction of a driveway, sidewalk, emergency repairs
to underground utilities, on-the-farm conservation practices and where
authorized by the Code Enforcement Officer for construction of a wall,
swimming pool, building or part of a building consistent with previously
approved site plans or subdivision plans.
A.
Before any excavation or filling of more than 10 cubic yards is commenced for any purpose (other than those excepted in § 120-3B of this chapter) and sand, gravel, rock, topsoil, turf or earth is removed from the ground or placed on it, the owner or agent of the owner or lessee of the premises shall obtain a permit from the Department of Planning and Development. Application for such permit shall be made, in writing, on forms provided by the Department of Planning and Development; such permit shall be in addition to any license or permit required by the Department of Environmental Conservation of the State of New York or any other governmental agency whose primary purpose is the protection of the environment.
[Amended 5-8-2019 by L.L.
No. 11-2019]
B.
The submission of an application under the terms of this chapter
and the issuance of a permit by the Department of Planning and Development
shall be deemed to be consent by the applicant to permit the Town
Engineer, Highway Superintendent, Code Enforcement Officer or any
individual or any authorized agent of the Town to inspect the premises
at all reasonable times to determine whether or not the permittee
is in compliance with the provisions of this chapter.
[Amended 5-8-2019 by L.L.
No. 11-2019]
C.
Each application shall be accompanied by the appropriate environmental
assessment form in accordance with the State Environmental Quality
Review Act of the State of New York.
D.
Upon receipt by any applicant of such permit pursuant to this section,
the permit shall be displayed at the property site during the course
of excavation or fill, as the case may be, and until completion thereof.
[Amended 5-8-2019 by L.L.
No. 11-2019]
A.
The Town Highway Superintendent, Engineer, Code Enforcement Officer
may submit recommendations to the Department of Planning and Development
for terms to be incorporated in such permit (including terms for excavation,
filling and restoration of the premises) in order to more fully protect
the health and safety of the residents of the Town of Cicero, the
preservation of the premises and to ensure that the proposed excavation
and fill will not interfere with the drainage of or endanger any highway
in the Town of Cicero, any easement of the Town or any special district
or any other public place owned by the Town of Cicero or over which
the Town has an easement for any purpose whatsoever.
B.
The Department of Planning and Development shall charge and collect
a fee determined according to the schedule of fees established by
resolution of the Town Board, in addition to any fees associated with
engineering review. Notice of such engineering review fees shall be
given to an applicant before they are incurred.
[Amended 5-8-2019 by L.L.
No. 11-2019]
A.
The Department of Planning and Development, when the application, together with all necessary supporting documents, has been submitted and upon finding the considerations of § 120-2 to be met, shall authorize the Code Enforcement Officer to issue the permit.
B.
The Department of Planning and Development may refuse to grant an excavation and fill permit where substantial interference, hazard or danger will result to existing facilities, adjoining property or to the health and safety of the residents of the Town of Cicero. The Planning Board may, however, authorize the issuance of a permit, subject to such terms and conditions as may be just and proper to accomplish the considerations of § 120-2.
A.
Enforcement of this chapter shall be the responsibility of the Code
Enforcement Officer of the Town of Cicero or a duly authorized representative.
B.
Suspension; revocation. Upon the violation of any provisions of this
chapter or any other local law of the Town of Cicero pertaining to
the operations specified herein, the Code Enforcement Officer may
suspend any permit issued until a public hearing is held before the
Planning Board within 45 days after the permit suspension at which
the permittee shall be given an opportunity to be heard. After completion
of the public hearing, the Department of Planning and Development
shall determine if such permit should be revoked.
[Amended 5-8-2019 by L.L.
No. 11-2019]
C.
Any person who feels or believes that the provisions of this chapter
are not duly enforced or who has knowledge of existing violations
shall file a complaint, in writing, with the Code Enforcement Officer
of the Town of Cicero, who shall thereupon make an investigation and
report his findings to the Department of Planning and Development.
[Amended 5-8-2019 by L.L.
No. 11-2019]
Any person violating any of the provisions of this chapter shall
be liable, on conviction thereof, to a penalty not exceeding $350.
Whenever such person shall have been notified by the Code Enforcement
Officer, by service of summons in a prosecution or in any way, that
he or she is committing such violation of this chapter, each day that
he or she shall continue such violation after such notification shall
constitute a separate offense punishable by a like fine or penalty.
Such fines or penalties shall be collected as like fines or penalties
are now by law collected.
