[HISTORY: Adopted by the Town Board of the Town of Elma 2-21-2001. Amendments noted where applicable.]
[Amended 7-20-2011; 8-21-2013]
A.
Filling of lands within the Town of Elma shall require a stamped
engineered drainage plan showing existing and proposed elevations,
any drainage waterways, wetlands, and drainage contours in one-foot
increments. After review of the proposed project and the site plan
has been submitted, the Building Inspector and Town Engineer may require
additional information pertaining to the site. The Building Inspector
and Town Engineer may at any time require a drainage district be formed
with a public hearing and Town Board approval regarding the site.
Permits will only be valid for six months. The adopted fee schedule
by the Elma Town Board applies for permits. The table below sets forth
when a permit and above-listed requirements are required for filling
of lands in the Town of Elma:
(1)
Three hundred to 400 yards on a one to two acre site.
(2)
Four hundred to 600 yards on a two to three acre site.
(3)
Six hundred to 800 yards on a three to four acre site.
(4)
Eight hundred yards on a lot greater than four acres.
(5)
More than eight hundred yards of fill requires Town Board approval.
B.
Exemptions to above subsection. Contractors/developers/owners of
property shall not be required to obtain a fill permit when:
(1)
The applicant already has received a final site plan approval for
the project through the Elma Planning Board (must have stamped drainage
plan with site plan approval).
(2)
For a new residential house permit where a stamped engineered drainage
plan is filed with the Building Department and the drainage plan has
been approved by the Building Department and Town Engineer. No filling
shall take place until a building permit has been issued.
(3)
Driveways and parking lots.
C.
The Building Inspector at any time may impose a stop-work order when
there is found to be a violation of filling lands within the Town
of Elma.
D.
Fines in accordance to § 77-2 will be applied if any filling of land has taken place without approvals/permits.
E.
Any person who is filling land must still fill out an application
even though he/she may be exempt.
Any person or entity that fails to comply with the above requirements
shall, upon conviction thereof, be fined no more than $250 or imprisoned
for not more than 15 days, or both. Each day of noncompliance or each
load shall be considered a separate offense. Nothing herein contained
shall prevent the Town of Elma from taking such other lawful action
as necessary to prevent or remedy an infraction.
