[HISTORY: Adopted by the Town Board of the Town of Clarence 7-12-1995. Amendments noted where applicable.]
It is the purpose and intent of this chapter to control and regulate the type, quantity and location of fill material being dumped or otherwise discharged in the Town of Clarence, as well as the following:
To regulate the type of fill so as to prevent toxic, hazardous or demolition materials (concrete, wood and/or bricks) from being deposited in the Town of Clarence.
To control the quantity, type and location of materials dumped or discharged so as not to disrupt or alter drainage patterns.
To control the quantity, type and location of fill material so that an unsightly condition will not be created.
To ensure that all filled areas are graded and restored to an aesthetically pleasing appearance.
No person, firm, association or corporation shall dump, pump or deposit or permit to be dumped, pumped or deposited any garbage, rubbish, refuse, trash, decaying vegetable matter or organic waste of any kind, toxic or chemical wastes, radioactive materials or sewage treatment plant sludge or residue, building material, construction and demolition material, rubble, house parts, tree limbs, roots or stumps, sand, gravel, rock or soil of any nature or discarded motor vehicles, trailers or parts therefrom unless a permit for same has been applied for and issued by the Town Board of the Town of Clarence, pursuant to this chapter, on any lot or parcel of land within the Town of Clarence, whether said land is vacant, improved or unimproved in nature, excepting those activities as follows:
Septic systems for which an Erie County Health Department permit has been issued.
Agricultural or horticultural activities which, where properly zoned, involve the regular and customary deposition of materials on the ground.
Quarry operations and other aggregate activities, where properly zoned, which involve dumping and deposition of materials as a regular and customary activity and which have been properly permitted.
Depositing of topsoil not materially altering existing grades and for landscaping purposes.
Depositing of dredged and excavated materials and fill by the Town of Clarence Highway Department where the Highway Superintendent determines that the placement of said materials will not affect any stream, creek or drainage system not the floodway thereto.
Where the amount of fill is less than two hundred (200) cubic yards total fill per activity in a one-year period.
Backfilling residential or commercial building under construction by building permit.
All fill material not capable of sustaining a stand of turf shall be topsoiled to a four-inch depth and seeded to establish a satisfactory stand of turf. This topdressing shall be done within thirty (30) days of completion of the fill operation or when seasonal conditions permit. No person, firm, association or corporation shall dump or deposit any materials as defined in Subsection A or any material or fill of any nature into the stream bed of any drainage ditch, creek, stream, waterway or watercourse of any nature or into any area designated as a floodplain on the FEMA Floodplain Map or New York State or Corps of Engineers wetlands, nor shall materials defined and described as above in Subsection A or any materials or fill of any nature be placed along the banks of the stream beds of said drainage ditches, streams, creeks or waterways and watercourses by dumping or depositing by any means whatsoever, unless a permit for same has been applied for and issued by the Town Board of the Town of Clarence.
No person, firm, association or corporation shall pipe any drainage ditch, stream, creek, waterway or watercourse of any nature, unless a permit for same is issued by the Town Board of the Town of Clarence.
Application for a permit shall be made by the property owner to the Town Board of the Town of Clarence and shall contain a description of the plot of land, the name and address of the property owner, the zoning classification and the purpose of filling the property. The duration of the permit shall be limited to one (1) year.
The Town Board may refer such application to the Town Engineer and/or the Planning Board for further study.
The Town Engineer or Planning Board may require the applicant to submit a site plan, including the topography of the property in question, drainage of the property, location of streams or drainage ditches thereon and on adjacent lots, property abutting the applicant's property, present development on the property and proposed development thereon.
The reviewing body shall make recommendations to the Town Board within thirty days (30) after such referral.
The permit fee, payable to the Town Clerk, shall be determined by the Town Board of the Town of Clarence.
The Town Clerk of the Town of Clarence shall issue the permit after same has been approved by the Town Board. Such permit shall be valid for one (1) year only.
The Building Inspectors of the Town of Clarence are charged with enforcement of the provisions of this chapter. The Town Engineer may require the applicant to submit a bond at the time the permit is issued for restoration equal to the cost of grading, topsoiling and seeding the filled site.
Any person who violates any provision of this chapter or any regulation adopted hereunder is guilty of an offense punishable by a fine not to exceed five hundred dollars ($500.) or imprisonment not to exceed fifteen (15) days, or both, for each day of said violation, if continuous.