[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 9-6-1995 by L.L. No. 4-1995 (Ch. 56 of the 1988
Code). Amendments noted where applicable.]
A.
The intent of this legislation is to preserve and protect the environment
and the health and welfare of Village residents from possible adverse
impacts of excavating, digging, filling, dumping or grading. Adverse
impacts shall include any substantial increase in potential for erosion,
drainage, flooding or leaching problems and/or changes in existing
ground- or surface water quality or quantity.
B.
The Building Inspector/Code Enforcement Officer is authorized and
directed to implement and enforce the provisions of this chapter.
This chapter shall apply to any proposed excavating, digging,
filling, dumping, grading or change to the topography which directly
affects any land situate in the Village of Spencerport.
A.
Filling; dumping.
(1)
Acceptable fill material shall be nontoxic and inorganic and may
be used to establish new grades. The use of said fill material, including
but not limited to its composition, amount, location and extent, must
be approved by the Building Inspector/Code Enforcement Officer prior
to any filling or dumping.
(2)
Filling with other materials and filling with or dumping of organic
materials, chemical wastes, liquid petroleum derivatives or other
deleterious substances shall not be permitted.
B.
Excavating; digging; grading. No excavations, digging or grading
for any purpose shall be performed, except in conformity with this
chapter. Examination of the area and approval by the Building Inspector/Code
Enforcement Officer is required prior to any excavating, digging or
grading.
In determining conformance with this chapter, the Building Inspector/Code
Enforcement Officer shall consider, but not be limited to, the following:
The Building Inspector/Code Enforcement Officer shall be authorized:
The fees for inspection shall be established by the Village
Board and amended as deemed necessary by resolution of the Board and
included in the Village of Spencerport Fee Schedule.[1]
[1]
Editor's Note: The Village of Spencerport Fee Schedule
is on file in the Village offices.
Any person aggrieved by a decision or regulation of the Building
Inspector/Code Enforcement Officer arising out of this chapter shall
have the right to appeal to the Village Board, which shall have the
authority to confirm, modify or revoke such decision or regulation.
All unpaid fees, including penalties or interest, not paid as
of May 1 of each year shall be a lien on the property for which the
fee was assessed and shall be added to the annual Village tax levy.
Any person, including a corporation, guilty of violating any
provision of this chapter shall be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both.