[HISTORY: Adopted by the Board of Trustees of the Village
of Malone 10-28-1996 by L.L. No. 4, 1996. Amendments noted where applicable.]
The purpose of this chapter is to promote the public health,
safety and the general welfare of the community and to preserve property
values. Additionally, this chapter ensures that the filling and grading
of properties in the Village of Malone are conducted in such a manner
as not to result in an increase of surface water runoff on to any
other properties and shall not result in any condition which would
increase erosion or result in any unstable condition upon the site
or adjacent properties.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give this chapter its most reasonable
application.
B.
ENFORCEMENT OFFICER
FILLING
GRADING
As used in this chapter, the following terms shall have the meanings
indicated:
The Department of Public Works Supervisor or other qualified
person so designated by the Village Board.
[Amended 10-7-2002 by L.L. No. 7-2002]
The placement of soil, rubble, spoils, rocks and/or any other
appropriate fill on any property for the purpose of raising or elevating
any portion of a property. Filling shall not include the burying of
garbage, trash, combustible or hazardous or toxic materials of any
kind.
The changing or alteration of the surfaces of slopes of lawns
or grounds on a site.
[Amended 10-7-2002 by L.L. No. 7-2002]
A.
The Enforcement Officer shall administer and implement this chapter
of the Code by evaluating filling and grading projects within the
Village of Malone. The Enforcement Officer will determine the nature
and scope of the project, and, if it exceeds the minimum limits defined
herein, the project will then be referred to the Planning Board for
a hearing and permit. In projects not meeting the minimum limits described
herein, the Enforcement Officer may conduct appropriate surveillance
of the project site and after inspection may, at reasonable intervals,
require that the property owner take such action as to make the site
generally acceptable in appearance.
B.
In all cases of filling and grading projects, the Enforcement Officer
may impose other reasonable conditions on projects, such as, but not
limited to, screening, access control, dust control, site security,
etc., which he or she may deem necessary in order to adequately maintain
the site.
[Amended 10-7-2002 by L.L. No. 7-2002]
No person shall conduct or cause to be conducted any land operation
to fill or grade more than 40,000 square feet or raise the elevation
of property above the existing grade or established contours without
first securing a permit from the Planning Board.
The following information or exhibits are required should the
nature and scope of the project exceed the minimum limits described
herein and thus necessitate a hearing and permit:
A.
Drawings showing the tax lot upon which the activity will be conducted.
B.
The names and addresses and the section, block and lot numbers of
all contiguous property owners, and the names and addresses and section,
block and lot numbers of all property owners located within 500 feet
of the proposed site.
C.
A plan showing all existing and proposed contour lines and amount
of fill to be placed or displaced.
D.
An erosion control plan.
E.
Any New York State Department of Conservation permit(s) required
must be in effect prior to the Village issuing a permit.
F.
The applicant shall, by a separate instrument, agree to indemnify
and hold harmless the Village from any claims arising out of the intended
activity.
G.
Completion date and any other information which the Planning Board
deems reasonable in reviewing the application.
A.
Prior to the issuance of a permit, the Planning Board shall hold
a public hearing on 10 days' notice. The Board shall give notice
of hearing by mailing a written notice thereof to the applicant or
to his attorney by regular first class mail and by publishing such
notice twice in the official newspaper of the Village. Additionally,
such notice shall be mailed to all such property owners whose premises
adjoin those of the applicant and such other property owners as the
Board deems advisable. The notice of hearing shall state the location
of the property involved, the date, location and time of the hearing
and the nature of the relief sought. Such notice shall be mailed and
first publication take place at least 10 days prior to the scheduled
hearing date.
B.
The Planning Board may refer such application to other Village agencies
and/or the Enforcement Officer for their review and recommendations.
The Planning Board may engage the services of an independent consultant
to review the application and supporting documentation, and the fee
to be paid such consultant shall be reimbursed to the Village by the
applicant.
[Amended 10-7-2002 by L.L. No. 7-2002]
C.
Filling and grading shall be done in such a manner as not to result
in an increase of surface water runoff on to any other properties
and shall not result in any condition which increases erosion or results
in any unstable condition upon the site or adjacent properties.
D.
In all cases the Village shall have the authority to conduct appropriate
surveillance of any site where grading and filling projects are conducted
to determine that such projects are conducted in a manner that is
in compliance with this chapter and other local and state laws.
E.
In all cases the Planning Board or Enforcement Officer may impose
any other reasonable conditions on the permit, such as screening,
access control, dust control, site security, etc., which it may deem
necessary in order to adequately maintain the site.
[Amended 10-7-2002 by L.L. No. 7-2002]
F.
The Enforcement Officer, or the Planning Board in cases where the
Planning Board issues a permit, shall decide the appropriate intervals
between grading and leveling of the site.
[Amended 10-7-2002 by L.L. No. 7-2002]
In no way is this chapter meant to limit a property owner's
right to plant for landscaping, grade lawn areas, do normal repairs
to occupied property, to correct a hazard representing an imminent
threat to life or property or to impose any requirement for land development
pursuant to, but not prior to, a building permit, approved subdivision
or site plan.
Any person found guilty of violating any provision(s) of this
chapter shall be guilty of a violation and shall be subject to a minimum
fine of $50 and a maximum fine of $200. Each day that a violation
continues shall constitute a separate and distinct offense and shall
be punished accordingly.
A filing fee of $25 shall be deposited with the Village Clerk
at the time of the filing of the application.
This chapter shall be effective immediately upon filing with
the Secretary of State of the State of New York.
