This article shall be entitled and known as "Fill and Excavation
Permits." Nothing in this article is intended nor shall be construed
to authorize within the Town any explicitly prohibited use.
It is the purpose of this article to protect the Town of Penfield,
its residents, and its natural environment from the negative effects
of land development and land uses and ensure an accurate and permanent
record of the placement of fill material. This article outlines the
defined procedures and standards established by the Town of Penfield
to protect the environment from the adverse impacts of land disturbances,
including, but not limited to, the following:
A permit is required for any of the following operations prior
to the commencement of any earth disturbance, except as otherwise
provided in this article:
A.
Fills
and excavations that exceed 50 cubic yards of soil, are greater than
four feet in depth, impair surface drainage, or have slopes steeper
than one foot vertical to two feet horizontal.
B.
Earth
grading/clearing that exceeds 5,000 square feet of area, causes a
grade change of greater than 12 inches at any point, or changes existing
surface drainage.
C.
Construction
of any aesthetic, recreational, fire protection, fishing pond, or
other pond with a depth greater than three feet or which meets the
above requirements.
D.
Other
activities deemed necessary by the Town of Penfield.
E.
Any earth
disturbance activity occurring over a twelve-month period.
A.
The Town
Clerk shall, upon presentation of a duly verified application for
a fill and excavation permit, accompanied by the consent, in writing,
of the owner, request a review and determination from the Town Board.
The Town Clerk shall, upon obtaining the Town Board’s approval,
issue the permit upon any conditions as may be imposed by the Town
Board in a particular case. The applicant shall pay all associated
fees, as set by Town Board resolution, and shall provide a financial
guarantee (cash or letter of credit from an approved financial institution)
as determined and approved by the Town Board.
B.
Each
permit issued pursuant to the terms and conditions set in this article
shall be granted for no more than three months after the date of its
issuance unless further extended by the Town Board, with input from
Town staff. Any extensions of the permit shall require payment of
all fees as determined by the Town Board. Any financial guarantee
shall ensure the faithful performance of the terms and conditions
of this article and any conditions noted in the permit. Each permit
shall be conditioned on the observance of all municipal ordinances.
Further, the applicant shall indemnify and hold harmless the Town
Board, the Town of Penfield, and its employees and its agents from
and against any damage to property of the Town, and for compliance
with the terms and conditions of said permit. The cash proceeds of
any guarantee, in the event of default, shall be conveyed to the Town
of Penfield, which shall be entitled to maintain any action thereupon.
Said guarantee shall remain in full force and effect until a certificate
of completion has been issued by the Town Engineer certifying that
all provisions of this article and the conditions of any permit issued
have been fully complied with.
Applications for fill and excavation permits shall be submitted
to the Town Board by the owner or the owner’s agent and must
be accompanied by the following materials:
A.
A letter
describing the project and its purpose;
B.
A survey
map, prepared by a surveyor licensed in New York State, showing the
location of the work with the property boundary lines and topography
of the site within 100 feet of the proposed fill/excavation for which
the permit is requested;
C.
The location
of any buildings, structures, and utilities on the site where work
is to be performed;
D.
The location
of any wetlands, floodplains, steep slopes, watercourses, or other
environmentally sensitive areas within 100 feet of the site;
E.
The location
of adjacent buildings and structures within 100 feet of the site;
F.
Proposed
contours of the fill/excavation limits;
G.
Information
showing all proposed drainage improvements, erosion and sedimentation
control measures, topsoil storage locations, construction entrances,
haul roads, security fencing, retaining walls, and other features
associated with the work;
H.
Estimates
of the cubic feet of material to be removed or brought onto the site;
I.
A time
schedule and sequence of the work;
J.
The name
and phone number of the contractor who is doing the work;
K.
The name
and phone number of the trucking company(s) and subcontractor(s) assigned
to the project;
L.
Source
of fill or disposal location of material to be excavated;
M.
An environmental
assessment form (EAF) in compliance with the New York State Environmental
Quality Review Act or an environmental impact statement, if required;
N.
An erosion
and sedimentation control plan;
O.
A restoration
plan; and
P.
Other
materials, plans, soil testing data, or any other data as required
by the Town Board.
A.
No excavation
or fill activities shall commence until a permit has been issued,
fees paid, and a financial guarantee has been received.
B.
The Town
Board shall find that the request is in harmony with the general purpose
of this article, taking into account the site location, quantity of
fill, proximity to EPOD areas, truck traffic impacts, and neighborhood
character. The Town Board shall find that the operation, maintenance,
and restoration procedures will not be detrimental to the health,
safety, or general welfare of persons residing or working in the vicinity
of the operation and the operation is not detrimental or injurious
to the property and improvements in the neighborhood or to the general
welfare of the Town of Penfield.
C.
Applications
shall be reviewed by the Town Board, which shall make a determination,
in its discretion, of the need to require a public hearing on this
matter. Such public hearing will be held not less than three days
nor more than 30 days after the public hearing notice has been given
prescribing the time, date, and place of the public hearing. Such
notice shall be given by the Town Clerk by causing the same to be
published in the official newspaper of the Town and by posting said
notice on the bulletin board in the Town Hall. Such notice shall contain
a brief explanation regarding the application. Approval or denial
of the permit application by the Town Board shall be rendered after
the conclusion of any public hearing on said application.
D.
In granting
any permit, the Town Board may attach such conditions as deemed necessary
to protect public and private property, utilities, watercourses, or
other environmentally sensitive areas. The work shall be conducted
so as to not be hazardous to life or property, and in a manner that
will not create a nuisance.
E.
A separate
permit is required for each separate, noncontiguous site.
F.
The Town
Board may waive any of the requirements noted herein if the applicant
can provide sufficient information on the application to show that
the work will conform to the requirements of this article.
G.
In addition
to the requirements for a fill and excavation permit, the applicant
shall be required to obtain an Environmental Protection Overlay District
(EPOD) permit for work located within a steep slope, regulated wetland,
woodlot, or watercourse overlay district.
H.
Fill material shall include inert fill materials, gravel, sand, silt, clay, and/or loam. Fill material shall exclude solid waste, hazardous waste, organic materials, tires, refuge, offal, hazardous waste, electronic waste, or any deleterious materials as defined by the Town of Penfield. Inert fill material shall include rocks, bricks, concrete, or asphalt that does not exceed 12 inches in size. All fill/excavated areas shall be covered with a minimum of six inches of topsoil upon completion of the filling or excavation to the approved grades. No topsoil sales are permitted without a permit as described in Article IX.
I.
Filling,
grading, or excavation work shall only be permitted between 7:00 a.m.
and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 1:00
p.m. on Saturday, except for Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day. Material hauling trucks shall
enter or exit the premises only within the hours permitted. All equipment
operations shall be restricted to the above hours.
J.
The applicant
shall limit access to the premises at all times to prevent unauthorized
dumping. Failure to do so may result in the revocation of the permit.
K.
A copy
of all permits, if required, from the NYSDOT and/or MCDOT shall be
obtained and submitted prior to start of work.
L.
All public
roadways shall be cleaned of spillage or windblown materials, as ordered
by the Town representative. The owner shall have a sweeper and water
truck on site within 24 hours of request by Town officials. Construction
access and haul roads shall be maintained at all times and shall be
constructed of stone capable of supporting H-20 loading, as defined
by the American Association of State Highway and Transportation Officials
(AASHTO).
M.
Dust
control shall be addressed by use of water, mulch, stone, or other
materials as approved by the Town. These shall be used on haul and
access roads and disturbed areas as ordered by the Town official.
N.
Any proposed
modifications to the approved plans after a permit has been granted
shall be submitted to the Town Board for review. Field changes shall
be requested with a change order to the Town for review and approval.
No field changes shall occur until the change order is approved in
writing by the Town Board or authorized official.
O.
No permit
shall be transferable without the written consent of the Town Board.
A.
The Town
reserves the right to inspect all operations to verify that the terms
and conditions of any permit are being complied with, and the cost
of inspections shall be reimbursed by the permittee. Failure to allow
access to Town personnel or their agents may result in the revocation
of the permit.
B.
The applicant
shall provide inspections in accordance with the current Department
of Environmental Conservation SPDES permit for stormwater discharges.
Any disturbance of one acre or more shall require the filing of a
notice of intent (NOI) with the NYSDEC prior to the start of work.
A copy of the NOI shall be provided to the Town of Penfield, along
with a copy of the approved stormwater pollution prevention plan (SWPPP).
C.
All active
excavation and fill areas shall not exceed five acres at any one time.
The applicant may request a five-acre disturbance waiver from the
Town of Penfield. If granted, all provisions of the current Department
of Environmental Conservation SPDES permit for stormwater discharges
shall be followed.
A permit shall not be required in the following instances:
A.
Operations
and activities not exceeding the criteria established herein;
B.
Sites
subject to Town subdivision and site plan review processes, provided
that the application is approved by the appropriate board or authorized
official;
C.
Activities subject to permit requirements in Article XIV, Variances and Special Use Permits, and/or a conditional use permit;
D.
Construction,
modification, or replacement of individual septic systems which do
not alter the natural terrain;
E.
Grading,
filling, or excavation within the right-of-way pursuant to a permit
issued by the Highway Department for work associated with utilities,
road work, or other systems for public use;
F.
Grading
and trenching for utility installation, maintenance or inspections,
only to the extent of any exemption from the provisions of this article
required by state law and provided that plans are submitted to the
Engineering and/or Planning Department and found to be acceptable;
provided, however, that in no event shall the foregoing be construed
to authorize any explicitly prohibited activities to be conducted
within the Town;
G.
Excavation
for the purpose of constructing a cellar wall, building, or part thereof
of a structure for which a permit has been issued by the Town of Penfield
Building Department;
H.
Any capital
or public works improvement project authorized by the NYSDOT, Monroe
County, or Town of Penfield; and
I.
Customary
agricultural operations that are not located in an Environmental Protection
Overlay District (EPOD).
A.
The authorized
official shall notify the applicant, in writing, of any violations
of this article. The applicant shall have seven calendar days to remedy
any violations.
