[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 8-21-2012 by L.L. No. 8-2012. Amendments noted where applicable.]
These regulations are intended to provide for the control of filling and grading activities so as to prevent serious damage to public health, welfare and safety; public and/or private lands and drainage or watercourses within the Village of Johnson City.
As used in this chapter, the following terms shall have the meanings indicated:
- FILLING AND GRADING
- The alteration of land by any means which results in a modification of the land contours through the addition or deletion of soil or other nonrefuse inert material. This definition shall not include tilling of lands, landscaping of residences, commercial or industrial buildings which are authorized by a duly issued building permit pursuant to Chapter 114 of the Village Code or any activities which are specifically reserved to the Department of Environmental Conservation.
- FILL MATERIAL
- Acceptable fill material shall be limited to loam, rock, stone, gravel, sand, cinders, soil and concrete pieces less than 12 inches in diameter.
On all sites in the Village of Johnson City in which fill is delivered or removed, the owner of said site shall obtain a permit from the Superintendent of Public Works or designee which will require compliance with 6 NYCRR 360 and which provides for the following:
Engineering drawings showing the section, block and lot numbers upon which the activity will be conducted.
The names and addresses and the section, block and lot numbers of all contiguous property owners.
A plan showing all existing and proposed contour lines, amount of fill to be delivered, amount of soil to be removed, location of trees over four inches in diameter measured four feet from the ground and road access to the site. The plan should also indicate any floodways, floodplains, wetlands, steep slopes, or watercourses on the parcel(s) to be filled.
Documentation regarding permit status with the New York State Department of Environmental Conservation prior to the issuance of a permit. Any New York State Department of Environmental Conservation permit required must be in effect prior to the issuing of a permit.
Proof of insurance adequate to cover the intended work pursuant to the terms of the permit. The Village of Johnson City shall be named as an additional insured on the owner's policy. The owner shall by a separate instrument agree to indemnify and hold harmless the Village of Johnson City from any claims arising out of the intended activity.
A description of the source of soil to be utilized in the filling and grading, including but not limited to anticipated amount location of the source and, if the source is not the applicant, a verified statement by the owner of the source as relates to availability of the soil for filling and grading.
The anticipated commencement and completion dates.
The names of all authorized contractors, entities or businesses which will participate in the filling and grading, document preparation or supervision of the project.
If in the discretion of the Superintendent of Public Works or designee testing or monitoring is required, the owner of said site is required to hire a consultant or to pay such sums to the Village of Johnson City to cover such costs.
The owner of said site shall be required to post a surety bond with the Village Clerk, in a form acceptable to the Village Attorney, in an amount to be fixed by the Superintendent of Public Works or designee, prior to issuance of said permit in the following cases:
When the estimated cost of the work, including all lots, as shown in the application, or as reasonably calculated by the Superintendent of Public Works or designee, exceeds $20,000; or
When the estimated time of completion as set forth in the application, or as reasonably calculated by the Superintendent of Public Works or designee, exceeds 60 days from the issuance of the permit.
The Superintendent of Public Works or designee shall charge a permit fee to the owner of said site in the amount of $25, or other such amount as may be established by a resolution of the Village Board.
Any person who violates this chapter, upon conviction thereof, shall be punishable by a fine of not less than $1,000 per day and not more than $2,500 per day or by imprisonment for a term not to exceed 15 days. Each day's continued violation shall constitute a separate additional violation.
Convictions for a violation of this chapter shall constitute and effect an immediate revocation of the permit granted hereunder.
The Superintendent of Public Works or designee may suspend the performance of any delivery of fill and also may revoke any permit issued hereunder or under any other provision of law purporting to authorize such delivery of fill for a like period, at any time, in the event of an actual or threatened violation of this chapter. The Superintendent of Public Works or designee shall have the further authority to suspend and revoke all other permits at the site when the instant permit is violated or there is a threatened violation.
The Superintendent of Public Works or designee shall accomplish such suspension and revocation by delivering, personally or by certified mail, a written notice thereof, stating the particular grounds therefor, to the applicant. Thereafter, during the period of such suspension and revocation, no delivery of fill shall be permitted or performed.
Any person aggrieved by such suspension and/or revocation may appeal therefrom to the Village Board, who may affirm, modify or reverse the Superintendent of Public Works or designee's action or make such other disposition of the appeal which may be consistent with the purposes of this chapter.
In addition to the above-provided penalties and punishment and such other remedies as may now or hereafter be provided by law, the Superintendent of Public Works or designee may maintain an action or proceeding in the name of the Village in any court of competent jurisdiction to compel compliance with or to restrain by an injunction the violation of such chapter and to recover, by appropriate civil remedies, any cost, expense or damage sustained by the Village in consequence of such violation, including an action to enforce the surety bond provided for in this chapter.
This chapter shall not apply to the homeowner who has delivered on his property three yards or less of fill, in an aggregate, on an annual basis.