[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:
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.
Acceptable fill material shall be limited to loam, rock,
stone, gravel, sand, cinders, soil and concrete pieces less than 12
inches in diameter.
A.
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:
(1)
Engineering drawings showing the section, block and lot numbers upon
which the activity will be conducted.
(2)
The names and addresses and the section, block and lot numbers of
all contiguous property owners.
(3)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
The anticipated commencement and completion dates.
(9)
The names of all authorized contractors, entities or businesses which
will participate in the filling and grading, document preparation
or supervision of the project.
B.
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.
C.
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:
(1)
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
(2)
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.
D.
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.
A.
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.
B.
Convictions for a violation of this chapter shall constitute and
effect an immediate revocation of the permit granted hereunder.
C.
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.
(1)
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.
(2)
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.
D.
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.