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:
B. Prolonged
exposure of soil;
C. Changes
in drainage characteristics;
D. Changes
in rate and volume of water runoff from the land;
E. Obstructing
the natural flow of watercourses and natural runoff patterns;
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.
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;
P. Other
materials, plans, soil testing data, or any other data as required
by the Town Board.
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).