[HISTORY: Adopted by the Town Board of the Town of Crawford 9-15-2016 by L.L. No. 6-2016. Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the public health, safety, general welfare, natural environment and roadways of the Town of Crawford and to ensure that the filling and grading of properties are safely and properly conducted in conformance with applicable laws and regulations.
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
ENFORCEMENT OFFICER
The Town Building Inspector, Code Enforcement Officer, police officer or other person so designated by the Town Board.
FILLING
The placement of soil, rubble, spoils, rocks and/or any other appropriate fill on any property for the purpose or effect of raising, elevating or otherwise altering any portion of a property.
GRADING
The changing or alteration of the ground surface or slopes on a property.
A. 
The enforcement officer shall administer and implement this chapter by processing all filling and grading applications and making a determination on such applications.
B. 
The Building Inspector shall refer the application and supporting documentation to the Town Highway Superintendent for review and recommendation. The Building Inspector may refer the application and supporting documentation to the Planning Board or other Town agencies or professional consultants for review and recommendation. The Building Inspector, Highway Superintendent, Planning Board or other Town agency may engage the services of professional consultant(s) to review the application and supporting documentation. All professional consultant fees and other expenses incurred shall be paid by the applicant. The reviewing officer or agency may for this purpose require the applicant to deposit funds in advance in a reasonable amount, and any surplus shall be returned to the applicant.
No person shall conduct or cause or allow to be conducted any filling or grading on any property without securing a permit from the Town Building Department, unless an exemption set forth in § 86-5 applies.
A permit to fill or grade property shall not be required for routine landscaping, grading lawn areas, normal repairs to occupied property, correcting hazards representing an imminent threat to life or property, removal of dead wood, customary agricultural operations, filling or grading activities that affect less than 10,000 square feet of ground surface area, or land development pursuant to, but not prior to, a building permit, approved final subdivision plan or approved site plan.
The following information or exhibits are required in order to obtain a permit, unless the Building Inspector determines, based on the facts of a particular application, that compliance with a particular requirement is not necessary for the proper review of that application:
A. 
Drawings showing the tax lot upon which the activity will be conducted. The Building Inspector or Planning Board may require drawings prepared by a professional engineer or surveyor licensed in the State of New York.
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 applicant's property.
C. 
A plan showing the area to be filled, graded or otherwise disturbed, all existing and proposed contour lines, amount of fill to be placed or displaced, location of trees over eight inches in diameter measured four feet from the ground, and road access to the property.
D. 
The source(s) of the fill material and a description of the fill material.
E. 
The type and capacity of vehicles that would deliver fill to the property, the number of vehicle trips each day, the expected routes to the property, and the beginning and completion dates of the operation.
F. 
An erosion control plan.
G. 
Documentation regarding permit status with the New York State Department of Environmental Conservation prior to the issuance of a permit. Any required NYSDEC permit must be in effect prior to the issuance of a permit by the Building Inspector.
H. 
Any other information which the Building Inspector or Planning Board deems reasonable in reviewing the application.
A. 
The source(s) and type(s) of fill must be suitable for its intended purpose, as determined by the Building Inspector or the Town's professional engineer.
B. 
Operations shall be conducted only during the hours of 7:00 a.m. to 5:00 p.m. No operations shall be conducted on Sundays or holidays.
C. 
Filling and grading shall be conducted in such manner as not to result in an increase of surface water runoff onto any other properties, water bodies or wetlands and shall not result in any condition which increases erosion or results in any unstable condition upon the site, adjacent properties, water bodies or wetlands.
D. 
Monitoring and/or testing or fill material which is required by the Building Inspector, his designee or any agency during the course of operations shall be performed by a licensed professional engineer and/or certified testing laboratory retained by and paid by the property owner or applicant.
E. 
The applicant shall retain a qualified professional licensed to practice in the State of New York, who shall certify as to the contours of the site at regularly scheduled times to be established by the Enforcement Officer or his designee.
F. 
The Building Inspector may impose any other reasonable conditions on the permit, such as, but not limited to, screening, access controls, dust controls and site security, which the Building Inspector determines are necessary in order to adequately maintain the site.
G. 
The Building Inspector may limit the duration of any permit issued pursuant to this chapter to 20 days or other period deemed reasonable by the Building Inspector. Reasonable extension of the permit duration may be granted by the Building Inspector at the permittee's request.
The applicant shall be required to post a cash bond in an amount to be determined by the Building Inspector, which bond shall be posted with the Town Clerk to guarantee the satisfactory restoration and reclamation of the site and repair of any Town roads or other public property which might be damaged as a result of filling and grading activities. In the event that the applicant fails or refuses to make the necessary restoration, reclamation or repairs, the Town Board may, after notice and due process hearing, cause the necessary restoration, reclamation or repairs, by contractor or otherwise, and utilize the proceeds of the cash bond to pay for the cost and expense of such work, including but not limited to reasonable attorneys' and consultant fees.
A. 
Enforcement officers are authorized to issue violation notices and appearance tickets.
B. 
Whenever an enforcement officer determines that there is or has been a violation of any provision of this chapter or any permit issued pursuant to the chapter, he shall give notice of such violation to the property owner and to any person responsible for such violation. Such notice shall be deemed to be properly served if a copy thereof is sent by certified mail to the last known address of the person upon which the notice is served, as shown on the most recent assessment roll of the Town, or a copy is personally delivered to said person, or a copy is left at the usual place of abode or office of the person. The notice shall state the date by which the violation must be corrected, removed or prevented, which date shall be reasonable under the circumstances, as determined by the enforcement officer in his discretion.
C. 
The enforcement officer may issue a stop-work order if such order is deemed reasonable by the enforcement officer in his discretion.
D. 
Failure to comply with the order or direction of the enforcement officer shall constitute a separate and distinct offense and violation of this chapter.
A. 
In addition to and not in lieu of any other remedies, any person who violates any provision of this chapter or who violates any permit issued pursuant to this chapter or who fails to comply with any lawful order or direction promulgated hereunder shall be guilty of a violation and, for a first conviction thereof, shall be subject to a fine in an amount not less than $250 and not more than $1,000 or a maximum of 15 days' imprisonment or both; for conviction of a second violation committed within 12 months of the first violation, such person shall be subject to a fine in an amount not less than $1,000 and not more than $2,500 or a maximum of 15 days' imprisonment or both; for a conviction of a third violation committed within 12 months of the second violation and for each subsequent violation committed within 12 months of any prior violation, such person shall be subject to a fine in an amount not less than $2,500 and not more than $5,000 or a maximum of 15 days' imprisonment or both.
B. 
In addition to and not in lieu of any other remedies and penalties, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain the violation of, this chapter, any permit issued pursuant to this chapter, or any order or directive promulgated hereunder, and to obtain civil monetary penalties. The amount of the civil monetary penalties shall be in accordance with and not exceed the monetary penalties set forth in § 86-10A above.
C. 
Each calendar day a violation occurs or continues shall constitute and be deemed a separate and distinct violation.
Permit application fees may be established and amended from time to time by resolution of the Town Board.