[HISTORY: Adopted by the Board of Trustees of the Village of Albion 11-14-2001 by L.L. No. 9-2001. (This local law was adopted as Ch. 155, Art. II, §§ 155-15 through 155-24, but was renumbered to fit into the organizational structure of the Code.) Amendments noted where applicable.]
GENERAL REFERENCES
Exterior property maintenance — See Ch. 155.
Zoning — See Ch. 290.
The purpose of this chapter is to promote the public health, safety and general welfare and to ensure that the clearing, filling and grading of property is safely conducted in conformance with the Village Zoning Law[1] and other applicable ordinances.
[1]
Editor's Note: See Ch. 290, Zoning.
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
CLEARING
The removal of trees over eight inches in diameter measured at four feet above ground level and shall include the stripping of soil.
ENFORCEMENT OFFICER
The Village Code Enforcement Officer or other person so designated by the Village Board.
FILLING
The placement of soil, rubble, spoils, rocks and/or any other appropriate fill on any property for the purpose of raising or elevating any portion of a property. Filling shall not include the burying of garbage, demolition or construction waste, trash or hazardous materials of any kind. The placement or transfer of unacceptable material is prohibited.
GRADING
The changing or alteration of the surfaces of slopes of lawns or grounds on a site.
C. 
Administration by Code Enforcement Officer. The Code Enforcement Officer shall administer and implement this chapter of the Village of Albion Code by processing all applications and, where required, referring such applications to the Planning Board.
No person shall conduct or cause to be conducted any land operations to clear, fill or grade any property without securing a permit from the Code Enforcement Officer.
The following information or exhibits are required in order to secure a permit.
A. 
Engineering drawings showing the tax lot upon which the activity will be conducted.
B. 
The names, addresses and section, block and lot numbers of all contiguous property owners and the names, addresses and section, block and lot numbers of all property owners located within 500 feet of the proposed site.
C. 
A plan showing all existing and proposed contour lines, the amount of fill to be placed or displaced, the location of trees over eight inches in diameter measured four feet from the ground, and the road access to the site.
D. 
An erosion control plan.
E. 
Preliminary copies of any contracts to perform such clearing, filling and grading, which contract shall state that it is subject to this chapter of the Village Code and that a copy of this section of the Village Code shall be attached to and become a part of such contract.
F. 
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 Village issuing a permit.
G. 
Proof of insurance adequate to cover the intended work pursuant to the terms of the permit. The Village shall be named as an additional insured on the applicant's policy. The applicant shall, by a separate instrument, agree to indemnify and hold harmless the Village from any claims arising out of the intended activity.
H. 
The completion date and any other information which the Planning Board deems reasonable in reviewing the application.
A. 
Operations shall be conducted only from 8:00 a.m. to 5:00 p.m. No operations shall be conducted on Sundays or holidays.
B. 
Prior to the issuance of a permit, the Planning Board shall hold a public hearing on 10 business days' notice. Whenever possible, this hearing shall be combined with the hearing for site plan or subdivision approval.
C. 
The Planning Board shall refer the application and supporting documentation to the Code Enforcement Officer and Village Engineer for their review and recommendation. The Board may engage the services of an independent consultant to review the application and supporting documentation, and the fees to be paid to such consultant shall be reimbursed to the Village.
D. 
Clearing, filling and grading shall be done in such manner as not to result in an increase of surface water runoff onto any other properties, and shall not result in any condition which increases erosion or results in any unstable conditions upon the site or adjacent properties or wetlands.
E. 
The Planning Board may condition its approval on appropriate surveillance of the site on a twenty-four-hour, seven-day-week basis, until the activity is completed. The applicant shall be required, as a condition of the permit to sign the permit authorizing Village employees or agents to enter onto the applicant's property to conduct the appropriate surveillance. Any and all costs for this service will be estimated by the Board prior to the issuance of a permit, and the applicant will then be required to post a certified check to cover such costs.
F. 
The Planning Board may impose any other reasonable conditions on the permit, such as screening, access controls, dust controls, site security, etc., which the Planning Board believes are necessary in order to adequately maintain the site.
The separate filling and grading permit shall not be required for the planting of landscaping, grading lawn areas, normal repairs or occupied property, correcting hazards representing an imminent threat to life or property, removal of dead wood or for land development pursuant to, but not prior to, an approved site plan or subdivision plan showing finished grade elevations.
The applicant shall be required to post a performance bond or money security deposit in an amount to be determined by the Village Board to be posted with the Village Clerk to guarantee the satisfactory restoration of any state, county or Village roads or other public property which might be damaged as a result of the activities of the applicant in clearing, filling and grading pursuant to the terms of this chapter. In the event that the applicant fails or refuses to make the necessary repairs, the Village Board shall forfeit the performance bond or money security deposit in order to underwrite the expense in making such repairs.
The Village Board may impose a fine of $5,000 or in an amount not to exceed 150% of the Village's actual cost incurred in correcting the conditions caused by noncompliance with this chapter, including consequential damages paid by the Village, whichever is higher. The fine of 150% shall be of the total costs to the Village, regardless of any and all reimbursement to the Village by the applicant to cover those initial cost estimates.
If any part of this chapter is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined to the part directly involved in such judgment and shall not affect the validity of the remainder of this chapter.
The special permit shall expire 12 months after the date of issue. The Planning Board may grant an extension of 12 months duration following a public hearing, provided that all terms and conditions of this chapter are in compliance.