[HISTORY: Adopted by the Town Board of the Town of Niskayuna 12-15-1987.
Amendments noted where applicable.]
The Town Board of the Town of Niskayuna hereby finds that the uncontrolled
and unregulated disturbance, excavation, filling and removal of soil has resulted
and will result in conditions detrimental to the public safety, health and
general welfare, deterring substantially the efforts of the Town to promote
and effectuate the general purposes of municipal planning.
As used in this chapter, the following terms shall have the meanings
indicated:
To dig, move, excavate, remove, deposit, fill, grade, replace, level
or otherwise alter or change the location or contour of the land or to transport
or supply soil.
Any change or alteration in the grade of any property.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard
to the presence or absence of organic matter.
A.
No person shall excavate any soil or change or alter
the grade of any property within the Town of Niskayuna without having first
obtained approval from the Building Inspector.
B.
This chapter shall not apply to the excavation of soil
for use on the premises from which it is taken or to any excavation or filling
resulting in an elevation change of two feet or less, provided that the drainage
on or adjacent to the premises is not altered.
C.
Any soil disturbance associated with a subdivision, special
use permit or any other project for which the Planning Board conducts a site
plan review shall not require separate approval under this chapter. Approval
of soil disturbance for these types of projects shall be considered part of
the overall approval of such project.
A.
Applications shall be made to the Building Inspector
and shall consist of the following:
(1)
A map of the premises, showing the present contour lines
and the proposed future contour lines resulting from the intended excavation
or redistribution of soil.
(2)
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises, which information may be included in the map required by Subsection A(1).
(3)
The proposed dates for the commencement and completion
of the work.
(4)
The name and address of the owner of the land.
(5)
The lot and block numbers of the lands as shown on the
current Tax Map of the Town.
(6)
The reason for removing or adding the soil.
(7)
The type and quantity of soil to be removed or added.
(8)
The location to which soil is to be removed or added.
(9)
Such other pertinent data as the Building Inspector deems
necessary.
A.
The written application shall be made to the Building Inspector pursuant to § 179-4. In considering and reviewing the application, the Building Inspector shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following:
B.
If, after considering the above factors, the Building
Inspector determines that the proposed disturbance, removal or redistribution
of soil will not be detrimental to the health, safety or welfare of the Town
or its inhabitants, he shall approve the plans. Upon approval of the plans,
payment of the fees and filing of the bond required by this chapter, the Building
Inspector shall issue a soil disturbance permit. Notice of the grant or denial
of the application shall be given to the applicant within 30 days after the
application is filed.
No soil disturbance permit shall be reviewed until the fees, as established
by resolution of the Town Board, shall be paid by the applicant to the Town
and the bond requirements have been met. In the event that the application
is denied or withdrawn for any reason, 50% of the fee shall be returned to
the applicant.
Before the permit is issued, the applicant shall file with the Town
Clerk a bond executed by the applicant as principal and by a surety company
licensed to do business in the State of New York as surety.
A.
The amount of the bond shall be for the total cost of
the work to be performed.
B.
The bond shall be conditioned as follows:
(1)
That the permittee will complete the work authorized
by the permit in conformity with the terms of the permit and the provisions
of this chapter on or before the date of completion set forth in the application.
(2)
That the applicant will repair any public street, structure
or land which may be damaged as a result of the work authorized by the permit.
Soil disturbance conducted under a permit issued under this chapter
shall be in accordance with the following regulations:
A.
Operations shall be conducted so that there shall be
no sharp declivities, pits or depressions.
B.
Land shall be graded so as to conform to the contour
lines and grades approved and shall be cleared of debris.
C.
The top layer of soil to a depth of six inches shall
not be removed from the premises but shall be set aside and respread over
the premises when the remainder of the soil has been removed.
D.
All of the work described in this chapter shall be performed
between the hours of 8:00 a.m. and 8:00 p.m. on any working day.
E.
Adequate measures shall be taken to prevent erosion or
the depositing of soil or surface runoff upon surrounding lands.
Nothing in this chapter shall be construed as to prevent the Town from
taking injunctive proceedings to restrain removal of topsoil as described
in this chapter.
