[Amended 2-11-2015 by L.L. No. 2-2015]
The depositing of any type of fill materials on land located in the Town of Riga is hereby prohibited except in conformity with the provisions of this Article; provided, however, that the provisions of this Article shall not apply to:
A.
The depositing of clean fill materials for the purpose of establishing the grade of a building or structure for which a building permit has been issued, provided that in such cases the fill operation shall comprise no more than a total of 1/2 acre unless site plan approval is obtained from the Planning Board in accordance with Chapter 95, Zoning, Article IX, Site Plan Approval.
B.
The location of public utilities, pipes and mains, including sewerage lines.
D.
The deposit of clean fill materials not exceeding 75 cubic yards in any calendar year, which does not adversely affect established drainage patterns.
[Added 2-11-2015 by L.L. No. 2-2015]
As used in this article, the following words and terms shall have the meanings indicated:
Uncontaminated soil, rocks, sand or gravel. "Clean fill" shall not include construction or demolition materials or debris, waste materials or garbage, organic matter or any other kind of solid waste material which might adversely affect or injure the use of adjacent property. Fill dirt should be free of organic matter to the extent reasonably possible since organic matter will decompose creating pockets of empty space within the fill which could result in settling. Uneven or excessive settling of the fill can result in damage to any structures built on the fill.
Decomposing plant and animal residues; for example, tree trimmings, compost, tree stumps and manure or sludge.
[Amended 2-11-2015 by L.L. No. 2-2015]
Before any fill operation is commenced for any purpose, other than those excepted in § 47-11 of this Article, the owner, agent of the owner or lessee of the premises shall obtain a permit therefor from the Planning Board. The permit shall be applied for in writing on an application form signed by all owners of the property and shall include or be accompanied by the following:
A.
The name and address of each of the owners of the property.
B.
A survey map of the property showing the property lines and existing topographic features, including contours, trees, ponds, marshes, utility easements, rights-of-way, existing land uses, zoning, ownership of surrounding property and existing streams, watercourses and natural drainage areas.
C.
A statement setting forth the present elevation of the area proposed to be filled and to what elevation the applicant proposes to fill in said area.
D.
A statement concerning whether any of the property to be filled or any property contiguous thereto and within 100 feet of the proposed property to be filled is located within a wetland, swamp, marsh area or floodplain area delineated by any agency of the federal, state, county or local municipal governments. If the proposed property to be filled lies within a wetland, swamp, marsh area or floodplain or within 100 feet of such an area, the applicant must first secure whatever approvals may be necessary from the Town of Riga under any other town laws, ordinances or regulations relating to operations in such areas, as well as approval from the New York State Department of Environmental Conservation and any other federal, state or county authority having jurisdiction over such operation and shall attach copies of all such approvals to the application.[1]
E.
A statement indicating the proposed use of the property upon completion of the fill operation.
F.
A nonrefundable filing fee, which fee shall be in accordance with the schedule of fees established from time to time by resolution of the Town Board.
[Amended 2-11-2015 by L.L. No. 2-2015]
Upon the filing of the application, the Planning Board shall examine the same for completeness and, if found in proper order, shall conduct a hearing thereon upon 10 days' notice to the applicant. At such hearing the Planning Board shall afford the applicant, as well as any other interested party, an opportunity to be heard on the application.
[Amended 2-11-2015 by L.L. No. 2-2015]
In granting or denying any application for a fill permit, the Planning Board shall consider, among any other issue it may deem relevant, either from its own knowledge and investigation or from testimony or other information submitted to it, the following matters as the same are relevant to the application being considered:
A.
Whether the proposed fill operation will be a nuisance in law or in fact; whether it will be noxious, offensive or injurious by reason of production or emission of dust, smoke, refuse, poisonous substances, odors, fumes, noise, radiation, vibration, unsightliness or similar conditions; and whether it will contaminate waters.
B.
The effect of the proposed fill operation on the orderly development and character of the neighborhood of the proposed operation and upon the development and conduct of other lawful uses in the vicinity.
C.
Whether the proposed fill operation will create hazards or dangers to persons in the vicinity.
E.
Whether the proposed fill operation will adversely affect any natural drainage or floodplain areas which may exist in or about the proposed fill area or whether such operation would affect the general water quality within such area.
F.
Whether the proposed fill operation will divert, eliminate or in any way affect any natural streams, ponds or waterways in or about the area.
G.
Whether the proposed fill operation would be within the general welfare and public interest of the residents of the surrounding area and of the Town of Riga in general.
H.
What conditions, restrictions and safeguards may be necessary if it is determined that the application should be granted to protect property values in the vicinity of the proposed fill area and for the protection of the health, safety, morals, peace and general welfare of the community and of the public.
[Amended 2-11-2015 by L.L. No. 2-2015]
The following conditions, together with any other conditions which may be imposed by the Planning Board in granting any application for a fill permit, shall apply to any fill permits issued under this Article:
A.
Only stone, brick, building block, gravel, clean fill dirt and topsoil shall be used as fill material. All other materials are prohibited.
B.
The person receiving such permit must keep the material deposited leveled off as soon as deposited and, when filled in and completed, shall cover said material with at least 12 inches of clean earth within a reasonable time thereafter, except that the Planning Board may require in any permit issued a plan for the cover of the filled-in areas as the fill operation progresses.
[Amended 2-11-2015 by L.L. No. 2-2015]
Upon approval of the application by the Planning Board and prior to issuance of any permit hereunder, the applicant and/or the owner of record of the property shall:
A.
File with the Town Clerk an easement in a form satisfactory to the Planning Board giving the Town of Riga the right to have officers or employees of the town enter on the premises to enforce the provisions of this Article and to require such work to be done as may be necessary to meet any conditions in the permit imposed by the Planning Board.
B.
Execute and file with the Town Clerk, if required to do so by the Planning Board, a bond to be approved as to form, manner of execution and sufficiency of surety by the Town Attorney, in a sum to be determined by the Planning Board. In the alternative, a cash deposit may be required, the sum to be determined as aforesaid.
(1)
Such bond or cash deposit shall be surety and condition for the faithful performance of the conditions in this Article and the observance of all other applicable ordinances and laws and the conditions of the permit. The principals and surety or, in the event of a cash deposit, the principals shall agree to indemnify and save harmless the Town of Riga and the Superintendent of Highways of said town from any and all damage to property of said town which may be caused by the contemplated filling or any operation in connection therewith. In the event of default of compliance with the conditions of this Article and other applicable ordinances and laws and the conditions of the permit, such bond or cash deposit shall be forfeited to the Town of Riga.
(2)
Such bond or cash deposit shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Clerk to the effect that all provisions of this Article and other applicable ordinances and laws and the conditions of the permit have been met.
[Amended 2-11-2015 by L.L. No. 2-2015]
Permits shall be granted for a period of six months only. The applicant may apply for additional six-month permits pursuant to the procedures set forth in this Article, and the Planning Board shall consider any such further application in the same manner as the original application.
Filling operations being conducted at the time this Article becomes effective may continue for the unexpired portion of the permit period for which it was issued. The owner, lessee or operator shall thereafter be required to apply for and obtain a permit under this Article prior to commencement of the fill operation.
[Amended 2-11-2015 by L.L. No. 2-2015]
Any permit issued hereunder may be revoked, after a hearing held upon 10 days' written notice to the holder thereof, upon a determination by the Planning Board that any condition in this Article or of other applicable ordinance or laws or any conditions of the permit have not been complied with, and the bond executed by the holder of said permit and filed with the Town Clerk, or the cash deposit, shall be forfeited and used to remedy the default or violation.
