A. The purpose of this section is to regulate and control the modification of the topography of the land by excavating, grading, filling or similar activities. The Town of Manlius finds that the uncontrolled modification of existing topography has resulted in the destruction of the natural ground cover, air pollution, soil erosion, stream and pond sedimentation and alteration and disruption of natural drainageways and has adversely affected the health, safety and general welfare of the inhabitants of the Town.
B. This section shall apply to all real property in the Town, outside the Villages of Fayetteville, Manlius and Minoa. A permit as described in this section is required wherever it is proposed to modify the topography of such real property in any one of the following ways:
(1) Removal of natural vegetation from an area in excess of 10,000 square feet;
(2) Grading, excavating or filling an area in excess of 10,000 square feet;
(3) Grading resulting in the obstruction of a drainageway; or
(4) Grading resulting in the construction of a new drainageway.
C. This section shall not apply to land:
(1) Being used for farm purposes, where the activity meeting the criteria stated in Subsection
B is a normal and expected farm activity, such as plowing or harvesting;
(2) Controlled by a written permit issued pursuant to the Natural Resource Removal District regulations (§
155-19);
(3) Controlled by a special permit issued pursuant to §
155-27;
(4) Which is governed by a site plan pursuant to §
155-28 of the Town of Manlius Municipal Code; or
(5) Which is governed by a subdivision plat approved in accordance with Chapter
127, Subdivision of Land.
D. It shall be unlawful for any person to modify existing topography as provided in Subsection
B without first obtaining a valid permit from the Codes Enforcement Officer. An applicant for a permit must submit an application to the Codes Enforcement Officer that meets the requirements of Subsection
E. If the application is incomplete, the Codes Enforcement Officer shall return it to the applicant, specifying the manner in which it is incomplete. Upon receipt of a complete application, the Codes Enforcement Officer shall refer the application to the Planning Board. The Planning Board may refer such application to the Town of Manlius Environmental Council and the Town Engineer for their recommendations. In its discretion, it may schedule a public hearing on the matter. The Planning Board may grant the permit, grant the permit with modifications or conditions, or it may deny the permit.
E. The application shall include maps, plans and a narrative presenting all of the necessary information for a determination, as follows:
(1) A site location survey showing site, property lines, general topography and area drainage.
(2) A map of the area to be modified showing original and final contours at two-foot intervals, direction of drainage flow and appropriate information on adjacent properties as they affect or are affected by the applicant's site.
(3) Erosion runoff and siltation control in accordance with New York State Guidelines for Urban Erosion and Sediment Control.
(4) Dust, mud and debris control on public highways.
(5) Hours of operation and duration of proposed work, including a specific completion date.
(6) Screening for surrounding areas, if required.
(7) Reclamation, including suitable replacement of ground cover, topsoil and seeding, erosion and runoff control.
(8) An environmental assessment form or environmental impact statement, as appropriate.
(9) An agreement executed by all owners of record, in recordable form if required, giving a right of entry to agents of the Town. Failure to perform in accordance with the requirements of this chapter and the conditions of the permit may result in revocation of the permit and completion of the required reclamation by the Town. Should the Town complete the reclamation upon the permittee's failure to do so, such work shall be completed at the sole cost of the permittee.
(10) Filing fees (as set and from time to time adjusted, by the Town Board).
(11) Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter
126 of this Code shall be required for issuance of a permit. The SWPPP shall meet the performance and design criteria and standards in Chapter
126 of this Code. The approved site conditions shall be consistent with the provisions of Chapter
126.
F. The property owner shall deposit with the Town Clerk a minimum of $1,000 per acre or fraction thereof of land to be disturbed or such greater amount as the Town Planning Board shall specify for a particular project to insure that the reclamation is completed as required. The amount to be deposited shall be in the form of cash, cash equivalent, letter of credit or performance bond, which must be approved as to form and sufficiency of surety by the Town Attorney. Upon failure of the property owner to complete the reclamation as specified in the permit within the time set forth therein, the Town of Manlius and/or its agents may enter upon said premises and complete the reclamation. The cost of said work shall be drawn from the security on deposit with the Town Clerk. Any security remaining on deposit with the Town Clerk after completion of said work shall be returned to the owner. Any excess charges incurred by the Town over and above the security on deposit shall be paid by the property owner and shall be a lien on said property until paid.
G. Any activity undertaken by a property owner subject to this chapter without a permit shall be subject to a stop-work order by the Town. Any reclamation necessary to bring such illegal modifications of the topography into conformance with this chapter will be promptly accomplished by the owner. Should the owner fail to bring the property into compliance within 30 days of issuance of the stop-work order, the Town may undertake and complete such reclamation. The cost of such work shall be paid by the owner and will be a lien on his property until paid.
H. A proposed modification of the topography may require the acquisition of other permits or approvals, such as those required for lands in flood hazard zones or in or near wetlands administered by the New York State Department of Environmental Conservation and the Army Corps of Engineers, for instance. Receipt of a permit pursuant to this section does not preclude the necessity of obtaining any other permits required for the proposed activity.
I. Any property owner violating any of the provisions of this section shall be subject to the penalties specified in
§ 155-53A, and each seven-day period of continued violation shall constitute a separate violation thereunder.
