Site filling and berming.
(1) No person shall place soil, sand, rocks, gravel or any other fill material six inches in depth or greater above the existing grade level of the site as indicated in the most recent topographic survey of the site until a fill permit is issued. No person shall remove or cause to be removed any trees which are located within areas designated as woodlands on the Town of Chili woodland map or within conservation districts until a tree removal permit has been obtained.
(2) Fill permit. In order to obtain a fill permit, the applicant must submit a map or plan, drawn to scale, which shows both existing and proposed elevations and topography, existing and proposed drainage patterns, any necessary erosion control measures, total extent of area in which filling is to occur, type and quantity of fill material to be used, location of all existing and proposed structures, and trees or vegetation, and floodplains or designated wetlands, and any other relevant information as may be required, including but not limited to status of approval by the Army Corps of Engineers or the New York State Department of Environmental Conservation if same is required. If the project involves 400 or more cubic yards of fill, or 20,000 square feet of area, or if work was begun without a permit and the extent of filling is not readily determined, the map or plan must be prepared by a professional engineer. In all cases the written authorization of the property owner shall be submitted as part of the application.
(a) Where the applicant must receive a special use permit, site plan or subdivision review, this information should be included in the plans as required for such reviews as listed elsewhere in this chapter, indicating that a fill permit is also sought. In these instances, at the discretion of the Planning Board, both permits can be acted on under one review procedure.
(b) All topsoil shall be stripped from the area to be filled and stockpiled and seeded for use in accordance with the restoration plan. A site elevation benchmark shall be identified to provide easy verification of the fill height (elevation) allowed. The completed fill shall have no slope greater than one foot on three feet at its perimeter. Upon completion of the fill, the topsoil shall be replaced and immediately reseeded, in accordance with the restoration plan.
(c) Where there is no requirement for any of the permits described above, other than the fill permit, or where the Planning Board refuses to act upon such other permit, the information required for review shall be submitted to the Director of Planning, head of the Building Department, or similar officer or designee who, together with the Town Engineer and any other Town official deemed appropriate, shall review the request and act upon it within 45 days of submission. The duration of any permit for filling shall be 90 days, at the end of which time all requirements of this Subsection A shall have been met. The property owner shall permit such inspections as may be necessary to verify compliance, including but not limited to a final inspection at the end of the 90 days. The property owner shall provide verification of final grading by a licensed surveyor for all projects over one acre and for all projects begun without a permit.
