Application for permit; issuance; conditions.

A. Application for permits to fill land shall be made by the owner of the property to be filled on forms furnished by the Building Inspector.

[Amended 8-10-1978]

B. Each application shall be accompanied by a plot plan drawn to scale, showing all existing and proposed finished grades, the location of any streams, culverts or drainageways, all buildings, public highways or private drives and the names and addresses of every abutting landowner. Where he deems it necessary, the Building Inspector may require such plot plan to be prepared by a licensed engineer or land surveyor.

[Amended 8-10-1978]

C. Upon receipt of the application, the Building Inspector shall inspect the premises and submit a written report of the effect, if any, the proposed filling will have on adjoining properties, with particular attention to any drainage problems that may occur.

[Amended 8-10-1978]

D. Upon presentation of the application, together with necessary plans and the report of the Building Inspector, the Town Board shall issue a permit if it shall find that:

[Amended 8-10-1978]

(1) The proposed filling will not interfere with proper drainage of the subject property and surrounding lands and shall conform to the drainage laws of the Town of Webster[1] and County of Monroe.

[1]Editor's Note: See Ch. 146, Drainage, Erosion and Sedimentation.

(2) The proposed filling will not adversely affect the use and enjoyment of abutting properties, and the proposed grades are consistent with the development and use of properties in the general area.

(3) The proposed filling will be accomplished in such a manner as to not create any undue traffic hazard on any public highway or endanger the lives or property of the neighboring property owners.

(4) The material used in such filling will be suitable for any proposed use of the land and will not be dangerous, obnoxious or offensive to neighboring residents and properties.

(5) If any of the proposed fill is within the right-of-way of any town, county or state street or roadway, that a permit for work within the highway limits has been issued by the appropriate authority.

(6) The proposal is reasonable and necessary; will not endanger the health, safety and welfare of the people of the Town of Webster; and that it will not cause unreasonable, uncontrolled or unnecessary damage to the natural resources of the state, including soil, forest, water, fish and aquatic resources. In acting on such an application, the Town Board shall take into consideration natural landmarks, glacial and other physical features, streams and their floodplains, swamps, marshlands and other wetlands, unique biotic communities and scenic or other open areas of natural or ecological value.

E. No dumping shall be permitted in any navigable waters of the State of New York or of the United States unless a permit therefor has been issued by the appropriate federal or state agency. Upon presentation of such necessary permit, the Building Inspector shall issue a permit for such filling and no reference to the Town Board shall be required.

[Amended 8-10-1978]

F. The Town Board may impose such conditions or requirements upon the issuance of a permit as it deems necessary or proper to assure faithful compliance with its laws and regulations, including a performance bond in the amount of the estimated project cost, to be reviewed and recommended by the Engineering Department.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]