It is found and declared that:
A. The unregulated removal of topsoil, sod, flora, subsoil,
earth, sand or gravel dredging or the construction or alteration of berms
("earth moving") within the Village results in the washing of silt and mud
into the Village's catch basins and storm drains during and after heavy
rainfalls and reduces the absorption of water into the soil, thereby creating
flooding conditions after heavy rainfalls and creating unnecessary erosion
and damage to public and private property within the Village.
B. Unregulated earth moving tends to result in unreasonable
odors, smoke, dust, noise and vibrations and to result in dangers from pits,
holes, gullies, water, cliffs, sharp declivities, sliding earth and hazardous
machinery in close proximity to residential areas.
C. Unregulated earth moving tends to destroy the natural
rural aspect of the community, to depress property values, to create traffic
hazards and to deteriorate the public roads and streets within the Village.
D. Unregulated earth moving results in such conditions and
others which are detrimental to the public safety, health, welfare, good order
and peace.
E. Changing existing water levels, dredging and filling
lowland. lakes, ponds, marshes or other watercourses results, or may result,
in erosion, storm damage, flooding, pollution and other damage to the land
so altered or to adjoining properties.
F. Dredging and/or filling tends to result in unreasonable
odors, smoke, dust, noise and vibrations and to result in dangers from erosion,
storm damage, flooding and pollution, as well as traffic hazards and deterioration
of roads and streets within the village.
G. The provisions and prohibitions contained in this chapter
are in pursuance of and for the purpose of securing and promoting the public
health, comfort, safety and welfare of the village and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
BERM
A quantity of dirt, stone, organic material or other fill material
or combinations of such material mounded on the ground above the original
existing grade.
EARTH MOVING
Excavation, dredging, filling, removal or depositing of topsoil,
sod, flora, subsoil, earth, sand, gravel in excess of 15 cubic yards.
Before any special permit shall be granted, a written application shall
be submitted to the Board of Trustees, together with maps and plans showing
the following:
A. Full name and address of applicant;
B. A complete description of the proposed work and the amount
of material to be dredged, filled, excavated, removed, deposited or moved
and proposed disposition thereof. No berm shall encroach on any Village, town,
county or state road right-of-way;
C. The location and dimensions of the premises affected
by the earth moving, together with a current survey;
D. Existing contour lines on the premises and proposed contour
lines resulting from the intended earth moving shown on a map drawn to a scale
not less than 100 feet to the inch and with a contour interval not to exceed
two feet;
E. Existing and proposed drainage on the premises;
F. Surrounding properties and streets;
G. Proposed truck route and access to the property for any
material to be moved over existing streets within the Village; and
H. Pollution reduction/prevention measures.
This chapter shall not be deemed to prevent:
A. Earth moving in connection with the bona fide construction
or alteration of a building on such premises for which a building permit has
been issued, provided that such excavation and filling takes place within
100 feet of the proposed or existing location of the building or is necessary
to establish a driveway for the premises as approved by the Building Inspector.
B. Earth moving in connection with the construction of improvements
and changing of contours for roads and drainage in accordance with the subdivision
plans and contour maps formally approved by the Village Planning Board for
such premises.
C. Normal gardening, landscaping or horticultural activities
which involve earth moving of not more than 15 cubic yards of material on
any parcel of land within any twelve-month period.
D. Earth moving in excess of the above amounts and berms
in excess of three feet high shall be permitted only if the Board of Trustees
finds that such work will further the health, safety and welfare of Village
residents and will not unreasonably deplete a natural resource or otherwise
have a detrimental impact on adjacent land, the environment or ecological
system of the Village.
E. Bona fide horticultural nursery operations.
F. Routine maintenance of operating golf courses, provided
that such work does not have an adverse effect on drainage for adjacent streets
or properties.
[Amended 5-15-2007 by L.L. No. 3-2007]
Any person who violates any provision of this chapter shall be guilty
of a violation, punishable by a fine of $5,000 or a term of imprisonment of
not more than 15 days, or both.