Village of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 2-1-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 132.
Flood damage prevention — See Ch. 137.
Zoning — See Ch. 245.

§ 112-1 Purpose.

The purpose of this chapter is to promote the public health, safety and general welfare and to ensure that the clearing, filling and grading of properties are safely conducted in conformance with Chapter 245, Zoning, and other applicable ordinances.

§ 112-2 Word usage; definitions.

A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
CLEARING
The removal of trees over eight inches in diameter measured at four feet above ground level, and shall include the stripping of soil. However, additions or alterations to one- or two-family homes shall be exempt from this chapter.
ENFORCEMENT OFFICER
The Village Code Enforcement Officer or other person so designated by the Board of Trustees.
FILLING
The placement of soil, rubble, spoils, rocks and/or any other appropriate fill on any property for the purpose of raising or elevating any portion of a property. "Filling" shall not include the burying of garbage, trash or hazardous materials of any kind. Nonhazardous refuse, demolition or construction waste originating within the village may be deemed to be acceptable fill material.
GRADING
The changing or alteration of the surfaces of slopes of lawns or grounds on a site.

§ 112-3 Administration.

[Amended 12-7-2015 by L.L. No. 7-2015]
The Enforcement Officer shall administer and implement this chapter by processing all applications.

§ 112-4 Permit required.

[Amended 8-11-1997 by L.L. No. 4-1997; 12-7-2015 by L.L. No. 7-2015]
No person shall conduct or cause to be conducted any land operations to clear, fill or grade any property without securing a permit from the Enforcement Officer. The fee for said permit shall be as set forth in the Village schedule of fees.[1]
[1]
Editor's Note: See Ch. 132, Fees.

§ 112-5 Application requirements.

The following information or exhibits are required in order to secure a permit:
A. 
Engineering drawings showing the tax lot upon which the activity will be conducted.
B. 
The names and addresses and the section, block and lot numbers of all contiguous property owners and the names and addresses and section, block and lot numbers of all property owners located within 500 feet of the proposed site.
C. 
A plan showing all existing and proposed contour lines, amount of fill to be placed or displaced, location of trees over eight inches in diameter measured four feet from the ground and road access to the site.
D. 
An erosion control plan.
E. 
Preliminary copies of any contract to perform such clearing, filling and grading, which contract shall state that it is subject to this chapter and that a copy of this chapter shall be attached to and become a part of such contract.
F. 
Documentation regarding permit status with the New York State Department of Environmental Conservation prior to the issuance of a permit. Any New York State Department of Environmental Conservation permit required must be in effect prior to the village issuing a permit.
G. 
Proof of insurance adequate to cover the intended work pursuant to the terms of the permit. The village shall be named as an additional insured on the applicants policy. The applicant shall, by a separate instrument, agree to indemnify and hold harmless the village from any claims arising out of the intended activity.
H. 
Completion date and any other information which the Enforcement Officer deems reasonable in reviewing the application.
[Amended 12-7-2015 by L.L. No. 7-2015]

§ 112-6 Additional requirements.

A. 
Operations shall be conducted only during the hours of 7:00 a.m. to 7:00 p.m. No operations shall be conducted on Sundays or holidays.
[Amended 8-11-1997 by L.L. No. 4-1997]
B. 
Prior to the issuance of a permit, the Planning Board shall hold a public hearing on 10 days' notice. Notification of the proposed hearing shall be given by the applicant to all abutting property owners and all other owners of property within 500 feet of the intended site. Proof of such notice shall be given by certified mail, return receipt requested, and, at the time of the public hearing, the applicant shall file proof of service of the notice of public hearing.
[Amended 12-7-2015 by L.L. No. 7-2015]
C. 
The Planning Board may engage the services of an independent consultant to review the application and supporting documentation, and the fees to be paid such consultant shall be reimbursed to the Village pursuant to the Village Code.
[Amended 12-7-2015 by L.L. No. 7-2015]
D. 
Clearing, filling and grading shall be done in such manner as not to result in an increase of surface water runoff onto any other properties and shall not result in any conditions which increase erosion or result in any unstable conditions upon the site or adjacent properties or wetlands.
[Amended 12-7-2015 by L.L. No. 7-2015]
E. 
The Planning Board may contract appropriate surveillance of the site on a twenty-four-hour, seven-day-per-week basis until the activity is completed. The applicant shall be required, as a condition of the permit, to sign the permit authorizing the Village, its employees or agents to enter onto the applicant's property to conduct the appropriate surveillance. Any and all costs for this service will be estimated by the Village prior to the issuance of a permit, and the applicant will then be required to post a certified check to cover such costs.
[Amended 12-7-2015 by L.L. No. 7-2015]
F. 
The Planning Board may impose any other reasonable conditions on the permit, such as screening, access controls, dust controls, site security, etc., which the Planning Board believes is necessary in order to adequately maintain the site.
[Amended 12-7-2015 by L.L. No. 7-2015]

§ 112-7 Exemption.

[Amended 12-7-2015 by L.L. No. 7-2015]
The Planning Board's permission to clear, fill or grade property shall not be required for the planting of landscaping, grading lawn areas, normal repairs to occupied property, correcting hazards representing an imminent threat to life or property, removal of dead wood, harvesting of firewood, not to exceed four live trees per year over eight inches in diameter measured four feet above ground level, or for land development pursuant to but not prior to a building permit, approved subdivision and site plan.

§ 112-8 Performance bond.

[Amended 12-7-2015 by L.L. No. 7-2015]
The applicant shall be required to post a performance bond or money security deposit in an amount to be determined by the Planning Board, to be posted with the Village Clerk, to guarantee the satisfactory restoration of any state, county or Village roads or other public property which might be damaged as a result of the activities of the applicant in clearing, filling and grading pursuant to the terms of this chapter. In the event that the applicant fails or refuses to make the necessary repairs, the Village Board of Trustees shall forfeit the performance bond or money security deposit in order to underwrite the expense in making such repairs.

§ 112-9 Penalties for offenses.

[Amended 8-11-1997 by L.L. No. 4-1997]
The Board of Trustees may impose a fine in the amount not to exceed 150% of the village's actual costs incurred in correcting the conditions caused by noncompliance with this chapter, including consequential damages paid by the village. This fine shall be imposed in place of the penalties provided for in Chapter 254, Zoning. The fine of 150% shall be of the total costs to the village, regardless of any and all reimbursement to the village by the applicant to cover those initial cost estimates. In addition, a violation of this chapter shall be punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment.