[HISTORY: Adopted by the Town Board of the
Town of Stony Point as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-9-1992 by L.L. No. 2-1992]
The Town Board of the Town of Stony Point has
taken cognizance of the concern of residents of the community for
control of unbridled rock processing in residential subdivisions and
other activities engaged in by the owners of residential property
not otherwise zoned for quarrying purposes. The Town Board, in response
to such concern, hereby enacts this particular article for the purpose
of regulating and controlling rock processing within the Town of Stony
Point so as to permit reasonable activity by developers and so as
to protect the rights of the residents who may be inconvenienced unnecessarily
by improper processing of rock within the jurisdiction of the Town
of Stony Point.
A.
No person, firm or corporation shall engage in or
cause to be engaged in any processing of rock within the Town of Stony
Point within a distance of 700 feet from any occupied residential
structure, and in no event unless a current permit from the New York
State Department of Environmental Conservation, the Rockland County
Board of Health and the Rockland County Soil and Water Conservation
District is produced for and physically delivered to the office of
the Building Inspector of the Town of Stony Point.
B.
All rock processing shall be performed in conformance
with the terms and conditions of the permits issued therefor by the
New York State Department of Environmental Conservation, the Rockland
County Board of Health and the Rockland County Soil and Water Conservation
District. The Building Inspector and/or the Town Engineer shall issue
a stop-work order and revoke any and all building permits, etc., in
connection with any construction activity when such is engaged in
contrary to the limitations and/or restrictions placed in such permits.
C.
Additionally, no processing of rock shall be engaged
in the course of the development of any residential subdivision after
the first certificate of occupancy is issued for any structure within
such subdivision unless such subdivision is sectionalized, and in
such case rock-processing equipment shall be used, maintained and
operated only in the most remote undeveloped section of said subdivision.
No rock processing shall be permitted in any section of a sectionalized
subdivision wherein a certificate of occupancy has been issued.
D.
Rock processing shall be engaged in only on Mondays
through Fridays between the hours of 9:00 a.m. and 5:00 p.m.
No stockpile of processed rock and/or other
material shall be stored in a manner whereby its height exceeds 20
feet from the ground.
All maintenance letters of credit shall be required
to be in full force and effect until all rock-processing equipment
and stockpiles are removed from the subdivision site.
[Amended 10-8-2013 by L.L. No. 3-2013]
No rock or other material shall be crushed or
processed on any site in a residential zone unless such rock or material
was excavated from the same site. In other words, no material shall
be transported from other locations to a residentially zoned site
under development for the purpose of being processed. No processed
rock or material shall be removed or transported from the development
site.
[Added 6-8-1999 by L.L. No. 7-1999]
Offenses against this article shall be punishable
by a fine not to exceed $1,000 or by imprisonment not to exceed one
year, or both.
[Adopted 6-13-1995 by L.L. No. 4-1995]
The existence of such excavated lands poses
a hazard to public safety in the Town of Stony Point. These lands
may become unsafe by reason of improper excavation, the elements and/or
general deterioration. The lands may need to be filled in or remediated
by the construction of a retaining wall and/or installation of a trough,
drain and/or other methods. The existence of such lands may cause
flooding, thereby creating a public hazard to the community. It is
the purpose of this article to provide for the safety, health, protection
and general welfare of persons and property in the Town of Stony Point.
All such lands are hereby declared to be illegal and shall be abated
and remediated in accordance with the procedures of this article.
This article shall be known as "Excavated Lands
of the Town of Stony Point."
A.
The Building Inspector shall inspect, examine or cause
to be examined any excavated lands located within the Town of Stony
Point which, for any cause, may now be or hereafter shall become dangerous
to the public or such lands which are reported as a hazard to the
public safety and shall report, in writing, to the Town Board his
findings and recommendations in regard to the remediation of such
lands and property.
B.
If the Building Inspector finds that there is actual
and immediate danger so as to endanger life, the Building Inspector
shall require that the lands be vacated forthwith and not be reoccupied
until the specified remediation is completed, inspected and approved
by the Building Inspector. The Building Inspector shall cause the
property to be posted as unsafe. Such notice shall remain posted until
the required remediation is completed. It shall be unlawful for any
person, firm or corporation or his or its agents or other servants
to remove such notice without written permission from the Building
Inspector or for any person to enter the land and property except
for the purpose of remediation. The Building Inspector may protect
the public by appropriate barricades or such other means as may be
necessary and, for this purpose, may close a public or private way.
The Town Board shall thereafter consider such
report and by resolution determine, if in its opinion the report so
warrants, that such land constitutes a hazard to public safety and
order its remediation, if the same can be safely remediated, and further
order that a notice be served in the matter as herein after provided
and further order the time within which the person served such notice
may commence the remediation by way of filling in the lands and/or
by the construction of a retaining wall, installation of troughs or
drains and/or by any other remedial measures.
The notice shall contain the following:
A.
The location and description of the property.
B.
A statement of the particulars by which the lands
are unsafe or dangerous.
C.
An order requiring that the lands be made safe by a certain time and date, which date shall be not less than 30 days from the date of service, except in emergency cases as described in § 98-16 hereof or unless the Building Inspector, in his or her sole discretion, shall grant a five-day extension necessary for the health, safety and welfare of the people of the town.
D.
A statement containing a date, time and place for
a hearing before the Town Board, which hearing date is to be scheduled
not less than 15 days from the date of service of the notice.
E.
A statement that, if the lands are not remediated
as specified, the Town Board is authorized to provide for its remediation
at the expense of the owner of the property and that all costs and
expenses incurred by the town in connection with the proceeding to
remediate the lands and property, including the costs and legal expenses,
shall be assessed against the property.
A.
The notice shall be served on the owner of record
of such lands and property or on one of the owner's executors, legal
representatives, agents, lessees or any other person having a vested
or contingent interest in the same, either personally or by certified
mail, addressed to the last known address and/or the address shown
on the last preceding assessment roll, if any, of the owner or one
of the owner's executors, legal representatives, agents, lessees or
any other person having a vested or contingent interest in the same,
as shown by the last preceding completed record of the Receiver of
Taxes and/or in the office of the County Clerk or County Registrar.
If such service is made by certified mail, a copy of such notice shall
be posted on the premises.
B.
If the owner or one of the owner's executors, legal representatives, agents, lessees or any other person having vested or contingent interest in the same cannot be found after the Town Board exercises due diligence to locate such person, the Town Board shall review the report of the Building Inspector and the notice and shall proceed as if there has been noncompliance as set forth in § 98-14 of this article.
C.
If directed against a corporation, it may be served
upon the corporation at its principal place of business, upon an agent
of the corporation within the town or upon the Secretary of State.
[Amended 1-9-1996 by L.L. No. 4-1996]
Such notice shall be filed in the office of
the County Clerk of the county within which such lands are located
and shall have the same effect as a notice of pendency as provided
for under the laws of the State of New York. A notice so filed shall
be effective for a period of one year from that date of filing; provided,
however, that it may be vacated upon the order of a Judge or Justice
of the court of record or upon written consent of the Town Attorney.
[Amended 1-9-1996 by L.L. No. 4-1996]
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after hearing, as provided in § 98-11D, the town shall provide for the remediation of the land and property by town employees or by contract. Except in an emergency as provided in § 98-16 hereof, any contract for remediation of land and property shall be in accordance with the current law for bidding practices in the Town of Stony Point.
All expenses incurred by the town in connection
with the remediation of the land and property, including the cost
and legal expenses, shall be assessed against the lands. The owner
of such property shall be served personally or by certified mail,
at the last known address and/or address shown on the last preceding
assessment roll, a written notice stating that at a time and place
specified therein, such costs will be assessed against the property.
Such notice shall be served at least eight days previous to the time
specified therein. If directed against a corporation, it may be served
upon the corporation at its principal place of business, upon an agent
of the corporation within the town or upon the Secretary of State.
The notice served upon the Secretary of State should be served at
least 12 days previous to the time specified therein. At the time
and place so specified, the Town Board should hear the parties interested
and shall thereupon complete the assessment, stating therein the name
of each owner in the amounts so assessed, and shall return such assessment
to the Town Clerk, who shall present the same to the Town Board. Such
Town Board shall certify such assessment and cause the amount stated
therein to be levied against such property, and any uncollected assessment
shall be a lien upon the land affected. Such amounts shall be levied
and collected at the same time and in the same manner as other town
taxes and shall be paid to the town to be applied in reimbursing the
funds from which such costs are defrayed.
A.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless the unsafe lands are immediately remediated, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the remediation, and the expense of such remediation, including legal expenses, shall be assessed, levied and collected as provided by § 98-15.
B.
In cases of emergency which, in the opinion of the Building Inspector, involve imminent danger to human life or health, the Building Inspector may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way. The expenses of such action shall be a charge against the land and property and shall be assessed, levied and collected as provided by § 98-15.
[Amended 6-8-1999 by L.L. No. 7-1999; 4-26-2022 by L.L. No. 2-2022]
Offenses against this article shall be punishable
by a fine not to exceed $10,000 or by imprisonment not to exceed one
year, or both.
