[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport 2-24-1988
by L.L. No. 1-1988. Amendments noted where applicable.]
No excavation, removal or storage of earth, sand, gravel, rock, topsoil
or other similar material (excluding wood), other than excavation, removal
or storage necessary in connection with the construction of buildings, structures,
retaining walls, fences, private drives, parking lots, public improvements
and public or private utilities, shall be commenced in the Village of Weedsport,
except in conformity with the provisions of this chapter.
Before the excavation, removal or storage of any of the materials mentioned in § 67-1, the owner or lessee of such premises or tract of land shall obtain a written permit therefor, to be issued by the Village Clerk of the Village of Weedsport, upon the authorization of the Village Board in its discretion, after a written request has been filed by the owner or lessee, or his agent, as hereinafter provided.
A.
The applicant shall file with the Village Clerk of the
Village of Weedsport an application, in duplicate, together with a comprehensive
plan drawn to a scale of one inch to 100 feet, setting forth in detail:
(1)
Location of premises and location and extent of the proposed
excavation.
(2)
Exact conditions, profiles and cross sections of premises
before excavation and those proposed after excavation.
(3)
Drainage systems to be installed to insure proper surface
drainage during and after completion of the work.
(4)
Grades of all creeks or drainage ditches at fifty-foot
intervals for a minimum distance of 500 feet beyond the parcel of land covered
by the permit.
(5)
Location of all existing buildings on said premises.
(6)
Elevations at intervals of 50 feet.
(7)
Proposed surface texture or ground cover after excavation.
B.
All drawings shall show all existing utilities adjacent to and
on the said premises and show proposed protection or treatment thereof.
C.
Such plans must be prepared by an engineer or land surveyor
duly licensed to practice in the State of New York. Corner posts shall be
set designating the land area involved. Such posts shall have a sign affixed
thereto, 24 inches in length by 12 inches in height, containing the name of
the person to whom the permit has been issued, the permit number and a statement
of the month of issue. The top of such corner posts shall be at least four
feet above ground level and placed in position by the licensed engineer or
surveyor at the time of the original survey. These posts shall be maintained
in their exact positions throughout the entire operation to aid in the inspection
of the area to which the permit relates by all interested persons. In the
event such posts are not in place, said permit shall be subject to revocation
at the discretion of the Village Board until such time as they have been placed
in exact position.
No such excavation or stockpiles arising therefrom shall be made within
50 feet of the right-of-way of any public road, street, highway or public
area or within 50 feet of any property line of adjoining land unless written
consent of the adjoining property owner shall be first obtained and a duplicate
or original copy attached to the application.
B.
The surface of all excavated or disturbed areas shall
have a positive slope to existing drainage facilities, and the surface texture
of all such areas shall be of such a nature as to prevent erosion of the surface
after all excavation has been performed and completed. The proposed grading
and slope and the necessary auxiliary appurtenances shall provide adequate
drainage to existing Village facilities as shall be approved by the Village
Board before removal operations are commenced.
Before the issuance of the permit, the applicant or the record owner
of the premises or tract of land shall deliver to the Village Clerk a bond
executed by a surety corporation authorized to do business in the State of
New York, in a sum equal to $200 for each acre or fractional part thereof
covered by the permit, which bond shall be approved by the Village Board and
which bond shall guarantee faithful performance of the work in accordance
with this chapter and all ordinances, laws or regulations of the Village of
Weedsport and the plans and specifications filed with the application for
the permit.
The Village Clerk of the Village of Weedsport shall charge and collect
a fee in an amount as set from time to time by resolution of the Board of
Trustees per acre or fractional part thereof for the aforesaid permit, which
permit shall expire one year from date of issuance. Upon written application
and the further payment of fees at the rate as set from time to time by resolution
of the Board of Trustees, the Village Board may extend said permit for periods
of one additional year.
Nothing herein contained shall require a person to obtain a permit for,
or prevent the moving of, the herein above-mentioned materials from one part
of his premises or tract of land to another part of the same premises or tract
of land when such is necessary for regrading or improvement of said land;
provided, however, that any person engaged in the development of areas known
as "subdivisions" within the Village of Weedsport and moving topsoil to correct
grades shall replace topsoil so moved to the same depth as existed thereon
prior thereto. Nothing herein contained shall prevent a cemetery from excavating
for a grave, headstone or monument and removing or storing the surplus dirt
or material resulting from such excavation.
As used in this chapter, the following terms shall have the meanings
indicated:
All individuals operating as sole proprietors, partnerships, firms,
associations or corporations.
Notwithstanding any other provision of this chapter, any excavation
made within the Village of Weedsport which shall affect drainage facilities,
water mains, sewer lines or streets shall be subject to the approval of the
Code Enforcement Officer, and no surface water or stormwater shall be discharged
directly to municipal facilities or drainage systems without the aforesaid
approval.
A violation of this chapter or of any provision or part by any person, firm, or corporation is hereby declared to be an offense punishable as set forth in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violation of this chapter, or any provision or part thereof, shall be deemed a misdemeanor, and for such purpose only all provision of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation. Notwithstanding the penalties herein provided, the Village of Weedsport may enforce obedience to this chapter or any part thereof by injunction to restrain the violation thereof.
Where there are practical difficulties or unnecessary hardships in the
way of carrying out the strict letter of this chapter, the Zoning Board of
Appeals of the Village of Weedsport shall have the power in passing upon the
application required herein to vary or modify any of the regulations or provisions
contained herein so that the spirit of this chapter shall be observed and
public safety and welfare secured.
