[HISTORY: Adopted by the Board of Trustees of the Village of Hudson Falls 10-1-1990 by L.L. No. 4-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 72.
Stormwater management; erosion and sediment control — See Ch. 171.
Street excavations — See Ch. 174, Art. II.
Subdivision of land — See Ch. 178.
No person shall excavate, remove topsoil or alter topography, for any purpose other than the construction of a permitted building or structure or part thereof or an appurtenant driveway or walk, without a permit therefor issued by the Building Inspector. No permit shall be issued for the construction of a building or structure for which excavation, topsoil removal or topography alteration is required until a permit shall have been issued as authorized by this chapter; provided, however, that where such construction is, pursuant to a subdivision plan, approved by the Planning Board of the Village of Hudson Falls, such permit for excavation, topsoil removal or topographical alteration shall be issued by said Planning Board.
A. 
No permit for excavation, soil removal or topography alteration shall be issued except upon the submission of evidence satisfactory to the issuing authority and upon its finding and determination based upon such evidence that the proposed excavation, soil removal or topographical alteration will not cause erosion or otherwise disturb or adversely affect natural drainage, dunes, creeks or other bodies, sources or supplies of water, both surface and ground, adjacent or nearby flora, fauna or other vegetation. In determining the sufficiency of evidence hereunder, proof of compliance with standards promulgated by the United States Department of Agriculture, Soils Conservation Services, and by the New York State Department of Environmental Conservation, or their successor agencies, and with subdivision regulations adopted by the Planning Board of the Village of Hudson Falls may be deemed evidence sufficient to support the issuance of a permit hereunder.
B. 
No permit for excavation, soil removal or topography alteration for the purpose of constructing a privately owned water or sewage system shall be issued except upon the submission of evidence satisfactory to the issuing authority and upon its own finding and determination based upon such evidence that the proposed construction complies with all standards and requirements appertaining thereto promulgated by the New York State Department of Environmental Conservation and the United States Department of Agriculture, Soils Conservation Services, or their successor agencies. The evidence so submitted shall be in addition to the evidence required by Subsection A hereof.
[Amended 3-16-1992 by L.L. No. 4-1992]
No person owning land upon which any excavation has been made and no person who has excavated or caused the excavation of any lands shall permit any such excavation or any part thereof unoccupied by any building or structure or part thereof to remain unfilled to grade level and unseeded after the expiration of the permit period. No owner or occupier of land from which topsoil has been removed and no person who has removed or caused the removal of such topsoil shall allow the area from which topsoil has been removed to remain uncovered. Such area shall be covered by other soil or fill and shall be seeded so as to provide an effective cover crop within the first growing season following such soil removal.
[Amended 3-16-1992 by L.L. No. 4-1992; 8-14-2000 by L.L. No. 9-2000; 10-12-2004 by L.L. No. 6-2004]
Any person who shall be convicted of violating or failing to comply with the provisions of this chapter shall be punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of three years, punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not to exceed 30 days, or both; and upon conviction for a third offense or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $750 or imprisonment for a period not to exceed 60 days, or both. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.