[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 2-10-2004 by L.L. No. 1-2004. Amendments noted where
applicable.]
The Village has determined that unregulated
filling and excavation has contributed to drainage problems within
the Village, and it has, therefore, been determined that excavation
and filling should be regulated to ensure that no further injury is
done to the environment.
A.
No opening, filling or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on at any property or under any street, highway. sidewalk, sidewalk area or public place in the Village of Harriman for any persons whatsoever, except as herein provided in § 96-3, until a written permit therefor has been duly issued as herein provided, in accordance with the procedures set forth herein, and all operations for which permits are issued shall be performed in compliance with the provisions of this chapter.
B.
Stripping of topsoil or other ground cover of more
than 10% of a lot area or 5,000 square feet, whichever is less in
area, shall be prohibited except in conjunction with the alteration
or construction of a structure for which a building permit shall have
been issued by the Village Building Inspector.
C.
No property shall receive fill, topsoil or otherwise
be modified as to grade and slope except in accordance with a permit
issued in accordance with this chapter.
Exemptions to this chapter are as follows:
The provisions of this chapter shall be applicable
to any and all operations being worked at the time this chapter shall
become effective. No operation shall be extended in area after the
effective date of this chapter without first securing a permit therefor
in accordance with the provisions of this chapter.
A.
Public utility companies making 12 applications or
more per year may, in lieu of the deposit hereinafter mentioned, deposit
with the Village Board its bond or a surety company bond approved
as to form, manner of execution and sufficiency by the Village Board
of the Village of Harriman, which bond shall be retained as security
for the faithful performance by the applicant of all the terms, agreements,
covenants and conditions of the permit on the applicant's part to
be done or performed. Said bond shall be in an amount to be determined
by the Village Engineer, but in no case shall the face amount of the
bond be less than $5,000.
B.
Public utility companies installing underground services
within the bounds of any street, highway, sidewalk area, right-of-way
or public place within the Village of Harriman shall, in addition
to the notice provisions of Article 36 of the General Business Law
of the State of New York, file a map showing the location of such
installations with the Building Inspector and Superintendent of Department
of Public Works.
Any city, village, town, public improvement
district or other municipality may, in lieu of making the cash deposit
hereinafter mentioned, file with the Building Inspector and Superintendent
of Department of Public Works a certified copy of a resolution duly
adopted by the governing board of such municipality or district, which
said resolution shall guarantee faithful performance by said municipality
or district of all the terms, agreements, covenants and conditions
as set forth in the permit. Said resolution shall be effective for
the remainder of the calendar year in which it is adopted.
In the event of an emergency or unforeseen happening,
to enter upon a Village road, street or right-of-way, or private property
for the purpose of making emergency repairs to any sewer, water pipe,
conduit or other underground or overhead structure, the person, firm,
corporation, public utility or municipal subdivision may do so forthwith,
provided that within 24 hours of the time of making such opening,
Sundays or holidays not included, proper application for a permit
is made therefor.
In any residence district, no operation authorized
under this chapter shall be permitted on Sundays or legal holidays,
nor before 7:00 a.m. or after 6:00 p.m. on other days. In any business
or industrial district, no operation authorized under this chapter
shall be conducted on Sunday, except where otherwise permitted by
law. The Building Inspector or Superintendent of Department of Public
Works, in his discretion, may vary or modify the application of this
provision as occasion and/or necessity may require.
Application for a permit under this chapter
shall be made to the Building Inspector in writing, in duplicate,
for each operation and shall contain or be accompanied by the following
information:
A.
The full name and address of the applicant.
B.
The full name and address of the owner or owners of
property in front of which the operation is to be performed.
C.
The location by street address, if any, of the property
in front of which the operation is to be performed and the Tax Map
designation of the same.
D.
A statement as to the proposed operation, indicating
the size and purpose thereof.
E.
A permit for filling, grading or excavation which
proposes a change in grade or elevation shall be supported by such
plans, reports and other information as may be reasonably required
by the Building Inspector and/or Village Engineer, not limited to
but including grading and drainage plans including two-foot contours,
which reports or plans shall, if requested, be certified to the Village
by a licensed engineer or landscape architect confirming that the
proposed activity will not have an adverse impact upon the drainage
within the Village.
No permit for an operation shall be issued by
the Building Inspector until the applicant therefor shall have first
paid by check or money order payable to the order of the Village of
Harriman, the following:
A.
A fee of $250 to cover the cost of issuing the permit and the supervision and the inspection of the operation done in connection therewith for the first 20 cubic yards of material to be excavated or removed or relocated. An additional deposit may be required to defray the cost of inspection by the Village Engineer as set forth below at Subsection C. Where filling is to be accomplished with material not customarily measured in cubic yards the Building Inspector shall be required to collect a fee in the manner of a building permit for construction or renovation based upon the estimated value or cost of the improvement.
B.
A deposit computed at the rate of $20 per square yard
of said surface to be disturbed. If and when machinery is to be used
in connection with an operation and there is the likelihood of damage
or injury to Village property, including but not limited to road surfaces,
curbing and sidewalks, a deposit of an additional amount may be required,
said additional amount to be determined by the Superintendent of Department
of Public Works, sufficient to insure the Village can restore any
damage sustained to public property.
C.
Any operation involving the removal, installation
or relocation of more than 20 cubic yards of material annually shall,
as a condition of the permit, provide the Village with a deposit and
such additional deposits as may be required from time to time to defray
costs of inspection by Village personnel. Said deposit shall be held
in escrow and any portion which remains unexpended at the conclusion
of the project shall be refunded to the depositor, who shall be responsible
for all costs notwithstanding the amount of the original deposit.
Amount. No permit for an operation under this
chapter shall be issued by the Building Inspector until the applicant
therefor shall have first placed on file with said Building Inspector,
without cost to the Village, satisfactory evidence of public liability
insurance in an amount of not less than $100,000 for any one person
and not less than $300,000 for any one accident, and of property damage
insurance in an amount of not less than $50,000 aggregate, and satisfactory
evidence that said insurance has been approved as to form, correctness
and adequacy by the Village Attorney, to insure the Village against
any loss, injury or damage arising out of the granting of the permit
or from any negligence of said applicant, his servants, agents or
employees in connection with said operation or with any and all work
related thereto.
A.
The area of any operation shall be restored with materials
equivalent to those excavated so that the excavated portion shall
be left in as good, substantial and permanent condition as before
the excavation, filling or other land disturbance.
B.
The restoration/reclamation shall be done under the
direction of the Village Building Inspector, Superintendent of Public
Works or Engineer who shall be designated at the time of the issue
of the permit. Restoration/reclamation shall be commenced immediately
upon termination of the permitted operation and shall be completed
within a reasonable time thereafter as determined at the time of the
issuance of the permit.
C.
Failure of the permittee to complete restoration or
reclamation in the time specified in the permit or within 30 days
following the termination of the permitted activities shall constitute
a default. Upon such default, the Village shall be authorized although
not obligated to utilize the deposit to undertake the necessary remedial
work. Any additional cost sustained by the Village shall be a lien
upon the real property covered by the permit and may be levied upon
said property in the manner of an unpaid assessment.
No work shall be commenced in connection with
an operation for which a permit has been granted under the provisions
of this chapter until the permittee shall have given written notice
of the issuance of such a permit at least 24 hours prior to the commencement
of such work to the owner or lessee of any pipes, conduits or other
structures laying upon, over or under the surface of the area wherein
the operation is to be performed pursuant to the permit issued hereunder,
or to the person, firm or corporation having the custody, control,
care or maintenance of said pipes, conduits or other structures lying
upon, over or under the surface of the area wherein the operation
is to be performed pursuant to the permit issued hereunder, or to
the person, firm or corporation having the custody, control, care
or maintenance of said pipes, conduits or other structures, and said
permittee shall file with the Building Inspector proof of the service
of said written notice herein referred to.
[Added 11-13-2007 by L.L. No. 5-2007]
A stormwater pollution prevention plan consistent with the requirements of Chapter 113B and Chapter 140, Article XIII, shall be required. The SWPPP shall meet the performance and design criteria and standards in Chapter 140, Article XIII. The approved erosion control permit shall be consistent with the provisions of Chapter 113B and Chapter 140, Article XIII.
