Within the Village there shall be no removal of live trees having
a trunk girth of more than 25 inches at a point three feet above grade
nor dredging, filling, excavating, disturbing or removing earth, loam,
topsoil, sand, gravel, clay, stone or sod for removal from, placement
on or for use upon the premises on which the same shall occur, except
the removal of live trees, excavating and backfilling in connection
with the bona fide construction or alteration of a building in such
premises for which a building permit has been issued by the Building
Inspector or except in connection with the construction of improvements
and changing of contours for roads and drainage in accordance with
subdivision plans and contour maps formally approved by the Village
Planning Board for such premises or except for landscaping, normal
grounds maintenance or agricultural gardening, farming or horticultural
activities or except for which the Board of Trustees shall have granted
a special permit authorizing such cutting of trees, dredging, filling,
excavating or removing upon the conditions hereinafter specified.
Before any special permit shall be granted, a written application
shall be submitted to the Board of Trustees, together with maps and
plans showing the following:
A. A complete description of the proposed work, including the number,
size and location of live trees to be cut down or the amount of material
to be dredged, filled, excavated, removed, deposited or moved, and
the proposed disposition thereof.
B. The location and dimensions of the affected premises, including the
area to be dredged, filled or excavated.
C. Existing contour lines on the premises and the proposed contour lines
resulting from the intended dredging, filling or excavating, shown
on a map drawn to a scale not less than 100 feet to the inch and with
a contour interval not to exceed two feet.
D. The existing and proposed drainage on the premises.
E. The surrounding properties and streets.
F. The proposed truck access to the property for any material to be
moved over existing streets within the Village.
The Board of Trustees may grant a special permit for a limited
period of time, not exceeding one year, if it shall find that the
proposed removal of live trees, dredging, filling, excavating or removing
will not result in the creation of any sharp declivities, pits or
depressions, will not tend to result in soil erosion, fertility problems,
erosion, storm damage, flooding or pollution, will not cause depressed
land values, will not destroy the ecological value of wetlands or
create any drainage or sewerage problems or other conditions which
would impair the use of the property in accordance with the Village's
Zoning Ordinance or Subdivision Rules and Regulations or which would cause any damage to private or public property
within the Village and that such removal of live trees, excavation,
removal, dredging, filling, excavating or removing will be in harmony
with the general purpose and intent of the Village's Zoning Ordinance
or Subdivision Rules and Regulations. A permit shall be granted only
upon the following conditions and in accordance with the Subdivision
Rules and Regulations.
A. The premises shall be filled, dredged, excavated and graded in conformity
with the proposed contour plan, as approved.
B. Slopes shall not exceed a ratio to two vertical feet to four horizontal
feet.
C. No fixed or movable machinery shall be erected or maintained within
100 feet of any property or street line, and no buildings shall be
erected on the premises except temporary shelters for machinery and
field offices.
D. There will be no sharp declivities, pits or depressions, and proper
drainage will be provided to avoid stagnant water.
E. After dredging, filling, excavating or removing, the premises shall
be cleared of debris.
F. Where applicable, the top layer of arable soil, for a depth of six
inches, shall be set aside and retained on the premises and shall
be respread over the premises upon completion of the dredging, filling,
excavating or removing, in accordance with approved contour lines.
Trees, shrubs, brush, sod and other flora shall be replaced to the
extent and within such time limitation as may be required by the Board
of Trustees.
G. The applicant shall deposit or file with the Village an appropriate
amount of cash or, if said Board permits, a performance bond in form
and with surety acceptable to the Board, in such amount as the Board
shall deem sufficient to insure the faithful performance of the work
to be undertaken pursuant to the conditions of approval and to insure
repairs to any streets, public or private, or any public property
damaged by trucks or other machinery using the same for access to
and from the premises being dredged, filled or excavated.
In addition to and in furtherance of the exceptions noted in §
55-2 hereof, this chapter shall not be deemed to prevent:
A. The usual landscaping, gardening and maintenance of lawns of private
residences and commercial structures.
B. Bona fide farming operations.
C. The cutting down of dead trees and branches.