Excavation of land, removal of trees or stripping of topsoil as defined in § 190-2 above, subject to the exceptions therein set forth, where fill or other material is to be removed from the premises, shall be unlawful without a permit for the purpose granted in accordance with the provisions of § 190-4 through 190-9, which permit shall be a permit issued by the Planning Board as a special permit.
Each application for an excavation permit or site plan approval
shall contain the specific location of all live trees six inches in
diameter or larger, measured at a point three feet above existing
ground level, prior to regrading the area and along the twenty-five-foot-wide
boundary strip around the grading area, with a note for each tree
indicating removal or not. Each application shall be on a form prepared
by the Building Inspector, shall be filed in triplicate, shall be
signed by the owner or lessee or agent of either or by the building
contractor, engineer or architect employed in connection with the
proposed work, and shall contain or shall be accompanied by the following:
A.
The name and address of the property affected.
B.
A description of the property in sufficient detail to identify the
same.
C.
The name and address of the person or corporation who or which will
carry out the operation.
D.
A description of the proposed operation; the extent, in three dimensions,
of the proposed excavation; the volume of material proposed to be
removed; and the condition of the premises before the commencement
of and the proposed condition of the premises after the completion
of the proposed operation.
E.
A site plan, prepared by a licensed engineer, registered architect,
or land surveyor, drawn to scale, showing the location and dimension
of the premises to a point 10 feet beyond the boundaries thereof and
showing existing and proposed contours at five-foot levels, showing
distances from street or highway lines, distances from boundary lines
of other owners, the proposed location, size and use of any existing
buildings thereon and cross sections and elevations appropriate to
indicate the effect of the operation upon the contour and grade of
the premises and upon the relationship in contour and grade between
the affected portion of the premises and the remainder of such property
and any abutting land and highways after completion of the operation;
provided, however, the Building Inspector shall have the right to
waive the necessity of furnishing a topographic map.
F.
A duly acknowledged written consent of the owner and mortgagee, if
any, of the premises to the proposed operation.
G.
Certificates of the Village Treasurer and the Receiver of Taxes of
the town showing payment of all taxes and assessments to date against
the premises.
H.
A certificate of the project engineer approving the proposed site plan and stating that the proposed operation and the finished grades of the premises after the completion thereof will not interfere with or overload any existing or planned drainage facilities of the Village and will not cause erosion or other problems, will not cause water to accumulate and will not result in the outpouring of water or otherwise have an adverse effect on any thoroughfares or on the lateral stability or drainage of adjoining properties, and is not contrary to the policy of § 190-1 above.
The application shall be accompanied by a filing fee in an amount
set by resolution of the Board of Trustees.[1]
Before issuing any permit under this article, the Planning Board
shall require the applicant to file with the Village a suitable surety
bond, payable to the Village, in an amount fixed by the Building Inspector
and in a form approved by the Village Attorney, with a surety company
as surety and conditioned upon the faithful performance of the conditions
contained in this article, the observance of all municipal laws and
performance of conditions imposed in connection with the granting
of the permit to indemnify the Village for any damages to Village
property and to cover the cost to the Village of completing the work
in accordance with the approved grading or restoring the premises
and/or the replacing of topsoil and reseeding in the event that the
applicant fails to do so. In lieu of such bond, a deposit of cash
or negotiable securities may be made with the Village Clerk upon the
same conditions.
A.
Any surety bond filed or deposit made in accordance with the foregoing
shall be released when there shall have been filed with the Building
Inspector a certificate from the project engineer to the effect that,
in all respects, the work proposed under the approved plan has been
satisfactorily completed in full compliance with all provisions of
this chapter.
B.
If no such certificate shall have been filed within 60 days after
completion of the operation or the end of the period for reseeding
provided for pursuant to this chapter, whichever is later, the bond
or the deposit shall be forfeited, and the Village shall be entitled
to the full amount thereof for the purpose of complying with the provisions
of this chapter.
A.
The operations
under a permit granted pursuant to the provisions of this chapter
shall be subject to the following conditions:
(1)
No excavation shall be made within a horizontal distance of 10 feet
of any public road or highway or within a horizontal distance of 10
feet of any adjoining boundary line of other owners without the consent
of the Planning Board.
(2)
No excavation shall be made below the grade of surrounding property
to a depth greater than two feet, unless the excavation is properly
guarded and protected by a substantial fence of proper height and
strength which will prevent children from climbing over such fence
and with gates, which gates shall be locked at all times when the
property is not being worked.
(3)
All excavations and all conformations resulting from grading or filling
operations shall be drained so that water or pools gathering in the
bottom of such excavations shall not be greater in depth than one
foot.
(4)
The excavated portions shall be refilled with clean, nonburning fill
containing no garbage, refuse or deleterious matter and shall be graded
to the level of the adjoining property and shall be reseeded with
a mixture of rye and clover sufficient to stabilize the soil.
(5)
In the case of a permit for the removal of topsoil, at least two
inches of topsoil shall be left upon the surface from which topsoil
has been removed, and the area from which said topsoil has been taken
shall be reseeded with a mixture of rye and clover sufficient to stabilize
the soil.
(6)
Processing of any kind or the erection or use of any structure, such
as, but not limited to, hoppers, strainers, washers, crushers or sheds,
shall be deemed to be a commercial use; provided, however, that where
a permit has been issued under this chapter, power equipment for the
purpose of excavation and loading shall be allowed.
(7)
No operations shall be permitted on Sundays or legal holidays nor
before 8:00 a.m. or after 6:00 p.m. on other days.
(8)
No excavation slope shall be cut in excess of the permanent stable
slope of the soil involved, and the exposed slope shall be required
to be seeded or protected by other means to prevent its subsequent
erosion. In the event of any dispute as to the stability of the slope,
the determination of the Building Inspector shall be conclusive.
(9)
Dust down or similar dust layer shall be spread on access roads and
any traveled areas used in connection with any work under this chapter
to protect the public and surrounding area against windblown sand
and dust.
(10)
No removal of earth from the ground shall be made so as to prevent
or interfere with the orderly development of residential, business,
manufacturing or public purposes or other land in the vicinity or
so as to render unreasonable delay in travel from place to place or
to render unduly difficult or to substantially increase the cost of
the installation of public utilities or other public services or so
as to substantially depreciate the value of property in the vicinity.
(11)
No stripping of topsoil or tree removal shall be made within
10 feet of any property line unless permitted by the Planning Board.
Permits by the Planning Board shall take into consideration the intent
of this chapter regarding the replacement of topsoil and the restoration,
reseeding and stabilization of the land.
(12)
Such conditions as the Planning Board may deem appropriate as
to the time in which the work is to be completed.
B.
The Board retains the power to impose additional conditions during
the terms of the permit if in its opinion or in the opinion of the
Building Inspector additional conditions are necessary.
Permits under this article shall be for a period of no longer
than one year or such shorter period as may be prescribed by the Planning
Board with a view to having substantially continuous operations in
connection with the excavation covered by the permit, subject only
to interruption of work caused by seasonal conditions, such permits
to be subject to termination if work is interrupted for a period of
more than 60 days due to causes other than the weather or other seasonal
conditions. Where work under the initial or renewal permit issued
under this chapter has been pursued with reasonable diligence, a renewal
permit may be issued without a new application upon payment of a fee
in an amount set by resolution of the Board of Trustees, provided
that the required bond or cash deposit shall remain in force and that
the other requirements in connection with the application are currently
up to date.
Excavation involving the removal from the premises of fewer than 40 cubic yards of fill or other material or the removal of topsoil from an area less than 4,000 square feet shall be governed by the provisions of Article III.
