[Amended 1-22-2013 by L.L. No. 1-2013]
Excavations not involving removal of fill or other material from the premises in excess of 40 cubic yards or removal of topsoil from an area of 4,000 square feet or more and filling operations shall be unlawful without a permit for the purpose granted in accordance with the provisions of §§ 190-12 through 190-14, which permit shall either be a minor excavation or fill permit issued by the Building Inspector or a permit issued by the Planning Board as a special permit.
[Amended 1-22-2013 by L.L. No. 1-2013]
Each application for issuance of a permit under this article shall be made on the same form and in the same manner as an application for permit under Article II hereof, with such changes therein as may be required by the following modifications of those provisions.
A.
All applications shall be made to the Building Inspector. If the amount of fill to be excavated and removed from the premises or brought onto the premises from outside the boundaries thereof does not exceed 40 cubic yards, or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in § 190-2], or if the amount of topsoil to be moved is less than 4,000 square feet, the Building Inspector may, in his discretion, either issue a minor excavation or fill permit or refer the matter to the Planning Board for consideration of the issuance of a permit. In all other cases, the Building Inspector shall refer the matter to the Planning Board for consideration of the issuance of a permit.
B.
In the discretion of the Building Inspector, if the volume of the material to be excavated or fill deposited or placed on the premises shall not exceed 40 cubic yards if the excavated material is to be removed from the premises or fill is to be brought onto the premises from outside the boundaries thereof or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in § 190-2] or, if topsoil is to be removed, the amount thereof is less than 4,000 square feet, the requirements that a licensed engineer, registered architect, or land surveyor present the material listed in § 190-4E may be eliminated, but the same basic information shall be required from the applicant.
[Amended 1-22-2013 by L.L. No. 1-2013]
Where application has been made for a building permit under the provisions of Chapter 450, Zoning, and the documents submitted with that application show that, as an incident to the construction, fill is to be deposited, moved or placed on the premises or fill or material is to be excavated or topsoil moved in an amount not exceeding 40 cubic yards if the excavated material is to be removed from the premises or fill is to be brought onto the premises from outside the boundaries thereof or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in § 190-2] or, if topsoil is to be removed, the amount thereof is less than 4,000 square feet, such application for a building permit shall, without the payment of any additional fee, be considered an application under this Article III for a minor excavation or fill permit, and the pertinent provisions hereof shall be applicable thereto, including the reference of the application to the Planning Board and the payment of an additional fee in connection therewith, in an amount set by resolution of the Board of Trustees, if the Building Inspector, in his discretion, determines that the application shall be considered by the Planning Board.
The application shall be accompanied by a filing fee in an amount
set by resolution of the Board of Trustees.[1]
[Amended 1-22-2013 by L.L. No. 1-2013]
The provisions of §§ 190-6 and 190-7 of Article II shall be applicable in the event that the volume of material to be excavated, fill deposited or topsoil removed shall exceed 40 cubic yards if the excavated material is to be removed from the premises or fill is to be brought onto the premises from outside the boundaries thereof or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in § 190-2] or, if topsoil is to be removed, the amount thereof is less than 4,000 square feet and in such other cases as, in the discretion of the Building Inspector and/or Planning Board, bond is required.
A.
The operations under a permit granted pursuant to the provisions of this Article III shall be subject to the following conditions:
(1)
No excavation shall be made below the grade of surrounding property
to a depth greater than three 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.
(2)
All excavations and all conformations resulting from filling or grading
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.
(3)
No excavation shall be made nor shall any filling operation be conducted
which results in the deposit of topsoil, earth, sand, gravel, rock
or other substance upon or shall interfere with any natural watercourse
on or the natural drainage of the property, and, at the termination
of the permit, the premises shall be roughly graded and, if necessary,
other provisions made of a permanent nature so that the natural drainage
shall be fully restored.
(4)
No filling operation shall be conducted within a horizontal distance
of 10 feet of any public road or highway which raises the level of
the filled land above the grade of the public road or highway nor
within a horizontal distance of 10 feet of adjoining boundary lines
of other owners which raises the level of the filled property above
that of the adjoining owners without the consent of the Planning Board.
(5)
There shall be no interference with existing drainage, nor shall
the filling operation divert or cause water to collect on the property
of others or interfere with or overload any existing or planned drainage
facilities of the Village, endanger any road, street or highway within
the limits of the Village or produce or enlarge areas from which water
will not drain, and provision shall be made for the temporary drainage
of the property during the filling operation and for the restoration
of permanent drainage to be effective upon completion of the operation.
(6)
The filled or excavated portion shall be seeded with a mixture of
rye and clover or, in appropriate cases, lawn grasses sufficient to
stabilize the soil and shall be graded to the level of and in relation
to the contour of adjoining property.
(7)
Such conditions as the Planning Board may deem appropriate as to
the time in which the work is to be completed.
B.
The Planning Board retains the power to impose additional conditions
during the term of the permit if, in its opinion or in the opinion
of the Building Inspector, additional conditions are necessary.
Except for a minor excavation or fill permit in connection with a building permit, as provided for in § 190-13 of this article, which shall be coextensive with the building permit, permits under this Article III shall be for a period of no longer than three months or such shorter period as may be prescribed by the Building Inspector or the Planning Board, as the case may be, with a view to having substantially continuous operations covered by the permit. The permit may be renewed by the Building Inspector or, if granted by the Planning Board, without hearing for a single additional period of three months, upon presentation of reasons deemed sufficient by the Building Inspector or Planning Board as to why the work could not be completed during the original period.
