[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 11-5-73 by L.L. No. 2-1973. Sections 132-8 and 132-9 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
This chapter shall be known as the "Village
of Ardsley Landfilling Law."
Dumping and deposit of refuse, rubbish, dirt,
waste materials and other objects and substances is absolutely prohibited
in any and all parts of the village and/or streets or highways therein,
or in any of the streams, tributaries, lakes, bays or waterways, within
or bordering upon the Village of Ardsley, except as otherwise provided
herein. In no event shall landfill be used of a quality which violates
the laws of the State of New York or of the County of Westchester.
A.
Dumping for the purpose of filling to establish grades may be done in any case where a building permit has been issued for the construction of a building or structure upon submission of plans to the Superintendent of Buildings in accordance with § 64-15 of the Code of the Village of Ardsley, provided that such plans contain a statement of the applicant's intentions with regard to the approximate location and dimensions of the site or sites of such proposed landfill operations, the estimated cubic yardage and the nature of the fill proposed to be used in such landfill operations. No such dumping shall be permitted after the building or structure is completed except to establish final grades shown on plans previously filed, unless a permit therefor is issued pursuant to this chapter.
B.
Where no building permit has been issued, no dumping
for purposes of filling to establish grades shall be done unless the
owner of the property to be filled shall have been issued a permit
therefor by the Village Board, as hereinafter provided.
A.
The application for a permit to fill land shall be
made by the owner of the property to be filled, on forms furnished
by the Superintendent of Buildings.
B.
Each application shall be accompanied by a plot plan
drawn to scale, showing all existing and proposed finished grades,
the location of any streams, culverts or drainageways, all buildings,
public highways or private drives and the names and addresses of every
abutting landowner. Where he deems it necessary, the Superintendent
of Buildings may require such plot plan to be prepared by a licensed
engineer or land surveyor.
C.
Upon receipt of the application, the Superintendent
of Buildings shall inspect the premises and submit a written report
of the effect, if any, the proposed landfill will have on adjoining
properties, with particular attention to any drainage problems that
may occur.
D.
Upon presentation of the application, together with
necessary plans and the report of the Superintendent of Buildings,
the Village Board shall issue a permit if it shall find that:
(1)
The proposed filling will not interfere with proper
drainage of the subject property and surrounding lands and shall conform
to the drainage laws of the Village of Ardsley and County of Westchester.
(2)
The proposed filling will not adversely affect the
use and enjoyment of abutting properties, and the proposed grades
are consistent with the development and use of properties in the general
area.
(3)
The proposed filling will be accomplished in such
a manner as not to create any undue traffic hazard on any public highway
or endanger the lives or property of the neighboring property owners.
(4)
The material used in such filling will be suitable
for any proposed use of the land and will not be dangerous, obnoxious
or offensive to neighboring residents and properties.
(5)
If any of the proposed fill is within the right-of-way
of any town, county, village or state street or roadway, that a permit
for work within the highway limits has been issued by the appropriate
authority.
(6)
The proposal is reasonable and necessary; will not
endanger the health, safety and welfare of the people of the Village
of Ardsley; and will not cause unreasonable, uncontrolled or unnecessary
damage to the natural resources of the village, including soil, trees,
water, fish and aquatic resources. In acting on such an application,
the Village Board shall take into consideration natural landmarks,
glacial and other physical features, streams and their floodplains,
swamps, marshlands and other wetlands, unique biotic communities and
scenic or other areas of natural or ecological value.
E.
No dumping shall be permitted in any navigable waters
of the United States, State of New York or of the County of Westchester,
unless a permit therefor has been issued by the appropriate federal,
state or local agency. Upon the presentation of such necessary permit,
the Superintendent of Buildings shall issue a permit for such filling
and no reference to the Village Board shall be required.
F.
The Village Board may impose such conditions or requirements
upon the issuance of a permit as it deems necessary or proper to assure
faithful compliance with its laws and regulations, including a performance
bond in an amount not to exceed $500 for each 500 cubic yards of fill
in excess of the first 1,000 cubic yards used in connection with such
landfill operation; provided, however, that in no event shall such
bond be in an amount less than $5,000.
G.
No such landfill operation shall be made within 10
feet of any state or property line, nor unless adequate barricades
and/or retaining walls are erected and maintained and adequate provision
made for the prevention of flying dust.
All material dumped pursuant to a permit issued as herein provided must be leveled off as soon as deposited and when filling is completed shall be covered with at least one foot of clean earth within 30 days thereafter, except as otherwise provided by the Village Board with the issue of the permit. No landfill operations conducted pursuant to this chapter or Chapter 64 of this Code shall result in an increase in any grade which existed prior to the commencement of such landfill operation except where such proposed increase is indicated in the application for permit pursuant to this chapter or Chapter 64 of this Village Code. Embankments and banks that may be created as a result of such landfilling shall not exceed the original grade at the bank location or a grade of 1:1 [45°], whichever shall be less.
A.
The owner of the property to be filled shall be held
responsible by the village for all operations pursuant to the permit
issued. He shall be fully responsible for all actions by any contractor
or operator who shall dump or deposit fill on his property.
B.
No property owner shall permit, condone, accept or
suffer the deposit or dumping of dirt, rock or any other material
on property owned by him for any purpose unless a permit therefor
has been issued as provided herein, nor shall be permit the dumping
or depositing of any materials, objects or substances not specifically
authorized by his permit.
C.
The owner of the property to be filled shall be responsible
for cleaning and removing daily from any street, sidewalk, drainageway
or culvert, any debris, dirt, fill, runoff or other material that
may be deposited as a direct or indirect result of the landfilling
and/or associated hauling or grading operations.
Where the land has been filled to a depth greater
than five feet, the Building Department shall keep a permanent record
of such fill and the location thereof. Any person applying for a building
permit may request a search of such records to determine if there
has been any deep fill in the area of the proposed construction.
A permit issued pursuant to this chapter shall be valid for 90 days and may be renewed twice by the Superintendent of Buildings after a complete review of all plans and an examination of work, accomplished and proposed, provided that application is made at least 10 days prior to the expiration date of the permit, for an additional period of 90 days upon payment of an additional fee for each such renewal permit as indicated in Ch. A210, Fees.
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
