City of Peekskill, NY Soil Removal and Excavations

The Common Council of the City of Peekskill, in order to provide for the proper use of land in the City and to mitigate the dangers caused by soil erosion, filling operations, excavations in the ground, sand and gravel excavation, the removal of trees, the stripping of soil and alteration to the natural contour of earth as it presently exists in the City, thereby resulting in detriment to the health, welfare and safety of persons and property in the City, the depletion of trees, soil and natural vegetative cover and the depreciation in value of and physical damage to properties adjacent to such dangers, hereby enacts this Soil and Excavation Ordinance.

§ 480-2 Declaration of policy.

It is hereby declared to be the policy of the Common Council of the City of Peekskill to provide for the proper use of land and to regulate or prohibit excavation, removal of materials from, filling up, draining, cleaning, operating and using any land, whether for commercial or noncommercial purposes, in a manner which:

Tends to create hazardous or dangerous conditions by creating pits, holes or hollows in the earth, by creating or leaving unprotected banks or ledges of exposed earth or by permitting or creating conditions which cause the collection of water.

Impairs the usefulness of the property involved or any surrounding properties, fails to take into consideration the relation of residential and commercial areas and the contouring of land with relation to remaining portions of the land affected or neighboring areas, and tends to reduce the value of the property in question or other property in the City.

Causes soil erosion which depletes the land of vegetative cover and supply of organic material and results or tends to result in the washing of the soil, erosion or interference with normal drainage.

Diverts or causes water to collect on the property of others, interferes with or overloads any existing or planned drainage facilities of the City, causes unnatural runoff or results in the collection of pools of water, with the possibility of health and safety hazards or the lowering of value of the property affected.

§ 480-3 Definitions and word usage.

Referral to Zoning Ordinance. For the purpose of this chapter, all terms and words used herein shall be used, interpreted and defined as set forth in the 1977 Zoning Ordinance of the City of Peekskill.[1]

[1]

Editor's Note: See Ch. 575, Zoning.

As used in this chapter, the following terms shall have the meanings indicated:

ESCROW

A deposit of cash with the City in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the City of Peekskill in a separate account.

EXCAVATION

Any digging extending below the level of the natural contour of the land, including but not limited to soil, sand, gravel, mineral or other excavation of any kind.

FILLING

Any depositing of soil, sand, gravel or other material above the natural contour of the land.

SOIL

A natural body of mineral and organic constituents.

§ 480-4 Exemptions.

The following properties and uses shall be exempt from the provisions of this chapter:

Any excavation incident to public highway construction or maintenance.

Any removal of vegetation or soil (not amounting to an excavation), or planting of same, incident to the business of operating a nursery, farm or sod farm.

A single parcel of property located in a residential zoning district which is owned and occupied by the same family unit and which is incapable of being further subdivided into two or more valid conforming lots pursuant to the Zoning Ordinance for the district in which the property is located, provided that the Director of Public Works determines that there is no existing or potential danger to adjoining properties by virtue of fill or excavation operations.

[Amended 6-24-2019 by L.L. No. 3-2019]

Any excavating operation in which fill or other material is removed from the premises where a building permit shall have been duly issued, provided that the excavation is limited to not more than four feet below original ground level and not more than 50 yards of material is to be removed or as determined by the Director of Public Works in area and bulk to that strictly essential for and limited to the extent of the foundation, walls and basement of such building or for the construction of a wall, driveway, sidewalk, swimming pool, service connections or other structure or underground tank, and which, excluding from consideration soil removed which is actually replaced by a basement foundation, wall, swimming pool, tank or other underground structure, does not involve any change in the existing grade and contour.

[Amended 6-24-2019 by L.L. No. 3-2019]

Any excavation or filling operation in connection with a subdivision or site plan which has been duly approved by the Director of Public Works and Planning Commission and which makes specific provision for grading, contouring and drainage in the manner deemed by the Planning Commission appropriate to carry out the declaration of policy set forth in § 480-2.

[Amended 6-24-2019 by L.L. No. 3-2019]

§ 480-5 Deposit of trees, debris and waste.

[Amended 6-24-2019 by L.L. No. 3-2019]

No cut trees, timber, debris, rocks, stones, junk, rubbish or other waste materials of any kind shall be buried in any land or left deposited on any lot or street except as approved by the Director of Public Works upon site inspection. If a building permit has been previously issued for premises, no certificate of occupancy shall be issued unless the conditions described above, which are not approved by the Director of Public Works, have been remedied, nor shall any building permit or certificate of occupancy in the same subdivision be issued until the conditions described, unless approved, also have been remedied.

§ 480-6 Permit required; application procedure; issuance.

[Amended 6-24-2019 by L.L. No. 3-2019]

General. Prior to commencing any excavation or continuing any existing excavation or the moving or removing of soil for any purpose other than those excepted under the provisions of § 480-4 of this chapter, the owner or his duly constituted agent of any premises subject to the provisions of this chapter must obtain a soil and excavation permit therefor from the Director of Public Works.

Application for permit. Each application for issuance of a permit under this chapter shall be on a form prepared by the Director of Public Works, shall be filed in duplicate, 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 be verified and shall contain or shall be accompanied by the following:

(1)

The name and address of the property affected.

(2)

A description of the property in sufficient detail to identify the same, and a statement as to the zoning district in which the property is located, and a statement that the use in question is permitted in such district.

(3)

The name and address of the person or corporation who will carry out the operation.

(4)

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.

(5)

A site plan, prepared by a licensed engineer, architect or land surveyor, drawn to scale, showing the location and dimension of the premises to a point 25 feet beyond the boundaries thereof and showing existing and proposed contours at two-foot intervals, referred to City of Peekskill datum or Westchester County datum (bench marks available); showing distances from street or highway lines, distances from boundary lines of other owners, the proposed location, size and use of any existing building 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.

(6)

A duly acknowledged written consent of the owner and mortgagee, if any, of the premises to the proposed operation.

(7)

A certificate of the applicant's 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 City 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 are not contrary to the policy of § 480-2 herein.

(8)

The manner in which the work is proposed to be done and the material and methods to be used for proper dust control.

(9)

The period of time to complete such work, including restoration, rehabilitation, filling of pits, excavations and other depressions in the earth caused by excavation operations and all other types of removal operations, which in no event shall exceed one year.

(10)

A certificate of insurance establishing the extent of liability of the applicant or contractor.

(11)

A performance and maintenance bond for the cost of such work using standards established by the building industry, including all costs that will be incurred for street cleaning and maintenance and/or repair in conjunction with said work, in a form satisfactory to the Corporation Counsel.

(12)

A plan of truck routes and schedule of hours of their use during the proposed work, showing location of signs, barricades and other traffic control devices.

Procedure. Within 30 days after filing of the application in proper form, the Director of Public Works shall either issue the permit or deny same pursuant to the following standards:

(1)

The work will not interfere with surface drainage, endanger any street, road, highway or municipal facility or interfere with support or drainage of adjoining properties.

(2)

The property can be restored and rehabilitated so that it will not cause soil erosion, drainage problems or create disturbance of land in conflict with the established purposes of this chapter.

(3)

The work or its result will not cause substantial traffic hazards, vibrations, noise, dust or sand.

(4)

The work or its result will be in conformity with the natural topography of land and will not change the established character of the neighborhood or depress the value of lands generally in such neighborhood.

(5)

The period of time and the methods for the completion of the work are reasonable.

(6)

Accessibility of the property involved in the application to fire and police protection; access of light and air to the property and to adjoining properties; traffic conditions; transportation requirements and facilities; the general safety, health, peace, comfort and general welfare of the community-at-large; whether the location and size of the proposed use, the nature and intensity of the operations involved, the size of the site in relation to the use, and the location of the site with respect to existing or future street giving access to it, parks and drainage systems shall be such that it will be in harmony with the Comprehensive Plan and Official Map of the City of Peekskill, and the location, nature and height of buildings, retaining walls and fences will not discourage the appropriate development and use of adjacent land, uses, structures and buildings or impair the value thereof.

(7)

Operations in connection with any use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any use permitted by right.

(8)

Provisions have been made to clean area streets used as truck routes on a regular basis.

Requirements. The Director of Public Works is herewith empowered to grant a permit subject to the following conditions where he determines that the nature of the work requires same:

(1)

The establishment of the permitted period of time for the completion of the work.

(2)

The establishment of hours and days of operation, taking into account the nature of the area in which the work is to be performed.

(3)

The construction of fencing and other safety precautions, including street signs and flagmen, specifying the height and type of fencing or precaution and the location of same. No excavation shall be made below the grade of surrounding property to a depth greater than four feet unless the excavation is properly guarded and protected by a substantial fence of proper height and strength which will prevent children and adults from climbing over such fence, and with gates, which gates shall be locked at all times when the property is not being worked.

(4)

The maximum slope and depth of any excavation or fill and the height and slope of any material moved or removed shall be in accordance with City standards. 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.

(5)

The provision of access roads or other adequate means of access or ingress.

(6)

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.

(7)

There shall be no interference with existing drainage, nor shall the 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 City, endanger any road, street or highway within the limits of the City, or produce or enlarge areas from which water will not drain, and provision shall be made for the temporary drainage of the surrounding area during the operation and for the restoration of permanent drainage to be effective upon completion of the operation.

(8)

Requirements for rehabilitation of the site in addition to those provided in § 480-7 of this chapter, where necessary.

(9)

The execution of a payment and performance bond or cash deposit in an amount sufficient to secure the rehabilitation of the site and/or to guarantee the faithful performance of the work in accordance with the approval of the permit and all ordinances, laws, regulations of the City of Peekskill and all plans and specifications filed with the application for the permit. Such bond shall be approved by the Corporation Counsel as to form and manner of execution and sufficiency of sureties and shall run for the same term as the term of the permit and for a one-year maintenance period after completion of the work. Default on such bond or deposit shall be declared by the City Manager upon recommendation of the Director of Public Works.

§ 480-7 Restoration; topsoil and seeding.

[Amended 6-24-2019 by L.L. No. 3-2019]

All property shall be suitably graded and recovered with an adequate layer of topsoil, satisfactory to the Director of Public Works, which shall contain no particle over two inches in diameter, over the entire area of the property except that portion which had not been disturbed in construction and that portion covered by structures, construction in roads, driveways, walks, patios and swimming pools.

No certificate of occupancy shall be issued until respreading of topsoil and seeding of lawn has been completed, except that between October 1 and April 1 and between May 15 and August 15 the developer shall submit an agreement in writing, signed by the developer and property owner, with a copy to the Director of Public Works, that respreading of soil and seeding of lawn will be done during the immediately following planting season, and leave a cash escrow for performance, in such amount as shall be determined by the Director of Public Works.

§ 480-8 Fees.

[Amended 9-25-2017 by L.L. No. 2-2017]

Every application for a soil or excavation permit shall be accompanied by a fee set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk for the first acre or part thereof and $40 for each additional acre or part thereof.

Regardless of the time period set forth in the initial permit, each holder of a permit shall apply for a new permit on the anniversary date of each year succeeding the issuance of the original permit and shall pay an annual fee as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk for each acre or part thereof.

There shall be a fee as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk for each acre or part thereof upon submission of an application for a certificate of completion.

§ 480-9 Inspection and certificate of completion.

[Amended 6-24-2019 by L.L. No. 3-2019]

Every permit holder shall apply for an inspection of the premises covered by the permit, by the Department of Public Works, at least 30 days prior to the termination date of any issued permit, together with the fee set forth in § 480-8. Upon inspection of the premises, the Director of Public Works shall approve the application and issue a certificate of completion or shall disapprove same, specifying his reasons therefor in writing, served upon the holder of the permit and setting forth a time period for correction. Upon failure of the permit holder to so correct within the time set forth, the Director of Public Works shall request that the Corporation Counsel commence a proceeding for violation of the law. Failure to apply for a certificate of completion within the time period set forth in this section shall be deemed to be a prima facie violation of the terms of this chapter.

§ 480-10 Notice of violations.

[Amended 3-12-2012 by L.L. No. 4-2012; 6-24-2019 by L.L. No. 3-2019]

Whenever the Director of Public Works determines that a violation of this chapter or of the terms of any permit or order issued hereunder has occurred, he shall serve a notice of violation by certified mail upon the holder of any permit, or if none, the last known owner of the property or properties as shown in the records of the City Tax Assessor, and shall give the violator at least 10 days to correct such violation plus three days for mailing.

The Director of Public Works shall authorize commencement of a proceeding to enforce any violation of the terms at any time after the period of time for correction of a violation has passed.

Whenever the Director of Public Works determines that failure to comply with a violation notice constitutes a nuisance or safety hazard, he shall notify the holder of the permit or the record owner of the property or the owner’s representative of his findings by certified mail. If a period of at least five days elapses from service of the finding and there has been no correction of the violation, the Director of Public Works may proceed to take whatever action necessary to abate the nuisance pursuant to the procedures set forth in § C205 of the City Charter, or the Corporation Counsel may be authorized by the Director of Public Works to institute a suit to recover such expenses against any person liable therefor, in addition to such action taken pursuant to Subsection B herein and § 480-11.

§ 480-11 Penalties for offenses.

Any person violating this chapter shall be subject to a penalty in an amount up to $500 or 30 days' imprisonment, or both such fine and imprisonment. Each week's continued violation is considered a separate violation.

Nothing contained in the preceding subsection shall prevent the City from maintaining an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provisions of this chapter or any rule or regulations promulgated hereunder.