[HISTORY: Adopted by the Board of Trustees
of the Village of Airmont 3-1-1993 by L.L. No. 10-1993. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 80.
Erosion and sediment control — See Ch. 100.
Explosives — See Ch. 103.
Flood damage prevention — See Ch. 114.
Site development plans — See Ch. 164.
Subdivision of land — See Ch. 180.
Wetlands — See Ch. 206.
Zoning — See Ch. 210.
This chapter shall be known as "The Clearing,
Filling and Excavation Law of the Village of Airmont."
The Board of Trustees of the Village of Airmont
hereby finds that uncontrolled clearing, filling or excavating of
land may cause serious health, safety and environmental problems including
erosion, siltation, flooding and other potential harmful effects.
It is the purpose of this chapter to prevent such harmful effects
and thus promote the public health, safety and welfare in the Village
of Airmont.
A.
General regulations. Except as provided in § 91-3C and D hereof, a permit from the Planning Board shall be required for any “operation,” which is hereby defined to include any landfill, excavation, removal, stripping or disturbance of topsoil, earth, sand, gravel, rock, or other substance from the ground, or for the establishment of a lake or pond, or removal of trees on any property which is unimproved or improved by anything other than an owner-occupied single-family or two-family residence. No existing operation shall be extended in area, except as provided in § 91-3D hereof, without first securing a permit therefor.
[Amended 1-9-2006 by L.L. No. 1-2006; 3-21-2016 by L.L. No. 4-2016]
B.
Prohibited operations.
(1)
There shall be no processing of fill, topsoil, earth,
sand, gravel, rock or other substance from the ground on the premises
except for use on the same premises.
(2)
There shall be no operation commenced or carried on
which is primarily for the purpose of the sale or exchange of fill,
excavated topsoil, earth, sand, gravel, rock or other substance from
the ground.
(3)
Material used for landfilling must be clean and nonburnable
before being delivered to the site. Such material shall not contain
garbage, disease-producing organisms, harmful radioactivity, or any
other substance which may be considered harmful by the Planning Board.
No material may be used for this purpose which will produce obnoxious
odors, or either cause or require covering or other measures to prevent
the attraction of rats or other vermin, flies, mosquitoes, or other
harmful insects.
(4)
Except with respect to trees that may be removed without
a permit as permitted in this chapter, no person shall do or cause
to be done by others, either purposely, carelessly or negligently,
any of the following acts upon privately owned property within the
Village of Airmont:
[Added 1-9-2006 by L.L. No. 1-2006]
(a)
Cut, destroy, remove or substantially injure any tree
except as may be permitted by permit or approval of any municipal
board or court order;
(b)
Place or maintain upon the ground any substance or
impervious surface which would impede the free access of air and water
to the roots of any tree; or
(c)
Apply any substance to any part of a tree, including
the roots, with the intent to injure or destroy the tree.
C.
Other permits or approvals deemed a permit.
(1)
Building permit deemed a permit. A duly issued building
permit for a building and/or its accessory structures shall be deemed
to be the permit for such landfilling excavations and/or its accessory
structures and driveways, provided that the volume of any added fill
or excavated material removed from the property does not exceed two
times the volume of the cellar and foundation of the dwelling and/or
accessory structures for which the building permit was issued. The
Building Inspector shall suitably endorse the building permit to the
effect that such landfill and/or excavation and removal is permitted,
and shall specify thereon the maximum volumes of added fill and/or
excavated material which may be removed.
(2)
Approved subdivision construction plans deemed a special
permit. Where the Planning Board has approved, with or without conditions,
the construction plans for proposed streets and drainage facilities
in new subdivisions, the approved construction plans shall be deemed
to be a duly issued permit for such operation within the rights-of-way
and slope rights of the proposed streets and areas reserved for drainage
facilities as may be necessary for their establishment, provided that
if there is to be landfilling and/or removal of excavated material
said fill and/or removal shall be disclosed as an integral part of
the subdivision plans. All operations outside such street right-of-way
and slope rights and drainage facilities shall be subject to the permit
and approval requirements of this chapter, unless such operation is
shown on an approved grading plan as part of said construction plans,
the rehabilitation of the disturbed areas is bonded as a condition
of subdivision approval, and provided, if there is to be landfilling
and/or removal, said operation shall be disclosed as an integral part
of the subdivision plans. For the purposes of this section the term
"Planning Board" shall be deemed to include the Planning Board of
the Town of Ramapo.
(3)
Approved site plans deemed a special permit. Where Chapter 210, Zoning, requires the approval of a site plan and when, in the opinion of the Planning Board, the finished elevations shown on these plans are necessitated or required for the intended land use and/or by other provisions of this chapter, the approved final site plan shall be deemed to be a duly issued permit for the necessary landfilling and/or excavation and removal of material from the property, provided that the rehabilitation of disturbed areas is bonded as a condition of site plan approval and provided that such operation is disclosed as an integral part of the site plan. For the purposes of this section, the term "Planning Board" shall be deemed to include the Planning Board of the Town of Ramapo.
D.
Exceptions.
(1)
Waiver. The Planning Board may waive the permit requirements
for an excavation or filling operation involving less than 100 cubic
yards of material.
(2)
Village of Airmont. The provisions of this chapter
shall not apply to operations conducted by or for the Village of Airmont,
or any department or agency thereof.
(3)
Farming. The provisions of the chapter shall not be
construed as prohibiting or limiting the normal use of land for farming
or gardening, or similar agricultural or horticultural uses in any
district.
(4)
Lawns and gardens. The provision of this chapter shall
not be construed as prohibiting or limiting the normal addition of
topsoil or fertilizer to lawns and gardens, or the addition of gravel
or material for the primary purpose of improving or beautifying the
surfaces of previously graded areas.
(5)
Notwithstanding anything to the contrary contained
in this chapter, dead trees and trees which are reasonably determined
by the property owner to pose an imminent risk to persons or property
may be removed without the necessity of a permit for such operation.
[Added 1-9-2006 by L.L. No. 1-2006]
[Added 3-21-2016 by L.L.
No. 4-2016]
A.
Permit required. No person shall move any soil or change or alter
the grade of any property within the Village without first obtaining
a soil removal permit.
B.
Exceptions. The provisions of this chapter shall not apply to the
following operations:
(1)
The moving of 100 cubic yards or less of topsoil within a twelve-month
period.
(2)
The moving of soil for the installation of septic tanks or sanitary
disposal systems for which applicable permits have been issued by
the Board of Health, except for mounded systems.
(3)
The moving of soil for the installation of underground utility lines,
provided that all necessary permits have been issued.
(4)
The moving of soil for parking areas, provided that the required
permits have been obtained.
(5)
The moving of soil for detention or retention basins or similar water
control measures approved by the Village, provided that such soil
removal is only for development containing less than two acres.
(6)
Abandoned wells, septic systems, or cisterns may be filled in without
a soil removal permit, provided that the owner of the lot or his agent
completes and files a permit form with the Rockland County Health
Department with a copy to the Village Building Department prior to
commencement of the work to be performed.
C.
Permit to be issued to owner/agent; term of permit. No soil removal
permit shall be issued to any person other than the owner or owner's
agent of the lot, and then only if the excavation, moving or removing
of soil from, in or upon the lot is necessary for the immediate development
of the property and the normal grading of the lot concerning which
the application is made. No permit shall be issued for longer than
one year.
D.
Issuance of soil removal permit. The soil removal permit shall be
issued by the Building Department or Planning Board in accordance
with the provisions of this chapter.
E.
Minor soil removal permit. Anyone engaged in the movement or removal
of soil of 1,500 or fewer cubic yards shall make application to the
Building Department for a permit prior to commencing operations. The
Building Department shall require review and approval by the Village
Engineer, who shall be guided by the criteria and factors set forth
in this chapter. The issuance of a minor soil removal permit shall
be by review and approval of the Village Engineer.
F.
Major soil removal permit. A major soil removal permit involving
the movement or removal of 1,500 cubic yards or more of soil shall
be required to be approved by the Planning Board after a public hearing,
with notice being required to be given to all persons as set forth
in the Village Code. The issuance of a major soil removal permit shall
be by the Planning Board.
A.
Application. The site plan required for an application
for any permit required by this chapter shall include the following
items:
(1)
The area proposed to be disturbed and its relation
to neighboring properties, together with buildings, roads, and natural
watercourses, if any, within 250 feet of the boundaries of the said
area. An inset map at a reduced scale may be used, if necessary and
helpful.
(2)
The area that is to be disturbed by the proposed excavation
or landfilling.
(3)
The estimated maximum quantity of material to be excavated
and/or removed and the estimated maximum quantity that will be used
for regrading or filling, computed from cross sections of a proposed
excavation or disturbed area.
(4)
A description of any material to be used for landfilling,
and, where fill is to be brought onto the premises, its source, method
of transport and estimated volume.
(5)
The location of any well, and the depth thereof, and
the location of natural watercourses, if any, located within 50 feet
of the proposed disturbed area.
(6)
The location of any sewage disposal system, any part
of which is within 50 feet of the proposed disturbed area.
(7)
Existing topography of the area proposed to be disturbed
at a contour interval of not more than two feet. Contours shall be
shown for a distance 50 feet beyond the limits of the proposed disturbed
area.
(8)
The proposed final contours at a maximum contour interval
of two feet.
(9)
The location and present status of any previous operations
of the type contemplated by this chapter of the property within the
preceding year.
(10)
The details of any drainage system proposed to be
installed and maintained by the applicant, designed to provide for
proper surface drainage of the land, both during the performance of
the work applied for, and after the completion thereof.
(11)
If a proposed excavation is for the purpose of making
a lake or pond, the details of the proposed construction of the dam
or other structure or embankment intended to impound the water, together
with the details and location of proposed discharge and of a valved
outlet for drainage purposes.
(12)
The rehabilitation proposed, and the estimate of the
cost of such work in accordance with the standards in this section.
B.
Board action. The Planning Board shall approve, approve
with conditions or disapprove applications under this chapter within
30 days of the receipt of a complete application.
C.
Village Engineer review and report.
(1)
The Planning Board shall refer each application to the Village Engineer for review and report in accordance with the standards and requirements of this chapter and Chapter 210, Zoning. The Village Engineer shall prepare and submit a report setting forth his findings and recommendations to the Planning Board.
(2)
The Village Engineer's report shall state whether
or not the following criteria are met:
(a)
The location and size of the proposed operation, the
nature and intensity of the work involved and the size of the site
in relation to the operation are such that, upon completion of the
operation and the establishment of the permitted use, the site will
be in harmony with the appropriate and orderly development of the
area in which it is located.
(b)
The proposed operation is not in conflict with any requirement of this chapter, Chapter 210, Zoning, or any other local law of the Village of Airmont.
(c)
The proposed operation is incidental to the establishment,
improvement or operation of a use permitted in the zoning district
in which the property is located.
(3)
The Village Engineer report shall include an estimate
of the amount of performance bond to be furnished by the applicant,
and any special condition or other safeguards deemed necessary or
desirable for the proposed operation. Said estimate and recommended
conditions shall be included even if the Village Engineer recommends
denial of the application.
D.
Required performance bond.
(1)
No permit shall be issued by the Planning Board pursuant
to this chapter until the applicant shall have posted a performance
bond with the Village insuring conformance with the approved plans
and all applicable regulations, restrictions and special conditions.
Such performance bond shall become effective only if and when the
Board of Trustees shall have approved same as to amount, form, surety,
and manner of execution. The Planning Board shall set a reasonable
time limit for the performance of the work shown on the approved plans,
not to exceed two years, except in the case of continuing operations
contemplated by this chapter, in which case a permit shall only be
extended if the bond is correspondingly extended by the Board of Trustees.
(2)
Permits issued under this chapter shall expire within
the time limit set by the Planning Board as provided herein except
that the Planning Board, after complete review of all plans and examination
of work accomplished and proposed, may extend permits for such further
periods of time as may be fixed by the Board.
E.
Rehabilitation of site.
(1)
Upon completion of the work permitted, the site shall
be rehabilitated in accordance with the following standards:
(a)
The final slope shall be finished at a slope no steeper
than one foot vertically for each two feet horizontally for any material
other than rock, except where supported by a retaining wall or foundation.
Finished surface excavated to fast rock shall have a slope no steeper
than six feet vertically for each one foot horizontally.
(b)
Excess materials shall first be used in filling all
open pits, quarries, etc., and the remaining material shall either
be removed from the premises or smoothed and covered with topsoil
and seeded as hereinafter provided.
(c)
A minimum of four inches of topsoil shall be replaced
over all ground surfaces exposed by any operation contemplated herein
except rock, roads, driveways, parking places, garden spaces and surfaces
excavated below high-water marks of lakes, ponds, or streams, so that
a stand of grass or other permanent cover will be established within
two growing seasons. These ground surfaces shall be seeded as required
to prevent erosion before the permanent cover becomes established.
(d)
Where a permit has been issued for an excavation for
the purpose of making a lake or pond, the provisions of this chapter
applicable to regrading, refilling, and seeding shall not apply to
that part of the excavation below the high-water mark of such lake
or pond.
(2)
Upon completion of all rehabilitation work, the applicant
shall notify the Planning Board. The Planning Board shall make or
cause to be made a field inspection of the site to determine if all
work has been completed in accordance with the terms of the permit
and the approved plans. The Planning Board may request the assistance
of the Village Engineer in the determination of the degree of compliance.
The Planning Board shall make a report to the Board of Trustees upon
the completion of its investigation, describing the degree to which
the operation is in conformance with the terms of the permit and plans,
together with its recommendation as to the release of the performance
bond posted.
F.
The application for a minor soil removal permit shall include as
follows:
[Added 3-21-2016 by L.L.
No. 4-2016]
(1)
The name and address of the owner of the land.
(2)
The description of the lands in question, including the lot and block
numbers of the land as shown on the current Tax Map of the Village.
(3)
The purpose or reason for moving the soil.
(4)
The type and quantity in cubic yards of soil to be moved.
(5)
The location to which the soil is to be moved.
(6)
The proposed dates for commencement and completion of the work.
(7)
A description of the equipment to be used in the excavation and moving
of the soil, number and size of trucks and other vehicles to be used.
(8)
Name and address of the person having express charge, supervision
and control of the proposed excavation work.
(9)
A listing of the route to be used by the vehicles in moving or installing
the soil.
(10)
A written statement of plans to control soil erosion.
(11)
Proof of liability insurance in such an amount and form as the Village
may require.
(12)
A statement granting permission to Village officials or their employees
to enter the premises and make surveys and inspections as the work
progresses.
Any person aggrieved by an action of the Planning
Board in approving or disapproving an application before it under
this chapter may take an appeal therefrom to the Board of Appeals
of the Village of Airmont.
The Code Inspector or Building Inspector shall
issue and post notices of violations of this chapter. In addition,
by resolution, the Board of Trustees may direct the Code Inspector
or Building Inspector to make such inspection and reports, initiate
and take such court proceedings and perform all other actions as required
by the Board of Trustees as may be necessary to enforce this chapter
or to invoke penalties for its violation.
A.
Any person who shall violate any provision of this
chapter or any other regulation made under authority conferred thereby,
or who shall build or alter any structure or use any land in violation
of any statement or plan submitted and approved thereunder, or who
shall knowingly assist therein, shall be liable to a fine of not more
than $2,500 or imprisonment not exceeding 15 days, or both such fine
and imprisonment. Each day's continued violation shall constitute
a separate and additional violation. In addition to the foregoing
provisions, the Village shall have such other remedies for any violation
or threatened violation of this chapter as is now or may hereafter
be provided by law.
B.
In addition to the penalties contained in the section,
any person who violates the provisions contained in this chapter by
removing a tree without a permit is subject to a fine of not less
than $500 and not more than $1,500 and/or 30 days’ imprisonment
for each such violation. Each such tree removed shall constitute a
separate and distinct offense. Additionally, if any person convicted
of violating any terms of this chapter is a holder of a permit for
tree removal, such permit shall be immediately revoked upon conviction.
[Added 1-9-2006 by L.L. No. 1-2006]
For the purpose of this chapter, certain words
and terms used herein are defined as follows:
The Board of Appeals of the Village of Airmont.
The Board of Trustees of the Village of Airmont.
Any structure having a roof, self-supporting or supported
by columns or walls, which is permanently affixed to the ground, and
intended for the shelter, housing or enclosure of persons, animals
or chattel.
A building subordinate to the main building on the lot and
used for purposes customarily incidental to that of the main building.
Where an accessory building is attached to the main building in a
substantial manner, as by a wall or roof, such accessory building
shall be considered part of the main building.
The Building Inspector of the Village of Airmont.
The Code Inspector of the Village of Airmont.
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter, disturb or change the location or contour
of land or to transport or supply the same. This term shall not be
construed to include plowing, spading, cultivating, harrowing or disking
of soil or any other operation usually and ordinarily associated with
the tilling of soil for agricultural or horticultural purposes.
[Added 3-21-2016 by L.L.
No. 4-2016]
As defined in § 91-3A of this chapter.
Any person seized in fee simple of any lot.
[Added 3-21-2016 by L.L.
No. 4-2016]
The Planning Board of the Village of Airmont.
Any change or alteration in the grade of any property.
[Added 3-21-2016 by L.L.
No. 4-2016]
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter and any debris,
whether organic or construction debris, including but not limited
to asphalt and concrete.
[Added 3-21-2016 by L.L.
No. 4-2016]
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Included are swimming pools, parking garages and tennis
courts, but not anything requiring only simple paving or surfacing
of the ground such as parking lots, driveways or sidewalks.
Drawings as defined in and in compliance with all requirements of Chapter 180, Subdivision of Land, of the Code of the Village of Airmont.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation.
[Added 3-21-2016 by L.L.
No. 4-2016]
A plant with a woody main trunk with branches and a trunk
with a circumference or caliber greater than eight inches measured
at its widest point. In addition to the definition of “tree”
as used in this chapter, the definition contained herein shall apply
to all other sections of the Code and Zoning Code, unless the specific
statute defines the term contrary or there is another clear legislative
intent demonstrated.
[Added 1-9-2006 by L.L. No. 1-2006]
The Village Engineer of the Village of Airmont.
A zoning district as specified in Chapter 210, Zoning, of the Code of the Village of Airmont.
Chapter 210, Zoning, of the Code of the Village of Airmont.
