Town of Greenburgh, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenburgh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building, fire and plumbing — See Ch. 100.
Explosives and blasting — See Ch. 140.
Streets and sidewalks — See Ch. 430.
[1]
Editor's Note: Former Article I, Street Excavations, adopted 8-1-1961, as amended, was repealed 2-9-1977 by L.L. No. 3-1977. See Ch. 430, Streets and Sidewalks.

§ 210-1 (Reserved)

§ 210-2 (Reserved)

§ 210-3 (Reserved)

§ 210-4 (Reserved)

§ 210-5 (Reserved)

§ 210-6 (Reserved)

§ 210-7 (Reserved)

§ 210-8 (Reserved)

§ 210-9 (Reserved)

§ 210-10 (Reserved)

§ 210-11 (Reserved)

§ 210-12 (Reserved)

[Adopted 10-9-1956]

§ 210-13 Title and purpose.

This article shall be known as the "Excavation Ordinance of the Town of Greenburgh" and regulates the manner of excavation, stripping and removal of topsoil, earth, sand, gravel, humus, rock and other mineral deposits from land in that portion of the Town of Greenburgh outside of any incorporated village therein.

§ 210-14 Definitions and word usage.

A. 
Definitions. The following terms, as used in this article, shall have the meanings as indicated below for the purposes of this article:
EXCAVATED PREMISES
The whole of any premises or property from which topsoil, earth, sand, gravel, humus, rock or other mineral deposit is excavated and/or removed or from which it is proposed that such materials be excavated and/or removed.
EXCAVATION WORK
The whole of an operation for the excavation and/or removal of any materials from any excavated premises, and shall include the grading and seeding of said excavated premises and the construction of a legal improvement or legal improvements on said excavated premises.
IMPROVEMENT
A building, wall, structure, parking area, playground, walk, driveway, street, highway or road.
LEGAL IMPROVEMENT
An improvement that complies or would, if constructed, comply wholly with the provisions of all pertinent zoning, building, fire prevention and other ordinances, rules, regulations, laws and statutes affecting such improvement, including pertinent ordinances, rules, regulations, laws and statutes of the Town of Greenburgh.
MATERIALS
Topsoil, earth, sand, gravel, humus, rock or other mineral deposit.
B. 
Usage. Words of the masculine gender as used in this article shall include the feminine and the neuter genders and may refer to a firm, company or corporation.

§ 210-15 Permit required; exceptions.

A. 
It shall be unlawful for any person, firm, company or corporation to excavate, strip or remove any topsoil, earth, sand, gravel, humus, rock or other mineral deposit, from any land in that portion of the Town of Greenburgh outside of any incorporated village therein, unless:
(1) 
An excavation permit for such excavation work shall have been duly issued by the Building Inspector of the Town of Greenburgh pursuant to the provisions of this article; and
(2) 
Such excavation work, in its entirety, shall be undertaken, performed and completed in accordance with all provisions of this article.
B. 
No excavation permit shall be required where:
(1) 
Said materials are excavated or removed from one location on the excavated premises for usage on another location on the same excavated premises; or
(2) 
Said materials must necessarily be excavated or removed from the excavated premises for the purpose of constructing a legal improvement thereon and the aggregate amount of said materials excavated or removed from the excavated premises is less than 300 cubic yards; provided, however, that in either of the aforementioned cases, the owner of the excavated premises shall have filed with the Building Inspector a written agreement, in duplicate, duly executed and acknowledged by said owner and in a form required in accordance with the provisions of § 210-16B of this article.

§ 210-16 Application for permit.

The application for an excavation permit required under the provisions of § 210-15A of this article shall be on a form approved by the Town Board of the Town of Greenburgh, shall be duly executed and verified by the owner of the excavated premises, and shall be filed, in duplicate, in the office of the Building Inspector of the Town. Such application shall furnish all data and information as shall be required by the Building Inspector respecting the proposed excavation work, including the location and purpose of the proposed excavation work, the nature of the proposed legal improvement to be constructed on the excavated premises, the time required to complete the proposed excavation work, and the approximate aggregate number of cubic yards of materials to be excavated or removed from the excavated premises. Such application so filed shall be accompanied by the following:
A. 
A topographical map prepared by an engineer duly licensed in the State of New York, drawn to scale, showing the location and dimensions of the excavated premises, the existing grades thereof and the proposed finished grades thereof after completion of the proposed excavation work, the size and use of any existing buildings thereon, cross sections and elevations to indicate the effect of the proposed excavation work upon the existing grades of the excavated premises, and the relationship in grade, after completion of the proposed excavation work, between the excavated premises and any abutting land and highways lying within at least 50 feet of the excavated premises, such map showing how such abutting land and highways would be protected with slopes not to exceed an angle of 35º or with suitable masonry retaining walls or other suitable walls or terraces in accordance with the provisions of § 210-23 of this article;
B. 
A written agreement, in duplicate, duly executed and acknowledged by the owner of the excavated premises, and in a form approved by the Town Attorney of the Town of Greenburgh, covenanting and agreeing, on the part of such owner, to perform the proposed excavation work, in its entirety, in strict accordance with all ordinances, rules, regulations, laws and statutes, including those of the Town of Greenburgh and including this article, and all amendments thereto, and consenting for himself, his heirs and successors, that in the event of any failure of such performance at any time, any officers, employees and duly authorized agents of the Town may, upon direction of the Town Board, enter upon the excavated premises and take all action thereon as is deemed necessary and appropriate to the Town Board to restore said premises to a safe, clean and properly appearing condition, and further that in the event of failure of such performance at any time, the Town Board may declare any performance bond filed by the owner, pursuant to this article, to be in default, collect the sum payable thereunder and use such bond proceeds to defray the expense of the aforementioned restoration of the excavated premises;
C. 
A duly acknowledged written consent of all mortgagees holding mortgages, if any, on the excavated premises, consenting to the proposed excavation work;
D. 
A certificate of the Receiver of Taxes of the Town of Greenburgh certifying that all taxes and assessments levied against the excavated premises have been paid as of the date of the application;
E. 
A certificate of the Town Engineer of the Town of Greenburgh certifying that the proposed excavation work and the proposed finished grades of the excavated premises after completion thereof will not interfere with or overload any existing or planned drainage facilities of the Town of Greenburgh and will not endanger any street, highway or road within the limits of said Town; and
F. 
The amount of fee required for the issuance of the excavation permit applied for, which fee shall be $50 for an excavation and/or removal of materials of 5,000 cubic yards or less, plus $0.01 for each cubic yard of materials to be excavated and/or removed in excess of the first 5,000 cubic yards.

§ 210-17 Requisites for issuance of permit.

Before the issuance of any excavation permit under this article, the Building Inspector of the Town of Greenburgh shall make a careful examination of the application therefor and all accompanying documents required to be filed, the excavated premises and all premises abutting thereof, and shall make such further investigation and study as shall be required under the circumstances. In making such investigation and study, the Building Inspector shall have the right to require from the applicant such additional maps, plans and data as shall be necessary to him for the purpose of reviewing the application. No excavation permit shall be issued by the Building Inspector until all of the following requirements shall have been complied with:
A. 
The pertinent application and accompanying documents, along with all additional data required by the Building Inspector, shall have been filed with him in proper form, and the appropriate amount of fee for the excavation permit applied for shall have been paid to him, pursuant to all of the provisions of § 210-16 of this article.
B. 
The Building Inspector shall have determined that the proposed excavation work, in its entirety, is necessitated for the purpose of constructing a legal improvement or legal improvements on the excavated premises, unless the Town Board shall have waived this requirement pursuant to § 210-18 of this article.
C. 
The owner of the excavated premises shall have filed with the Town Clerk of the Town of Greenburgh a suitable performance bond, in an amount as determined below, issued by a bonding or surety company approved by the Town Board of said Town, and also approved by the Town Board and the Town Attorney of said Town as to its form, sufficiency and manner of execution, conditioned for the faithful performance by said owner of the proposed excavation work, in its entirety, in accordance with all terms, conditions and provisions of this article and of the agreement executed by said owner pursuant to § 210-16B of this article.
Total Number of Cubic Yards
to be Excavated or Removed
Amount of Bond Required
50,000 or less
$5,000
Between 50,001 and 100,000, inclusive
$10,000
Between 100,001 and 200,000, inclusive
$15,000
Between 200,001 and 500,000, inclusive
$20,000
In excess of 500,000
$25,000

§ 210-18 Waiver of certain requirements.

In the event that the Building Inspector shall in any instance determine that the proposed excavation work or any part thereof is not necessitated for the purpose of constructing a legal improvement or legal improvements on the excavated premises, the owner of such excavated premises may apply to the Town Board for a waiver of the requirement set forth in § 210-17B of this article. Upon the receipt of such application and after due consideration of all pertinent documents filed with the Building Inspector and of the report of the Building Inspector relating to the application, the Town Board shall have the right to waive the requirement set forth in § 210-17B of this article upon such terms and conditions as may be deemed appropriate to the Town Board, including the right to increase the amount of performance bond required under § 210-17C of this article.

§ 210-19 Denial of permit; refund.

If an application for an excavation permit shall be finally rejected or denied by the Building Inspector, he may, upon the request of the applicant, refund to such applicant the portion of the fee paid by him which shall be in excess of $10.

§ 210-20 Performance of work; expiration and transferability of permit.

Upon the issuance of an excavation permit pursuant to this article, the excavation work permitted thereby, in its entirety, shall be undertaken, performed and completed in accordance with all the provisions of this article. The excavation permit so issued shall expire six months from the date of its issuance and shall be nontransferable.

§ 210-21 Topsoil removal.

No topsoil shall be excavated or removed from any excavated premises except within the construction lines of a legal improvement, the construction of which necessitates the removal of such topsoil. Before any earth, sand, gravel, humus, rock or other mineral deposit is excavated or removed from any part of the excavated premises lying outside the construction lines of a legal improvement, the topsoil thereon shall be separated, stripped and neatly piled on the excavated premises so that such topsoil may be restored to such part of the excavated premises upon completion of the grading thereof pursuant to § 210-26 of this article.

§ 210-22 Amount of material to be removed.

No materials shall be excavated or removed from any excavated premises in excess of the maximum amount shown on the excavation permit issued for such excavation work, or in excess of 300 cubic yards where no excavation permit has been issued for such excavation work. If a topographical map shall have been filed by the owner of the excavated premises pursuant to any provision of this article, the excavation work on the excavated premises shall be performed in strict accordance with such filed topographical map and in the following manner:
A. 
No materials shall be excavated or removed except from those areas and portions of the excavated premises as are expressly indicated for excavation or removal on said topographical map;
B. 
No materials shall be excavated or removed from any area or portion of the excavated premises at any depth below the proposed grade shown for such area or portion on said topographical map; and
C. 
The grades and slopes of the excavated premises shall be finished in accordance with all details shown on said topographical map.

§ 210-23 Protection of abutting property.

No excavation nor filling shall be made closer than 25 feet to any abutting property line of the excavated premises with an angle of slope exceeding 35º, unless a suitable masonry retaining wall or other suitable wall or terrace, designed by an engineer duly licensed in the State of New York, and approved by the Building Inspector, is constructed to protect such abutting property. If such wall or terrace is over five feet in height, a suitable iron or pipe guardrail, approved by the Building Inspector, shall be installed on top of said wall or terrace.

§ 210-24 Slope of excavation; barricades.

Where the depth of an excavation is more than five feet in height, the banks shall be broken down at the end of each working day so that the slope shall not exceed 45º. The Building Inspector shall have the right and authority to require adequate safeguards where an excavation is liable to damage any existing building or wall, and to require suitable barricades around any open excavation when necessary.

§ 210-25 Removal of debris from streets.

Any mud, dust or debris carried onto any public street, highway or road as a result of any excavation work shall be scraped and swept broom clean at the end of each working day.

§ 210-26 Topsoil replacement, seeding, etc.

After the grading of the excavated premises has been completed, topsoil shall be replaced and spread evenly over the graded portion of the excavated premises, lying outside the construction lines of a legal improvement. In addition, a seed mixture containing 40 pounds of perennial rye grass, 25 pounds of domestic rye grass, 25 pounds of chewing fescue and 10 pounds of mixed clover per 100 pounds, or similar coverage, shall be sown on said portion of the excavated premises, at the rate of 100 pounds per acre, and the seed shall be brushed in lightly and rolled firm. All boulders and loose rock shall be buried or removed from the excavated premises, and all tree stumps, brush and other debris shall be removed from the excavated premises. If the excavation work shall have been performed for the preparation and construction of a parking area, such parking area shall be covered with at least two inches of blacktop on a suitable base, or with such other paving as may be approved by the Building Inspector, and shall be properly rolled.

§ 210-27 Additional requirements.

In any case where excavation work will be, is being or has been performed on excavated premises, whether or not an excavation permit has been or is required to be issued therefor, the Town Board and/or the Building Inspector shall have the right and authority to impose the following requirements on the owner of the excavated premises:
A. 
The Town Board and/or the Building Inspector shall have the right to require from the owner of the excavated premises such data, information, maps and plans as shall be necessary to determine whether excavation work will be, is being or has been performed pursuant to the provisions of this article.
B. 
The Building Inspector shall have the right to require the owner of the excavated premises to submit thenceforth to the Building Inspector sworn periodical reports setting forth the amount of materials that have been or shall have been excavated or removed from the excavated premises, and to place such stakes and markings on the excavated premises as shall be required by the Building Inspector for the purposes of inspection.
C. 
The Town Board shall have the right to require the owner of the excavated premises to employ such inspector as may be designated by the Town Board, without any cost or expense to the Town of Greenburgh, to supervise and inspect any excavation work thereon for purposes of determining whether such work is being performed pursuant to the provisions of this article.
D. 
The Town Board shall have the right to require the owner of the excavated premises to deposit with the Town of Greenburgh a fixed amount of cash security or to file an increased or decreased performance bond in the manner required under § 210-17C of this article, and to impose such other terms and conditions upon said owner as are deemed appropriate to the Town Board to guarantee the carrying out of the faithful performance of the excavation work in accordance with the provisions of this article.

§ 210-28 Renewal of permits.

The Building Inspector may renew an excavation permit for an additional six months' period, provided:
A. 
The owner of the excavated premises shall have diligently and lawfully proceeded with the excavation work permitted under the original excavation permit, and with all work in connection therewith, during the period of the original excavation permit; and
B. 
The owner of the excavated premises shall have filed with the Building Inspector an application for renewal of such excavation permit, stating the reasons for such application, and all the requirements set forth in §§ 210-16 and 210-17 of this article shall have been complied with in respect to the renewal application. If the original excavation permit had been issued after action of the Town Board, pursuant to § 210-18 of this article, in waiving the requirement set forth in § 210-17B of this article, the Building Inspector shall not renew such original excavation permit until the Town Board shall have approved such renewal, and all additional terms and conditions, which the Town Board shall hereby have the right to impose in connection with such renewal, shall have been complied with.

§ 210-29 Time allowed for completion of work.

No excavation made for the purpose of constructing an improvement on the excavated premises shall remain open for more than 90 days from the date of the beginning of such excavation, unless the foundation of a building constituting a legal improvement, or the construction of a legal improvement other than a building, shall have been commenced; any such excavation which shall remain open for more than 90 days shall be deemed abandoned and, within 30 days after written notice by the Building Inspector, any materials which have been excavated or removed from the excavated premises shall be replaced on the excavated premises by the owner thereof and said excavated premises shall be graded to the original grades and seeded in accordance with the specifications set forth in § 210-26 of this article. No building foundation constructed or in the process of construction shall remain open for more than six months from the date of the beginning of the excavation therefor, unless that portion of the building above the foundation shall be in progress of construction. All improvements constructed shall be completed within one year from the date of the issuance of the excavation permit relating to such improvement, whichever date is the earlier. In the case of undue hardship, the Town Board shall have the right to vary the provisions of this section without a public hearing.

§ 210-30 Conditions for cancellation of performance bond.

Upon the completion of any excavation work permitted under this article, the owner of the excavated premises may apply to the Building Inspector for the cancellation of any performance bond filed by him, forwarding with such application a topographical map prepared by an engineer duly licensed in the State of New York, showing all conditions existing on the excavated premises after the completion of the excavation work, and a certificate of such owner certifying that all the provisions of this article have been fully complied with. Such topographical map shall be drawn to the same scale and based on the same datum plan as the topographical map filed with the application for the excavation permit pursuant to § 210-16A of this article. The Building Inspector shall thereupon inspect the excavated premises and complete a report thereon, certifying as to whether all the provisions of this article have been fully complied with. The Building Inspector shall then forward to the Town Board such report, along with his recommendation as to whether said performance bond should be canceled, whereupon the Town Board may, if satisfied with the performance and completion of the excavation work, cancel the performance bond filed.

§ 210-31 Authority of Town to fill excavations.

A. 
Pursuant to the provisions of § 130, Paragraph 15-a, of the Town Law, upon the direction of the Town Board, the Superintendent of Highways of the Town of Greenburgh shall have the right and power to fill in any excavated premises, provided that:
(1) 
The Town Board shall have deemed, after a hearing thereon, that the existence of such excavated premises constitutes a hazard to public safety; and
(2) 
After 30 days' notice given by the Superintendent of Highways by registered mail addressed to the owner of record of such excavated premises at the address shown on the last preceding assessment roll of the Town, such excavated premises shall not have been filled in by or on behalf of such owner.
B. 
The Superintendent of Highways shall fill in such excavated premises with the assistance of such employees or agents of the Town or independent contractors as shall be set forth in the direction of the Town Board. The cost of such filling shall be assessed against the excavated premises in accordance with the provisions of § 157 of the Highway Law.

§ 210-32 Penalties for offenses.

Any violation of this article shall be deemed a misdemeanor of the owner of the excavated premises concerned and/or of the person, firm, company or corporation committing such violation, and shall be punishable by imprisonment for 30 days or by payment of a fine of $100 for each offense. Every violation of any provision of this article shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. Nothing in this article shall be construed as depriving the Town of Greenburgh or the Town Board or any officer thereof of the right to maintain an action or proceeding to compel compliance with, or to restrain by injunction any violation of, this article, or the right to employ any other legal remedy.

§ 210-33 Repealer.

All other ordinances or parts of ordinances heretofore enacted by the Town Board of the Town of Greenburgh relative to the regulation or restriction of excavation or removal of topsoil and/or other materials from land in the Town of Greenburgh, except the Street Excavation Ordinance of the Town of Greenburgh, are hereby repealed.