It is the established policy of the Town of Fishkill, and this
chapter is adopted for the purpose of promoting this policy, that
the natural topography of the land of the Town is a public asset which
should be preserved and safeguarded. It is hereby declared that the
various features of such topography, including the topsoil and other
natural resources that constitute the land, the shape or contour of
the land, the plant life and wildlife that is fostered on the land
and water, or the flow thereof upon the land, are of prime concern
to the welfare of the people of the Town of Fishkill, and no changes
shall be permitted in such topography except as hereinafter provided.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
NATURAL RESOURCES
Rock, sand, gravel, stone or aggregate located on or below
the surface of the earth.
[Amended 9-15-1997 by L.L. No. 3-1997]
TOPSOIL
The outer layer of the earth in which vegetable matter may
take root and grow.
The following constitute uses for which a topsoil and excavation
permit is not required:
A. The excavation of topsoil and other natural resources from within
the limits of the right-of-way or slope rights of any Town, county
or state highway or for the sole purpose of building roads and slopes
incidental thereto which lie within the area of a subdivision approved
by the Planning Board of the Town of Fishkill or on file in the County
Clerk's office in Dutchess County, New York.
B. The improvement of a single lot or parcel of land in connection with
the construction of a dwelling, multiple dwelling, building or any
other structure or structures for which a building permit has been
issued, provided such improvement shall conform to the following standards:
(1) Final slopes shall be finished at a grade no greater than the natural
angle of repose except where supported by a retaining wall or foundation.
(2) Any lakes or ponds that are created shall have a sufficient depth
and inflow of water to prevent their becoming stagnant.
(3) Topsoil may be removed in connection with any permitted excavation,
but shall be replaced with earth in which vegetable matter may take
root and grow and shall be seeded with grass, permanent pasture mixture
or other fast-growing vegetation, repeatedly as necessary, until the
growth is established.
(4) Topsoil or other natural resources which have been excavated to permit
the improvement of property may be removed from the property, provided
that the amount to be removed is in excess of that to be reused on
the site of the improvement, and provided that this amount is specified
in the building permit for such improvement.
(5) There is no processing of excavated materials by a rock crusher or
similar equipment on the premises.
(6) Any regrading, removal or excavation which is permitted under the
provisions of this section, subject to the issuance of a building
permit, shall be completed within one year of the date of the issuance
of said permit.
C. Landscaping purposes in which topsoil is removed from one part of
the property and deposited on another part of the same property, provided
that it is replaced with a cover of earth in which vegetable matter
may take root and grow and shall be seeded with grass, permanent pasture
mixture or other fast-growing vegetation, repeatedly as necessary,
until the growth is established.
A topsoil and excavation permit is required for the following
uses:
A. General site improvement. The improvement of property where the regrading,
removal or excavation of topsoil or other natural resources, or the
clearing of live, healthy trees three inches in diameter at breast
height or larger, is not made in connection with the construction
of a dwelling, multiple dwelling, building or any other structure
or structures for which a building permit has been issued. Such regrading,
excavation or topsoil removal shall be permitted by the Building Inspector
in accordance with the following standards:
[Amended 11-10-2007 by L.L. No. 9-2007]
(1) All other provisions of the section are adhered to.
(2) Complete plans of the proposed excavation or regrading are presented
to the Building Inspector, to include the following:
(a)
Existing topography of the property at five-foot contour intervals.
(b)
The location of any streams or intermittent streams within or
bounding the property.
(c)
Soil types, as defined in the Dutchess County Soil Survey, found
within the boundaries of the property.
(d)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter
130. The SWPPP shall meet the performance and design criteria and standards in Chapter
130, Article
V. The Building Inspector may, in his/her sole discretion, require an SWPPP for disturbances of less than one acre. In determining whether to require an SWPPP for disturbances of less than one acre, the Building Inspector shall consider the following:
[1]
Water sources present on the site.
[2]
The slopes present on the site.
[4]
The soil conditions present on the site.
[5]
The visual and/or scenic significance of the site.
(3) The proposed excavation or regrading will not interfere with the
natural drainage outside of the immediate excavation area.
(4) Any previous excavation or regrading on the property has been accomplished
and completed in accordance with all the provisions of this chapter.
B. Commercial purposes. The regrading, removal or excavation of topsoil or other natural resources for commercial purposes shall be deemed, for the purpose of this chapter, to be the regrading, removal or excavation of topsoil or other natural resources other than the uses permitted under §§
128-4 and
128-5A. No commercial excavation shall be permitted until it has been found by the Town Board that such excavation or any operation accessory thereto will not be detrimental to the appropriate and orderly development of any district in which it is situated or impair the value thereof. Excavation shall be permitted only after issuance of a permit by the Town Board after public hearing conducted in conformance with the requirements of §
114-2 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by Chapter
114 before said hearing is held. Existing soil mining operations shall be permitted to continue operation after enactment of this chapter while their applications are being prepared and processed. However, applications must be submitted within 120 days of the effective date of this chapter. Permits for continuance of existing soil mining operations shall not be subject to public hearing but shall be issued upon review of said applications by the Town Board.
[Amended 4-15-2015 by L.L. No. 1-2015; 4-3-2019 by L.L. No. 1-2019]
[Amended 7-6-1981 by L.L. No. 9-1981; 9-15-1997 by L.L. No.
3-1997; 11-10-2007 by L.L. No. 9-2007]
A. In all cases where a topsoil or excavation permit is required for
commercial purposes, the applicant shall file with the Town Clerk
a verified application, in triplicate, for such permit, together with
complete plans for the proposed excavation, which shall show:
(1) The location of the property, the zoning classification of the property
and all adjacent properties, all adjacent property owners, all buildings
on the site, and all buildings off the site and within 250 feet of
the boundary line of the property.
(2) Existing topography of the property at five-foot intervals.
(3) Location of any streams, wetlands, floodplains, lakes, ponds, watercourses
or intermittent streams or watercourses within or bounding the property.
(4) Soil types, as defined by the Dutchess County Soil Survey, found
within the boundaries of the property.
(5) Location and present status of any previous commercial operations
on the property.
(6) Areas to be excavated, intended location of storage piles, the estimated
amounts to be excavated, in cubic yards, existing and proposed slopes,
details of existing and proposed drainage, including the proposed
level of any impounded water, plans for erosion control and the location
of all proposed structures and proposed access drives to the excavation
site.
(7) Location of all structures used for a permitted or accessory use as defined in the Table of Use Regulations, §
150-33.
(8) Sufficient data so that excavation on the site shall be controlled
to a depth no greater than five feet above the water table. The data
provided shall be reviewed for sufficiency by the Town Engineer.
B. The application shall be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter
130. The SWPPP shall meet the performance and design criteria and standards in Chapter
130, Article
V. The Town may, in its sole discretion, require an SWPPP for disturbances of less than one acre. In determining whether to require an SWPPP for disturbances of less than one acre, the Town shall consider the following:
(1) Water sources present on the site.
(2) The slopes present on the site.
(4) The soil conditions present on the site.
(5) The visual and/or scenic significance of the site.
C. The application for an excavation permit for commercial purposes
shall be submitted in the name of the owner or any person duly authorized
by such owner and shall be accompanied by copies of receipted tax
bills indicating that all taxes, assessments and charges affecting
said property have been paid. The applicant shall designate the Town
Clerk as a person upon whom process may be served.
D. A performance bond shall be posted with the Town Board, in an amount
and form to be determined by the Board, with the advice and recommendation
of the Town Engineer and Town Attorney, but not to exceed $2,000 per
acre of land to be excavated, to ensure conformance to the approved
plans and all application regulations. The Town Board shall set a
reasonable time limit for such bond but not to exceed two years; a
bond may be renewed or extended with each permit renewal. Said bond
shall remain in full force and effect until a certificate of completion
has been issued by the Building Inspector, certifying to the fact
that all provisions of this chapter and conditions of the permit have
been complied with. In lieu of such bond, the applicant may post a
cash deposit or certified check with the Supervisor of the Town.
E. Permits issued under this section shall expire two years from the
date of issuance, except that after public hearing, to be held pursuant
to this chapter, and upon a finding that all terms and provisions
of this chapter have been complied with, the Town Board may extend
permits for three-year periods.
F. The plans for any proposed excavation shall be submitted to the Dutchess
County Planning Board in accordance with the procedure set forth in
the General Municipal Law of the State of New York, to the extent
that the same may be applicable to the application.
G. Applicants for a permit shall bear the expense of public notice advertising. In addition, each application shall be accompanied by a permit fee as provided for in Chapter
68, Fees.
[Amended 9-15-1997 by L.L. No. 3-1997; 11-10-2007 by L.L. No.
9-2007]
A. In all cases where a topsoil or excavation permit is required for
continuance of existing soil mining operations for commercial purposes,
the applicant shall file with the Town Clerk a verified application
in triplicate for such permit, together with a plot plan, which shall
show:
(1) The location of the property, the zoning classification of the property
and all adjacent properties, all adjacent property owners, all buildings
on the site and all buildings off the site and within 250 feet of
the boundary line of the property.
(2) Existing topography of the property at five-foot intervals.
(3) Location of any streams, wetlands, floodplains, lakes, ponds, watercourses
or intermittent streams or watercourses within or bounding any property.
(4) Soil types, as defined by the Dutchess County Soil Survey, found
within the boundaries of the property.
(5) Location and present status of any previous commercial operations
on the property.
(6) Areas to be excavated, the intended location of storage piles, the
estimated amounts to be excavated, in cubic yards, existing and proposed
slopes, details of existing and proposed drainage, including the proposed
level of any impounded water, plans for erosion control and the location
of all proposed structures and proposed access drives to the excavation
site.
(7) Location of all structures used for a permitted or accessory use
as defined in the Tables of Use Regulations.
(8) Sufficient data so that excavation on the site shall be controlled
to a depth no greater than five feet above the water table. The data
provided shall be reviewed for sufficiency by the Town Engineer.
B. The application shall be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Fishkill Town Code Chapter
130. The SWPPP shall meet the performance and design criteria and standards in Chapter
130, Article
V. The Town may, in its sole discretion, require an SWPPP for disturbances of less than one acre. In determining whether to require an SWPPP for disturbances of less than one acre, the Town shall consider the following:
(1) Water sources present on the site.
(2) The slopes present on the site.
(4) The soil conditions present on the site.
(5) The visual and/or scenic significance of the site.
C. The application for an excavation permit for commercial purposes
shall be submitted in the name of the owner or any person duly authorized
by such owner and shall be accompanied by copies of receipted tax
bills indicating that all taxes, assessments and charges affecting
said property have been paid. The applicant shall designate the Town
Clerk as a person upon whom process may be served.
D. Permits issued under this section shall expire two years from the
date of issuance, except that after public notice, to be given pursuant
to this chapter, and upon a finding that all terms and provisions
of this chapter have been complied with, the Town Board may extend
permits for three-year periods.
E. The plans for any proposed excavation shall be submitted to the Dutchess
County Planning Board in accordance with the procedure set forth in
the General Municipal Law of the State of New York, to the extent
that the same may be applicable to the application.