[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 2-26-1959 as Ord. 2.7 of the 1959 Unified Code of Ordinances. Amendments noted where applicable.]
The objects of this chapter are to prevent the defacement of parcels of land by removal of topsoil or by excavations not necessary or related to the improvement of the parcel and to preserve the support of the marginal areas of adjoining parcels against the effects of excavations.
For the purpose of interpreting and applying the provisions of this chapter, the following definitions shall be observed:
- Includes construction upon the land of buildings or other structures, roads, drains, installation of utilities, clearing, grading, landscaping or other operations improving the parcel of land concerned.
Except as hereinafter provided, no owner, lessee, occupant, legal representative, agent or other person having any interest vested or contingent in any land within the village shall excavate upon or remove topsoil, earth, sand, gravel or rock from such land unless a permit therefor has been issued by the Building Inspector.
No permit hereunder shall be required:
No permit shall be issued where the proposed operation is not necessary or related to the improvement of the parcel of land concerned and would result in a defacement of the land adversely affecting neighboring parcels of land or the general welfare of the village or would undermine the support of the marginal areas of adjoining parcels of land.
Application for such permit shall be on a form supplied by the village, signed by the owner or the owner's duly authorized agent, and shall be filed with the Building Inspector. Such application shall give such information pertinent to the proposed work as shall be required by the Building Inspector, including the purpose or proposed operation, the time required to complete the work and the approximate number of cubic yards of excavation to be removed from the premises. There shall be filed with such application the following:
A plot plan of the premises, upon which the area of excavation or removal of materials shall be shown.
If required by the Building Inspector, a topographical map prepared by an engineer or land surveyor licensed in the State of New York, drawn to scale, showing the existing and finished grades, the location and dimensions of the premises, the size and use of any existing buildings thereon and cross sections and elevations to indicate the effect of the operation upon the grade of the premises and the relationship in grade between the affected portion of the premises and any abutting land and highways after completion of the work.
Where the application involves an excavation to a level below the level of abutting land, a plan prepared by a licensed engineer showing, with respect to excavations distant 25 feet or more from abutting land, how such land will be protected by slopes, which shall not exceed 45º, or otherwise, and with respect to excavations distant less than 25 feet from abutting land, the protection thereof by suitable retaining walls. Where the proposed excavation is in connection with a building construction upon the premises for which a building permit has been issued, if the plans thereof on file with the Building Inspector satisfactorily show the manner of protecting the abutting land, said engineer's plan mentioned in this subsection may be dispensed with by the Building Inspector.
Where the proposed application involves a change of grade of the premises, a certificate of a licensed engineer stating that the proposed operation and finished grades of the premises after completion thereof will not interfere with or overload any existing or planned drainage facilities of the village and will not endanger any road, street or highway within the limits of the village.
Permits hereunder may be issued subject to the performance by the applicant of specific safeguards and conditions therein set forth.
[Amended 5-6-1991 by L.L. No. 5-1991]
Before the issuance of any permit under this chapter, the applicant shall file with the Village Clerk a suitable surety bond, approved by the Village Attorney, in an amount as adopted by resolution of the Board of Trustees, conditioned for the faithful performance of all the conditions of this chapter and the specific safeguards and conditions, if any, set forth in the permit. The Board of Trustees shall reserve the right to require a cash bond or to increase the amount of a filed bond if, in its judgment, it believes such bond is insufficient to guarantee the carrying out of the faithful performance of such operation. Where the amount of earth or other material proposed to be excavated is less than 100 cubic yards, the Board of Trustees shall also reserve the right to waive any part of or all of said bond.
Editor's Note: Such bond amount is on file and available for inspection in the office of the Village Clerk during regular office hours.
Said bond shall be canceled when there shall have been filed with the Village Clerk a certificate of the Building Inspector certifying that the provisions of this chapter and the specific safeguards and conditions, if any, set forth in the permit have been fully complied with.
Each application for such cancellation of the bond shall be accompanied by a map by the engineer showing any revisions and the conditions after the completion of the work and a certificate certifying that the provisions of this chapter and the specific safeguards and conditions, if any, set forth in the permit have been fully complied with.
Any mud, dust or debris carried from the operation on to any public highways shall be scraped and swept broom clean at the end of each working day.
Before any earth, sand, gravel, rock or other material deposit is removed from the premises, the topsoil shall be stripped and neatly piled on the premises. After grading has been completed, all boulders or loose rock shall be buried or removed from the property. All tree stumps, brush or other debris shall be destroyed or removed from the premises. Property shall not be graded below the crown of any abutting road and shall be left free from holes and depressions so as to prevent the accumulation of surface water.
The Building Inspector shall require adequate safeguards where all excavation is liable to damage any existing buildings or walls. He shall also have the authority to require suitable barricades around any open excavation, when required.
After grading has been completed, all topsoil shall be replaced and spread evenly over the graded area. A seed mixture containing 40 pounds of perennial rye grass, 25 pounds of domestic rye grass, 25 pounds of Chewings fescue and 10 pounds of mixed clover per 100 pounds, or similar coverage, shall be brushed lightly and rolled firm.
[Amended 5-6-1991 by L.L. No. 5-1991]
A fee as adopted by resolution of the Board of Trustees shall be charged for excavation of 500 cubic yards or less, plus $0.01 per cubic yard in excess of the first 500 cubic yards. All fees shall be paid at the time of filing the application.
Editor's Note: Such fee is on file and available for inspection in the office of the Village Clerk during regular office hours.
The grading of land of a subdivision approved by the Planning Board, except in connection with the construction of buildings, streets, driveways, parking areas or for the construction or installation of other improvements, shall be subject to all of the provisions of this chapter.
Permits issued hereunder shall expire six months after the date of issue but may be extended by the Building Inspector for cause.
Where a permit has been issued hereunder and an excavation has been made in connection with a building construction on the premises and such building construction has not been commenced within one year after the completion of such excavation, said excavation shall be filled with earth, including a substantial layer of topsoil, and graded to the original level of the land. The Board of Trustees, by resolution, may extend the time of making such restoration.