[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.
A plot plan of the premises, upon which the area of excavation
or removal of materials shall be shown.
B.
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.
C.
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.
D.
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,[1] 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.
[1]
Editor's Note: Such bond amount is on file and available for inspection
in the office of the Village Clerk during regular office hours.
A.
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.
B.
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[1] 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.
[1]
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.
