Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 6-26-1984 by L.L. No. 19-1984. Amendments noted where applicable.]
Penalties for offenses — See Ch. 1, § 1-17.
Defense and indemnification — See Ch. 20.
Blasting and explosives — See Ch. 87.
Erosion and sediment control — See Ch. 118.
[Amended 12-15-1992 by L.L. No. 2-1992]
No excavation for purposes other than those exempted under § 121-2 below shall be commenced except in conformity with the provisions of this chapter.
[Amended 12-15-1992 by L.L. No. 2-1992; 6-24-2003 by L.L. No. 9-2003]
Before any excavation for purposes other than farming or home gardening or public use is commenced the owner or agent of the premises shall first obtain a written permit from the Village of Rye Brook for the proposed work and shall submit a plan prepared by a New York State licensed professional engineer, architect, or landscape architect that sets forth in detail the extent of the proposed excavation. Such statement and plan shall state and show the exact condition of the plot or premises before and after the proposed excavation.
Each application for such permit shall be accompanied by a detailed construction plan prepared by a New York State licensed professional engineer, architect, or landscape architect to scale, giving the location and dimensions of the premises upon which it is proposed to excavate and the location of any existing buildings; also a sworn statement, in writing, giving the full name and address of the owner of the premises and responsible person. All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least one original signed application form and five paper copies of all plans and surveys, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility.
[Amended 10-28-2014 by L.L. No. 9-2014]
All applications for such permit shall include an erosion and sediment control plan in accordance with Chapter 118, Erosion and Sediment Control.
A stormwater management plan or stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 217[1] of the Village Code shall be required. The stormwater management plan or SWPPP shall meet the performance and design criteria and standards of Chapter 217.
Editor's Note: See Ch. 217, Stormwater Management.
No such excavation shall be made within 10 feet of any street line unless adequate barricades are erected and maintained and adequate provisions made for the prevention of flying dust and unless the excavation is immediately refilled with clean, nonburnable fill containing no garbage, refuse, offal or any deleterious or unwholesome matter and dust-down or its equal is spread to prevent dust from flying and such premises are graded to the level of the abutting highway; provided, further, that in case of the removal of topsoil, there shall be left at least six inches of topsoil upon the surface from which topsoil is removed, and the area from which topsoil is taken shall be immediately reseeded with rye or other fast-growing vegetation until growth is established.
[Amended 12-15-1992 by L.L. No. 2-1992]
The Board of Trustees may, by resolution, permit an exception to this chapter to permit removal of topsoil upon a showing that there is excess topsoil and that there is good cause for removing the excess topsoil from the site. The Board may, in its discretion, impose requirements that the excess topsoil be removed to another site within the Village at no expense to the Village.
[Added 11-25-86 by L.L. No. 3-1986]
[Amended 12-15-1992 by L.L. No. 2-1992]
Before the issuance of a permit, the one to whom the permit is to be issued shall execute and file with the Village Clerk a bond or undertaking in a form approved by the Village Attorney of the Village of Rye Brook in an amount determined by the Board of Trustees on the recommendation of the Director of Public Works, but in no event less than $10,000.
[Amended 12-15-1992 by L.L. No. 2-1992; 8-26-2003 by L.L. No. 13-2003]
The Building Inspector of the Village of Rye Brook shall charge and collect for the aforesaid permit a fee in an amount set by resolution of the Board of Trustees. The current License and Fee Schedule is on file in the Village Clerk's office.
Such permit shall expire by limitation 30 days from the date of its issue unless extended.
Nothing contained in this chapter shall require a person to obtain a permit or prevent a person from removing topsoil from one part of his lands to another part of the same premises when such removal is necessary as an accessory use or is made for the purpose of improving said property.[1]
Editor's Note: Original Section 8, which immediately followed this section and dealt with penalties for offenses, was deleted 12-15-1992 by L.L. No. 2-1992.