[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.]
[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]
A.
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.
B.
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]
C.
All applications for such permit shall include an erosion and sediment control plan in accordance with Chapter 118, Erosion and Sediment Control.
A.
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]
B.
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]
[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.
