[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 6-4-1979 as L.L. No. 3-1979. Sections 62-4, 62-5, 62-6, 62-7B, 62-8F and 62-9A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A lowering of the existing grade in excess of two feet, regardless of the area involved in such change, and/or any lowering of the existing grade over an area of 300 square feet or more.
- FILLING IN OF LAND
- Depositing of clean nonburning material free from garbage, refuse or deleterious matter to change the existing grade in excess of two feet, regardless of the area involved in such change, and/or the raising of the existing grade over an area of 300 square feet or more.
- STRIPPING OF TOPSOIL
- The removal of the overlying fertile mixture of sand, silt or clay containing organic matter to any depth for an area of 300 square feet or more.
Excavation of land, stripping of topsoil or filling in of land or the failure to remove the resulting condition from same after due notice from the Village Engineer, other than for the purpose of erection on the same lot of a building for which the building permit shall have been duly issued or executing a duly approved and bonded subdivision plan shall be unlawful except in conformity with the provisions of this chapter.
Excavation of land, stripping of topsoil for use off the premises or the filling in of land, except in connection with the construction of a building for which a permit shall have been duly issued or with the execution of a duly approved and bonded subdivision plan, shall be unlawful without a permit granted for the purpose in accordance with the provisions of § 62-4 below.
Application for an excavation, topsoil-stripping or filling-in-of-land permit shall be made with the Village Engineer by a sworn statement, in writing, containing or accompanied by the following:
The name and address of the owner of the property affected.
A statement of the reason for the application being made by the applicant; if other than the owner of the property, a verified consent of the owner must be attached to such statement.
A description of the property in sufficient detail to identify the same, indicating the section, sheet, block and lot numbers.
The name and address of the person or corporation who shall carry on the operation.
A boundary survey of the entire property of the owner, on which shall be delineated a boundary survey of the area to be worked, showing distances from street or highway lines, distances from boundary lines of other owners and, in the area to be worked and for a distance of 10 feet beyond the boundaries thereof, a site plan showing existing and proposed contours at five-foot intervals.
A statement from the applicant describing the proposed use of the property upon completion of the proposed operations.
A statement from the Village Treasurer certifying that there are no unpaid taxes or liens on the property affected.
A certificate of the Village Engineer approving the proposed site plan and certifying that, in his opinion, the proposed operation will not have an adverse effect on any thoroughfares or on the lateral stability or drainage of adjoining properties.
A surety bond in an amount estimated by the Village Engineer to be adequate to cover the cost to the village of completing the work in accordance with the approved grading or replacing the topsoil in the event that the applicant fails to do so.
Description of landfill material, if applicable, in sufficient detail to satisfy the Village Engineer, and the origin and location of fill material.
A permit issued under this chapter shall not be transferable, nor shall same be valid for a period of more than six months. Upon the expiration of a permit, an application for renewal of same accompanied by a sworn statement to the effect that there has been no change in the circumstances described in the original application and the filing fee provided in Chapter A112, Fees, shall be made to the Village Engineer. If any change in such circumstances has occurred, a complete new application shall be filed as set forth hereinbefore, but including a new site plan and bond only if the applicant proposes to depart from the originally approved plan.
Any applicant who has been refused a permit or has a permit suspended by the Village Engineer may appeal the denial to the Board of Trustees therefor, and the same may be granted or refused by the Board, and a permit already granted may be revoked for noncompliance with the provisions of this chapter or with the approved plan, as the Board may determine.
An appeal pursuant to this section must be made within 30 days after the date of ruling or decision of the Village Engineer.
Any surety bond filed in accordance with § 62-4 shall be released when there shall have been filed with the Village Clerk a certificate of the Village Engineer to the effect that, in all respects, the work proposed under the approved plan has been satisfactorily completed in full compliance with all provisions of this chapter.
If, subsequent to 60 days after completion of the operation or the end of the period for reseeding provided in this chapter, whichever is later, the Village Engineer shall determine that such certificate may not properly be issued, the bond or the deposit shall be forfeited and the village shall be entitled to the full amount thereof for the purpose of complying with the provisions of this chapter; provided, however, that if any amount of money remains after the village has completed its work in accordance with § 62-41, such excess money shall be returned to the surety or the person putting up the required deposit.
The operations under a permit granted pursuant to the provisions of this chapter shall be subject to the following conditions:
No excavation, stripping of topsoil or filling in of land shall be made within 50 feet of any public road or highway nor within 50 feet of adjoining boundary lines of other owners without the consent of the Board of Trustees.
No excavation shall be made below the grade of surrounding property to a depth greater than four feet, unless the excavation is properly guarded and protected by a substantial fence of a height of not less than six feet and not more than 10 feet and equipped with gates, which gates shall be locked at all times when the property is not being worked.
No filling in of land shall be made above the grade of surrounding property to a height greater than two feet, unless the sides of the fill have a slope not exceeding one vertical in four horizontal and proper methods for the prevention of erosion have been taken by the permittee and approved by the Building Inspector and the Village Engineer.
All excavations and landfill areas shall be drained so that water or pools shall not gather in the bottom of such excavations or landfills.
The excavated portions shall be refilled with clean non-burning fill containing no garbage, refuse or deleterious matter and shall be graded to the level of the adjoining property.
Storage of excavated materials or landfill materials shall not be permitted for a period exceeding three months, except that, upon good and sufficient reason therefor being shown at the time for filing of an application for renewal of a permit issued under this chapter, the Village Engineer may authorize such materials to be stored for a period not to exceed three additional months, and the storage of such materials shall, however, be in conformity with all other ordinances and local laws of the village.
In the case of a permit for the removal of topsoil, at least four inches of topsoil shall be left upon the surface from which topsoil has been removed, and the area from which such topsoil has been taken shall be reseeded with some suitable cover, such as alfalfa or grasses.
Processing of any kind or the erection or use of any structures, such as but not limited to hoppers, strainers, washers, crushers or sheds, shall be deemed to be a commercial use, pursuant to the restrictions of the Zoning Ordinance of the Village of Mount Kisco.
All access roads leading to any excavation, topsoil removal operation or landfilling operation shall be provided and maintained with a clean and dustless surface satisfactory to the Village Engineer, and the applicant shall solely pay for and remove all material and dirt off road surfaces.
No operation shall be permitted on Sundays or legal holidays, or before 8:00 a.m. or after 5:00 p.m. on other days.
Any person committing an offense against any provision of this chapter shall be punishable as provided in § 1-17A of this Code.
[Amended 7-19-1982 by L.L. No. 4-1982; 8-24-1992 by L.L. No. 9-1992]
Each day's continued violation or failure to remove the resulting condition shall constitute a separate additional violation. Notwithstanding the penalties herein provided, the village may enforce obedience to this chapter or any part thereof by injunction to restrain the violation thereof or by any other lawful remedies.