Village of Tuxedo Park, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park 2-21-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, § 1-12.
Building construction — See Ch. 36.
Hours for construction activity — See Ch. 70.
Permits and licenses generally — See Ch. 73.
Property maintenance — See Ch. 75.
Excavations in streets — See Ch. 83.
Subdivision of land — See Ch. 85.
Watershed protection — See Ch. 97, Art. III.
The purpose of this article is to promote the public health, safety and general welfare and to ensure that the clearing, filling and grading of properties are safely conducted in conformance with the Village Zoning Law[1] and other applicable laws.
[1]
Editor's Note: See Ch. 100, Zoning.
A. 
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
B. 
As used in this article, the following terms shall have the meanings indicated:
CLEARING
The removal of trees over five inches in diameter measured at four feet above ground level, and shall include the stripping of soil.
ENFORCEMENT OFFICER
The Village Building Inspector, Police Chief, Mayor or other person so designated by the Village Board.
FILLING
The placement of soil, rubble, spoil, rocks and/or any other appropriate fill on any property for the purpose of raising or elevating any portion of a property. "Filling" shall not include the burying of garbage, trash or hazardous materials of any kind. Nonhazardous refuse, demolition or construction waste originating within the Village may be deemed to be acceptable fill material.
GRADING
The changing or alteration of the surface of slopes of lawns or grounds on a site.
The Enforcement Officer shall administer and implement this article by processing all applications and referring such applications to the Village Board and Board of Architectural Review.
No person shall conduct or cause to be conducted any land operations to clear, fill or grade any property without securing a permit from the Village Board.
The following information or exhibits are required in order to secure a permit.
A. 
Engineering drawings showing the tax lot upon which the activity will be conducted.
B. 
The names and addresses and the section, block and lot numbers of all contiguous property owners, and the names and addresses and section, block and lot numbers of all property owners located within 500 feet of the boundaries of the site.
C. 
A plan showing all existing and proposed contour lines, amount of fill to be placed or displaced, location of trees over five inches in diameter measured four feet from the ground and road access to the site.
D. 
An erosion control plan.
E. 
Preliminary copies of any contracts to perform such clearing, filling and grading, which contract shall state that it is subject to this article and that a copy of this article shall be attached to and become a part of such contract.
F. 
Documentation regarding permit status with the New York State Department of Environmental Conservation prior to the issuance of a permit. Any New York State Department of Environmental Conservation permit required must be in effect prior to the issuance of a permit by the Village.
G. 
Proof of insurance adequate to cover the intended work pursuant to the terms of the permit. The Village shall be named as an additional insured on the applicant's policy. The applicant shall by a separate instrument agree to indemnify and hold harmless the Village from any claims arising out of the intended activity.
H. 
Completion date and any other information which the Village Board deems reasonable in reviewing the application.
I. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection I, which listed a completed environmental assessment form as a permit requirement, was repealed 3-18-2009 by L.L. No. 3-2009.
J. 
A certification from a professional engineer that any fill material used in the Village is nontoxic and nonhazardous.
K. 
A permit application fee in an amount set by resolution of Board of Trustees.[2]
[2]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
A. 
Public hearing. At its option, the Village Board may hold a public hearing on 10 days' notice. Notification of the proposed hearing shall be given by the applicant to all abutting property owners and all other owners of property within 500 feet of the intended site. Proof of such notice shall be given by certified mail, return receipt requested, and at the time of the public hearing, the applicant shall file proof of service of the notice of public hearing.
B. 
Referral. The Village Board shall refer the application and supporting documentation to the Board of Architectural Review and may refer such application to other Village agencies for their review and recommendation. The Village Board may engage the services of an independent consultant to review the application and supporting documentation, and the fees to be paid such consultant shall be reimbursed to the Village.
A. 
Operations shall be conducted only as provided in § 70-6 of this Code.
B. 
Clearing, filling and grading shall be done in such a manner as not to result in an increase of surface water runoff onto any other properties and shall not result in any condition which increases erosion or results in any unstable condition upon the site or adjacent properties or wetlands.
C. 
The Village Board may conduct appropriate surveillance of the site on a twenty-four-hour, seven-day-week basis until the activity is completed. The applicant shall be required as a condition of the permit to sign the permit authorizing the Village, its employees or agents, to enter onto the applicant's property to conduct the appropriate surveillance. Any and all costs for this service will be estimated by the Village Board prior to the issuance of a permit, and the applicant will then be required to post a certified check to cover such costs.
D. 
The Village Board may impose any other reasonable conditions on the permit, such as screening, access controls, dust controls, site security, etc., which the Village Board believes is necessary in order to adequately maintain the site.
The Village Board's permission to clear, fill or grade property shall not be required for the planting of landscaping, grading lawn areas, normal repairs to occupied property, correcting hazards representing an imminent threat to life or property, removal of deadwood, harvesting of firewood not to exceed four live trees per year over five inches in diameter measured four feet above ground level or for land development pursuant to but not prior to a building permit.
The applicant shall be required to post a letter of credit, performance bond or cash security deposit in an amount and form to be determined by the Village Board, to be posted with the Village Clerk to guarantee the satisfactory restoration of any state, County or Village roads or other public property which might be damaged as a result of the activities of the applicant in clearing, filling and grading pursuant to the terms of this article. In the event that the applicant fails or refuses to make the necessary repairs, the Village Board shall forfeit the performance bond or money security deposit in order to underwrite the expense in making such repairs.
The Village Board may impose a fine in the amount not to exceed 150% of the Village's actual costs incurred in correcting the conditions caused by noncompliance with this article including consequential damages paid by the Village. The fine of 150% shall be of the total costs to the Village regardless of any and all reimbursement to the Village by the applicant to cover those initial cost estimates.
The regulation and control of the extraction and removal of earth products and other excavations is necessary to protect and to prevent serious and irreparable damage to public health, safety and general welfare as well as to make effective the general purposes of comprehensive planning and zoning.[1]
[1]
Editor's Note: See also Ch. 75, Property Maintenance, Art. IV, Construction and Site Safety.
The excavation or removal of sand, gravel, stone or other minerals or the stripping or removal of topsoil from any land in the Village of Tuxedo Park without a currently effective permit issued by the Board of Trustees is hereby prohibited.
The following operations and uses are hereby excepted from the application of this article:
A. 
Excavation or removal of sand, gravel, stone or other minerals or removal of topsoil on premises owned or maintained by a municipality.
B. 
Excavation or removal of sand, gravel, stone or other minerals incident to highway, sidewalk or driveway construction or construction of a single-family residence on the same premises, provided that topsoil shall not be removed from the premises.
C. 
Excavation or removal of sand, gravel, stone or other minerals incident to the construction of a stormwater basin, recharge basin or drainage sump on the same premises, provided that topsoil shall not be removed from the premises.
D. 
The moving of topsoil or other earth from one part to another of the same premises as an incident to building, farming or landscaping.
A. 
The Board of Trustees may, upon application in a specific case and subject to appropriate conditions and safeguards to be prescribed by such Board, issue a permit for the excavation and removal of sand, gravel, stone or other minerals or for other excavation purposes or for the stripping or removal of topsoil if said Board finds that such action will not be contrary to the public health, safety or welfare and will not violate any other law.
B. 
An applicant for such a permit shall pay an application fee in an amount set by resolution of the Board.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.