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 and other applicable laws.
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.
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.
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.
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.
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.