[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.]
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.
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.
CLEARING
ENFORCEMENT OFFICER
FILLING
GRADING
As used in this article, the following terms shall
have the meanings indicated:
The removal of trees over five inches in diameter measured
at four feet above ground level, and shall include the stripping of
soil.
The Village Building Inspector, Police Chief, Mayor or other
person so designated by the Village Board.
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.
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.
J.
A certification from a professional engineer that
any fill material used in the Village is nontoxic and nonhazardous.
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.
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]
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.
