No person shall excavate, remove topsoil or alter topography, for any
purpose other than the construction of a permitted building or structure or
part thereof or an appurtenant driveway or walk, without a permit therefor
issued by the Building Inspector. No permit shall be issued for the construction
of a building or structure for which excavation, topsoil removal or topography
alteration is required until a permit shall have been issued as authorized
by this chapter; provided, however, that where such construction is, pursuant
to a subdivision plan, approved by the Planning Board of the Village of Hudson
Falls, such permit for excavation, topsoil removal or topographical alteration
shall be issued by said Planning Board.
No person owning land upon which any excavation has been made and no
person who has excavated or caused the excavation of any lands shall permit
any such excavation or any part thereof unoccupied by any building or structure
or part thereof to remain unfilled to grade level and unseeded after the expiration
of the permit period. No owner or occupier of land from which topsoil has
been removed and no person who has removed or caused the removal of such topsoil
shall allow the area from which topsoil has been removed to remain uncovered.
Such area shall be covered by other soil or fill and shall be seeded so as
to provide an effective cover crop within the first growing season following
such soil removal.
[Amended 3-16-1992 by L.L. No. 4-1992; 8-14-2000
by L.L. No. 9-2000; 10-12-2004 by L.L.
No. 6-2004]
Any person who shall be convicted of violating or failing to comply
with the provisions of this chapter shall be punishable by a fine not exceeding
$250 or imprisonment for a period not exceeding 15 days, or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of three years, punishable by a fine of not less
than $250 nor more than $500 or imprisonment for a period not to exceed 30
days, or both; and upon conviction for a third offense or subsequent offense,
all of which were committed within a period of five years, punishable by a
fine of not less than $500 nor more than $750 or imprisonment for a period
not to exceed 60 days, or both. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of a violation may be punished as
provided above for each separate offense.