The purpose of this chapter 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's Zoning Law and other applicable ordinances.
The enforcement officer shall administer and implement this
chapter of the Code by processing all applications and referring such
applications to the Planning Board.
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 Planning Board. The permit shall be valid for six months and can
be extended by action of the Planning 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 proposed site.
C. A plan showing all existing and proposed contour lines, amounts of
fill to be placed or displaced, location of trees over eight 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
chapter of the Code, which 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 Village issuing a permit.
G. Proof of liability 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 Planning Board
deems reasonable in reviewing the application.
The Planning 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 dead
wood, harvesting of firewood not to exceed four live trees per year
over eight inches in diameter measured four feet above ground level,
or for land development pursuant to, but not prior to, a building
permit, approved subdivision and site plan.
The applicant shall be required to post a performance bond,
money or other security acceptable to the Village, in an amount to
be determined by the Planning Board and in a form satisfactory to
the Village Attorney, 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 chapter. 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.
Penalties for violation of this chapter shall be in accordance
with the provisions set forth in the Walden Code.
All expenses incurred by the Village in connection with making
the necessary repair, including but not limited to any administrative
and legal costs relating thereto, either not covered by the performance
security or in excess of the performance security shall be assessed
against the land on which said clearing, filling and grading has occurred
and shall be levied and collected in the same manner as provided in
Article 5 of the Village Law for the levy and collection of real property
taxes.