[Added 9-16-1996 by L.L. No. 6-1996]
A.
Title. This article will be known as the "Excavation,
Erosion and Sediment Control Law."
B.
Purpose.
(1)
Excessive quantities of soil are eroding within
areas that are undergoing development for nonagricultural uses such
as housing development, roads and recreation areas in the Village
of Lloyd Harbor. This soil erosion makes necessary costly repairs
to gullies, washed out fills, roads and embankments. The resulting
sediment clogs storm sewers, muddies and silts streams, ponds and
surrounding waterbodies. Sediment is expensive to remove and diminishes
the use of water for its most beneficial purposes. Sediment filled
waterways can result in damage to wildlife habitat and be a threat
to the general health, welfare and safety.
(2)
The removal of protective topsoil, sod, earth
and gravel from areas in the Village results in the washing of silt
and mud into storm drains and catch basins thereby creating flooding
conditions and unnecessary erosion, storm damage, flooding, pollution
and other damage to the land so altered or to adjoining property and
destroys the natural rural aspect of the community.
A.
Application for excavation, erosion and sediment control approval. Except as provided in § 205-121, no stone, sand, gravel, topsoil, earth of any kind or other natural material shall be moved, removed or excavated in any way (including, without limitation, any such moving, removing or excavating in connection with the reduction or increase of any kind of grade) from or on any land in the Village, including land under water within the Village boundaries, unless approval shall first have been obtained as hereinafter provided.
B.
Compliance. No site plan for excavation on an improved
or unimproved lot or subdivision plat shall be approved unless it
includes soil erosion and sediment control measures as deemed necessary
by the Site and Building Permit Review Board in accordance with the
standards and specifications of this article. No approval for a certificate
of occupancy for any building will be granted unless all needed erosion
control measures have been completed or substantially provided for
in accordance with this article. The applicant shall bear the final
responsibility for the installation and construction of all required
erosion control measures according to the provisions of this article
and may be required, as a condition of approval, to post a performance
bond, or cash deposit, in an amount necessary to ensure the proper
construction and completion of the erosion control measures.
[Amended 12-18-2000 by L.L. No. 5-2000; 10-21-2002 by L.L. No. 3-2002]
C.
Data required from applicant. The applicant must submit
the following information for the entire tract of land effected by
the proposed project, whether or not the tract will be developed in
stages:
(1)
A boundary line survey of the site on which
the work is to be performed.
(2)
Description of the features, existing and proposed,
surrounding the site of importance to the proposed development.
(3)
Description of general topographic and general
soil conditions and contours on the site.
(4)
Location and description of existing and future
man-made features of the proposed development.
(5)
Proposed new surface contours.
(6)
Plans and specifications of soil erosion and
sedimentation control measures.
(7)
A construction schedule indicating the anticipated
starting and completion dates of the development sequence and the
time of exposure of each area prior to the completion of effective
erosion and sediment control measures.
D.
Approval.
(1)
Application. A separate application shall be
required for each excavation, erosion and sediment control request.
Plans, specifications and timing schedules shall be submitted with
each application. The plans shall be prepared or approved and signed
by a professional engineer or architect.
(2)
Hearing. Upon receipt of any such application,
the Board may, in its discretion, call a hearing for the consideration
thereof and may at such hearing take testimony and receive exhibits
from such witnesses it deems necessary or advisable to assist in its
determination with respect to the application.
(3)
Requirement. Upon review of a completed application, the Site and Building Permit Review Board shall approve, approve with conditions, or disapprove the application. Except as exempted by § 205-121, no person shall do any grading, stripping, cutting, filling or other site preparation without an approval issued by the Village Site and Building Permit Review Board.
[Amended 12-18-2000 by L.L. No. 5-2000; 10-21-2002 by L.L. No. 3-2002]
(4)
Grant of approval; conditions. The Board shall
grant approval to any applicant, either permanently or temporarily,
with or without conditions, if it finds affirmatively that the proposed
excavation is consistent with the health, safety, morals and general
welfare of the inhabitants of the Village and the community, is consistent
with all other ordinances and Articles of the Village and will not
create harm or damage to adjacent property. The Board shall state
in its approval such restrictions and conditions as it may deem necessary
or desirable to protect and preserve the property of the Village and
its inhabitants.
A.
Implementation. Since considerable soil erosion can
take place during construction, construction plans shall contain proposed
erosion and sediment control measures. These measures shall be incorporated
into the final plat and the final construction drawings and shall
apply to all features of the construction site, including street and
utility installations, as well as to the protection of individual
lots. Measures shall also be instituted to prevent or control erosion
and sedimentation during various stages of development.
B.
General design principles. Practical combinations
of the following general principles will provide effective sediment
control when properly planned and applied:
(1)
The subdivision and site plan shall be fitted
to the topography and soils so as to create the least erosion potential.
(3)
Permanent vegetation and improvements such as
streets, storm sewers or other features of the development, capable
of carrying storm run-off in a safe manner, shall be scheduled for
installation to the greatest extent possible before removing any existing
vegetation cover from an area.
(4)
Wherever feasible, natural vegetation shall
be retained and protected.
(5)
Where inadequate vegetation exists, temporary
or permanent vegetation shall be established.
(6)
The smallest practical area of land shall be
exposed at any one time during development.
(7)
When land is exposed during development, the
exposure shall be kept to the shortest practical period of time.
(8)
Critical areas exposed during construction shall
be protected with temporary vegetation and/or mulching.
(9)
Sediment basins (debris basin, desilting basins
or silt traps) shall be installed and maintained to remove sediment
from run-off waters from land undergoing development.
(10)
Provisions shall be made to effectively accommodate
the increased run-off caused by changed soil and surface conditions
during and after development.
(11)
The permanent final vegetation and structures
shall be installed as soon as practical in the development.
C.
Maintenance. Applicants, successors or assigns carrying
out excavation, soil erosion and sediment control measures under this
chapter shall adequately maintain all permanent erosion control measures,
devices and planting in effective working condition.
Nothing in this chapter shall be deemed to allow
or permit any commercial activity of any kind within the Village or
any moving, removing or excavating (including, without limitation,
any such moving, removing or excavating in connection with the reduction
or increase of any kind in grade) of natural material for commercial
purposes or for the sale thereof, and the same is prohibited, except
as may be permitted by and approved pursuant to this chapter.
No approval shall be required:
A.
If the amount of such material to be moved, removed
or excavated from any two-acre or larger parcel of land shall be less
in aggregate than 50 cubic yards within any two-year period, provided
that such work shall be done at least 100 feet distant from the mean
high-water mark of all neighboring bodies of water, and further provided
that such work shall be incident and necessary to the construction
or alteration of a walk, driveway, building or other lawful structure
on such land or to the landscaping thereof or planting therein.
B.
For the excavation for the basement of a building
for which a building permit has been duly issued, provided that the
plans submitted to the Building Inspector in the application for such
permit shall include the dimensions and salient details of such excavation.
C.
For any work done by the Village for public purposes.
Except as may be permitted by resolution of the Board, no stone, sand, gravel, topsoil, earth of any kind or other material shall be deposited in the bed of any watercourse within this Village or on any land lying within the Floodplain District as defined in Article VII of Chapter 205, Zoning. The term "watercourse," as used in this section, shall mean any waterway or other body of fresh, brackish or salt water having reasonably well-defined banks, including but not limited to harbors, sounds, bays, rivers, creeks, rivulets, lakes, ponds, vernal ponds and streams.
A.
Inspection. The requirements of this article shall
be enforced by the Building Inspector who shall inspect or require
adequate inspection of the work. If the Building Inspector finds any
existing conditions not as stated in any application or approved plan,
the Building Inspector shall refuse to approve further work and issue
a cease and desist order.
B.
Violations. Whenever, by the provisions of the Article,
the performance of any act is required or the performance of any act
is prohibited, a failure to comply with such provisions shall constitute
a violation of this article.
C.
Correction. All violations shall be corrected within
30 days following date of issuance of written notice to correct.
D.
Penalties. Any person, firm or corporation who violates, neglects, omits or refuses to comply with any provision of this article or any permit or exception granted hereunder or any lawful requirement of the Building Inspector shall be subject to violations and penalties set forth in § 205-72. To promote compliance with the provisions of this article, each day that a violation is maintained, following notification, it shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from further compliance with the provisions of this article.
E.
Fees. A fee schedule for permits and inspections based
upon relevant criteria shall be established by resolution of the Village
Board of Trustees.
All parts of this article shall be deemed severable.
Should any section, paragraph or provisions be declared invalid or
unconstitutional by the courts, such holdings shall not affect the
validity of the Article as a whole or any part thereof, other than
the part so declared. The Village Board hereby declares that it would
have enacted this article and each part thereof irrespective of the
fact that any one or more parts, section, subsection, phrase, sentence
or clauses be declared invalid.
