[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 4-17-1996 by L.L. No. 2-1996.
Amendments noted where applicable.]
This chapter is enacted to protect the safety,
health and property of the Village of Roslyn Estates and the safety,
health and property of persons who may be affected by the regrading
or filling of land within the village.
As used in this chapter, the following terms
shall have the meanings set forth herein:
The Building Official of the village.
The Planning Board of the village.
The Village of Roslyn Estates.
[Amended 2-7-2005 by L.L. No. 4-2005]
No work shall be performed or commenced for
the regrading or filling of land within the Village, except preliminary
surveying and engineering, unless a complete plan of development of
such land shall have been filed with and approved by the Planning
Board and a special permit shall have been issued by the Building
Inspector. The following work is hereby exempted from the provisions
of this section:
A.
Regrading of land which does not change existing contours
of the land by more than two inches within 20 feet of a property line;
or by more than six inches within 25 feet of a property line; or by
more than two feet within 45 feet of a property line.
A.
Such development plan shall be comprehensive and fully
engineered and shall show:
(1)
All the property owned or controlled by the applicant
and all adjacent property within 400 feet of the applicant's property.
(2)
All creeks, streams, waterways, drains, drainage facilities
existing and proposed and all topographical features.
(3)
All proposed streets and stormwater drains, the location
and type of existing and proposed sewers and sanitary facilities and
the proposed fencing of the area during the work, and any other necessary
protective features of the work.
B.
It shall also contain accurate contours showing existing
and finished grades.
C.
The plan shall be supported in all its features by
detailed and complete engineering data and accompanied by logs of
test borings made through any soft, silty, clayey or peat soils to
rock or, where there is no rock, into at least five feet of firm,
hard strata of sand, gravel or soils of like character. Such test
borings and the analysis of the borings shall be certified by a professional
soils engineer.
D.
It shall also contain construction data showing in
detail the method by which the applicant intends to comply with the
requirements of this chapter and a time schedule therefor.
E.
It shall also contain such additional data and information
as may be required by the Planning Board.
F.
Every plan for land development submitted to the Planning Board shall be accompanied by a written application, signed by the owner of the property which is the subject of the application or the owner's duly authorized agent, and a filing fee as determined by the Board of Trustees in Chapter 60, Fees, Costs, Deposits and Insurance.
[Amended 11-1-1999 by L.L. No. 2-1999; 6-1-2009 by L.L. No.
1-2009]
G.
Input with respect to proposed tree removal. The Planning Board shall refrain from rendering a decision with respect to any grading or fill application if the applicant requires a tree removal permit under Chapter 184 for any aspect of the project that is the subject of the grading or fill application, until the Planning Board has obtained input from the Village official or board having jurisdiction with respect to applications for tree removal; each applicant for grading or fill approval must state in his application either that he has duly applied to the Village for permits to remove all trees that he proposes to remove in connection with the proposed project, in which case a copy of such tree permit application shall be submitted as part of the grading or fill approval application, or that no trees are proposed to be removed in connection with the project.
[Added 4-25-2022 by L.L. No. 3-2022]
[Amended 11-1-1999 by L.L. No. 2-1999]
The Planning Board may impose conditions to the approval of any development plan as it may deem necessary to assure that the development will be carried out in accordance with this chapter, Chapter 200, Zoning, the Building Code,[1] Chapter 167, Subdivision of Land, and any other ordinances, laws, rules and regulations applicable generally throughout the village. The Planning Board may require the owner or developer to furnish a surety bond in form, amount and content satisfactory to the Planning Board to assure completion of the work shown on the approved plan within specified time limits and the performance of any other conditions or requirements that may be imposed. In addition, the Planning Board may require that a five-year maintenance bond, satisfactory to the Planning Board in form, amount and content, be furnished upon the completion and acceptance of the work, which bond shall assure the replacement or restoration of pavements, curbs, drainage systems or other work or installations damaged or becoming defective because of settlement or because of workmanship or use of inferior materials or from any other cause.
The Planning Board may, in its discretion, hold
a public hearing with respect to any plan submitted for its approval,
upon such notice as it may determine, at which hearing the owner or
developer and all persons interested may have an opportunity to be
heard.
All work and materials shall comply with the
requirements of this chapter, including the following:
A.
Filling.
(1)
All fill, regardless of whether the area to be filled
is larger or smaller than 20,000 square feet, shall be clean fill
consisting of sand or gravel or sandy or gravelly soils or material
considered by the Village Engineer as suitable for foundation purposes.
Silts, sandy clays or silty clays, peat and other highly organic swamp
soils, wood or wood products, tree stumps or branches, paper or paper
products, metal cans or containers or other trash, rubbish or garbage
shall not be used. Fill may be either dry or placed by hydraulic means.
(2)
The owner of the filled-in land, as well as the developer
and contractor, shall be responsible for any damage to public or private
property caused by filling or other work undertaken in the development
of said land.
B.
Stormwater drains and appurtenances. Stormwater drains,
catch basins and appurtenant structures shall be constructed of a
size and so located as to provide adequate drainage, in conformity
with the requirements of the Village Engineer, the Building Inspector
and any other ordinances, laws, rules and regulations applicable generally
throughout the village. As a minimum, the stormwater drainage system
must be able to contain a two-inch rainfall on site. All stormwater
drains must be of reinforced concrete or cast iron and shall be constructed
on a stabilized bed in conformance with the requirements of the Village
Engineer and the Building Inspector.
C.
Building requirements. In addition to the requirements
of zoning regulations and other applicable laws and regulations now
or hereafter adopted, every building designed or used for dwelling
purposes shall be constructed at an elevation of the first or ground
floor level as determined and approved by the Village Engineer or
the Building Inspector to assure compliance with applicable flood
damage prevention requirements, if any. All buildings, other than
temporary workers' shacks, shall be constructed with pile foundations
of a size and capacity approved by the Village Engineer or the Building
Inspector, which shall be driven to a point of resistance that will
carry the required load, unless otherwise permitted by the Planning
Board. A request by the applicant for a variance to the pile foundation
requirement must be supported by a report and analysis of tests conducted
by an approved professional soils engineer attesting that the compaction
of fill and of subsoil will properly support the foundations of the
buildings without piles.
The Planning Board may impose such additional
requirements as it may deem necessary or proper for the protection
and preservation of the safety, health, comfort and welfare of the
village or to carry out the purpose of this chapter.
The Village Engineer, the Building Inspector
and such other persons as may be designated by the Planning Board
shall have full right of inspection during the progress of the work.
The Village Engineer may cause tests to be made, at the cost and expense
of the developer or builder of the building, of any work or materials
or to determine the nature and bearing capacity of the soil and any
physical condition or other condition as he may deem necessary to
ensure compliance with this chapter and the building regulations of
the village.
A.
If the Village Engineer or the Building Inspector
shall determine that any work performed or intended to be performed
or any materials used or intended to be used do not comply with the
development plan or the provisions of this chapter, either of them
may order the work affected by such determination to be stopped until
he is satisfied that the violations have been corrected.
B.
The developer or builder may appeal, in writing, to
the Planning Board from such order of the Building Inspector or the
Village Engineer and, upon such appeal, the Planning Board may affirm,
modify or reverse the determination appealed from.
No building shall be constructed unless and
until a development plan of the filled-in area shall have been approved
by the Planning Board and a building permit issued by the Building
Inspector.
[Amended 11-1-1999 by L.L. No. 2-1999; 12-9-2013 by L.L. No.
7-2013]
A.
Each and every violation of, or failure to comply with, any provision
of this chapter shall constitute a violation, punishable upon conviction
by a fine of not more than $2,500 or imprisonment for a period not
to exceed 15 days, or both such fine and imprisonment. Each and every
day on which any such violation or failure occurs or continues shall
constitute a separate violation.
B.
In any instance in which existing grading of a parcel of real property
is modified, or fill is introduced to any parcel of real property,
in violation of any provision of this chapter, then, in addition to
any other remedies provided by law, the Village may institute an appropriate
action or proceeding, whether by legal process or otherwise, to prevent
such unlawful regrading or introduction of fill, or to restrain, correct
or abate such violation or to prevent the occupancy of any building,
structure or land with respect to which any such violation exists.
This chapter is remedial and shall be construed
liberally to carry out its stated purpose.
