A.
It shall be unlawful for any owner, lessee, licensee,
applicant, excavator, firm, corporation, or other person or entity
to export, transport or remove any soil, earth, sand, gravel, humus,
or rock, or other mineral deposit from any land within the incorporated
Village of Woodbury and transport it off of the property from which
it was situated to another location within the Village of Woodbury
unless a special permit for such export, transport, or removal shall
have been duly issued by the Planning Board pursuant to the provisions
of this chapter.
B.
It shall be unlawful for any owner, lessee, licensee,
applicant, excavator, firm, corporation, or other person or entity
to export, transport or remove any soil, earth, sand, gravel, humus,
or rock, or other mineral deposit from any land within the incorporated
Village of Woodbury and transport it off of the property from which
it was situated to any location outside of the incorporated Village
of Woodbury unless a special permit for such export, transport, or
removal shall have been duly issued by the Village Board of Trustees
pursuant to the provisions of this chapter. Before final action is
taken by the Board of Trustees in accordance with this chapter, the
Board of Trustees shall refer said application for a special permit
to the Planning Board for a report and recommendation. Should the
Board of Trustees receive no such report and recommendation within
60 days, it shall take action in accordance with this chapter.
C.
The above-noted special permits shall be in addition
to any other permit or approval necessary or required by any federal,
state or local governmental agency, including, but not limited to,
all actions necessary and/or appropriate to comply with the State
Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
The application for a special permit required under the § 246-2 of this article shall be on a form available in the Building Department, which shall require, among other things, that the application be duly executed and verified by the owner of the premises where the removal of soil, earth, sand, gravel, humus, or rock, or other mineral deposit (hereinafter collectively or individually referred to as "material") is to take place indicating the owner's consent to such removal, and it shall be filed with the Building Department. Such application shall furnish all data and information as shall be required by the Code Enforcement Officer and/or the Village Engineer with respect to the proposed removal and, at a minimum, require the location and purpose of the proposed removal, the time required to complete the proposed removal, and the approximate phased and aggregate number of cubic yards of material to be removed and transported from the premises. Such application so filed shall be accompanied by the following:
A.
The name, address and telephone number of the applicant.
B.
A statement of consent from the owner of the premises,
if different from the applicant, including the name, address and telephone
number of the owner.
C.
The maximum amount of material to be moved in any
one day.
D.
The total quantity of material to be removed.
E.
The proposed date of start and completion of the work
and hours of operation.
F.
A topographical map prepared by a professional engineer,
duly licensed by the State of New York, drawn to scale, showing the
location and dimensions of the premises, the existing grades thereof
and the proposed finished grades thereof after completion of the proposed
excavation work, the size and use of any existing buildings thereon,
cross sections and elevations to indicate the effect of the proposed
excavation work upon the existing grades of the excavated premises,
and the relationship in grade, after completion of the proposed excavation
work, between the excavated premises and any abutting land and highways
lying within at least 50 feet of the excavated premises, and a proposed
grading and drainage plan.
G.
The destination of the material to be moved and the
route over which the material will be transported.
H.
All safety procedures and precautions to be followed
for the storage of any material on the premises which will ensure
that the subject property, abutting properties, driveways, walkways,
streets and other facilities will not be adversely affected by the
storage of said material, including all erosion and sediment control
measures which shall be implemented.
I.
A certification by a professional engineer, licensed
by the State of New York, that such material contains no materials
that are hazardous (as defined under any federal, New York State,
or local law, regulation or rule).
The application, and information attached thereto, shall be reviewed by the applicable Board as required in § 246-2 and may be refused or denied in the discretion of said Board, provided however, that if at the time of the making of said application the applicant requests a hearing in connection with the same, a date shall be set upon sufficient notice to afford the applicant an opportunity for such hearing. Said hearing shall be publicly advertised in the same manner and form as a public hearing, and the public shall be given an opportunity to comment at such hearing. If, after examination of the application, data, and hearing (if requested), the Board approves the application (with or without conditions), the Building Department shall issue a permit subject to the terms of this chapter and any conditions imposed by the applicable Board. Said permit shall be expire one year from the date of its issuance, unless extended by the applicable Board prior to its expiration for good cause shown. If, after examination of the application and other related data, the applicable Board denies the permit, the reasons for such denial shall be so stated. The grant or denial of a permit application shall be made within the later of 90 days of the filing of a complete application or 90 days after the close of the hearing, if any, unless mutually consented to otherwise by the applicant and the reviewing Board.
In considering the application, the Board of
Trustees or the Planning Board shall be guided by the general purposes
of municipal planning and shall take into consideration the following
factors:
A.
Soil erosion by water and wind.
B.
Surface water drainage.
C.
Soil fertility and soil-bearing capacity.
D.
Lateral support of abutting lands and streets.
E.
Public health and safety.
F.
Land values and uses.
G.
Whether the proposed work will create a nuisance.
H.
The proper restoration and/or reclamation of the premises
after excavation as to safety and aesthetics.
I.
The water table.
J.
The proposed erosion and sediment control plan.
K.
The proposed transportation route so as to prevent
any serious traffic problems and to protect the structural integrity
of Village highways.
L.
The environmental value of the material to the indigenous
property or to the Village of Woodbury, in consideration of the premise
that the alteration of any terrain in the Village during any development,
excavation, or other operations ought to be kept to a minimum so as
to preserve to the greatest extent practical the natural beauty of
the Village's landscapes, and that the exportation of material out
of the Village forever deprives the Village and its residents of a
natural resource.
M.
Such other factors as may bear upon or relate to the
coordinate, adjusted and harmonious physical development of the Village.
As a condition of any approval for any special permit under this article, the applicant shall file with the Village Clerk a suitable performance bond, in an amount as determined by the Village Engineer, issued by a bonding or surety company approved by the Village Board of said Village, and also approved by the Attorney for the Village as to its form, sufficiency and manner of execution, conditioned upon the faithful performance by said applicant of the proposed excavation, removal, exportation, and transport in its entirety, in accordance with this chapter and Chapter 310, Zoning. In the event of any failure of such performance at any time, any officers, employees and duly authorized agents of the Village may, upon direction of the Village Board, enter upon the premises and take all action thereon as is deemed necessary and appropriate by the Village Board to restore said premises to a safe, clean and properly appearing condition, and further that in the event of failure of such performance at any time, the Village Board may declare any performance bond filed by the owner, pursuant to this article, to be in default, collect the sum payable thereunder and use such bond proceeds to defray the expense of the aforementioned restoration of the premises, including the option, if necessary, to import fill to properly restore or make safe the premises.
No topsoil, i.e., the top layer of arable soil
to a depth of six inches, shall be removed from any excavated premises.
Before any earth, sand, gravel, humus, rock, or other mineral deposit
is excavated or removed from any part of the excavated premises, the
topsoil thereon shall be separated, stripped and neatly piled on the
premises so that such topsoil may be restored and respread over the
premises when the remainder of the materials have been removed, pursuant
to levels and contour lines approved by the reviewing Board.
Any mud, dust or debris carried onto any public
street, highway or road as a result of any excavation work in connection
with a special permit allowed by this article shall be scraped and
swept broom clean at the end of each working day.
By virtue of making an application for a special permit under
this article, and as a condition to any grant of a special permit
in this regard, the applicant and affected property owner thereby
consents that the Village Engineer, Code Enforcement Officer, Mayor
and/or any member of the reviewing Board shall have at all times a
right to inspect any property where a permit has been issued under
the provisions of this article. In order to facilitate this right
of inspection, the owners of said property shall cause sufficient
grade and boundary stakes to be put in place while work is going on
or about to commence as shall be set forth as a condition of any such
special permit.
An applicant shall deposit with the Village
funds sufficient to reimburse the Village for all reasonable costs
of consultant and expert evaluation and consultation to the Board
in connection with the review of any application. The initial deposit
shall be $7,500, unless and to the extent it shall be otherwise reduced
by the Village Board of Trustees as being unreasonable under the circumstances.
These funds shall accompany the filing of an application and the Village
will maintain a separate escrow account for all such funds. The Village's
consultants/experts shall bill or invoice the Village no less frequently
than monthly for its services in reviewing the application and performing
its duties. If at any time during the review process this escrow account
has a balance less than $2,500, or such other amount as set by the
Village Board of Trustees, the applicant shall immediately, upon notification
by the Village, replenish said escrow account so that it has a balance
of at least $2,500, or such other amount as set by the Village Board
of Trustees. Such additional escrow funds must be deposited with the
Village before any further action or consideration can be taken on
the application, and any applicable time limits for action by the
Village shall be extended accordingly. In the event that the amount
held in escrow by the Village is more than the amount of the actual
billing or invoicing at the conclusion of the review process, the
difference shall be promptly refunded to the applicant.
