[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 3-18-2008 by L.L. No. 2-2008 (Ch.
89 of the 2005 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Fill, Excavation and Grading Law" of the Village of Plandome
Manor.
This chapter is enacted to protect the health,
safety, welfare and property of the Village of Plandome Manor, its
residents, and the health, safety, welfare and property of persons
who may be affected by filling, excavating or grading of land within
the Village.
A.
No work shall be performed or commenced for the filling,
excavating or grading of land within the Village, except preliminary
surveying and engineering, unless a fill, excavation and grading permit
therefor has been issued by the Village Building Inspector.
B.
All applications for such permit shall require a complete
plan of development for the affected land as described within this
chapter.
C.
The following work shall require only the approval
of the Building Inspector prior to issuance of a permit:
(1)
Excavation for a cellar, basement, swimming pool,
drainage or sanitary facility or for the foundation of any structures
to be built on the site where the excess excavated material from these
excavations is to be removed from the site.
(2)
Grading of land which does not change existing contours
of the land by more than two feet within 20 feet of a property line
or by more than six inches within five feet of a property line.
D.
Work exceeding any of the above-cited thresholds shall
require application to and approval by the Board of Zoning Appeals
prior to the issuance of a fill, excavation, or grading permit by
the Village Building Inspector.
E.
Village work excepted. Filling, excavation and grading
performed by or on behalf of the Village shall be exempt from the
provisions of this chapter.
F.
Emergency. If the Building Inspector shall determine
at any time that the threat to the health, safety or welfare of property
or persons requires immediate action in order to abate an emergency
situation, the Building Inspector shall have the authority to allow
filling, excavating and/or grading work to be done as is necessary
to abate such emergency prior to the issuance of a fill, excavation
and grading permit. Notwithstanding the foregoing, an application
for a permit shall be filed for in accordance with the requirements
of this chapter.
A.
The 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 200 feet of the applicant's property.
(2)
Topography of the site drawn to a scale of not less
than one inch equaling 30 feet with existing and proposed contour
elevations using the National Geodetic Vertical Datum at an interval
of not less than two feet prepared by a licensed land surveyor.
(3)
All existing and proposed structures, drainage facilities,
creeks, streams or waterways.
(4)
Delineation of the limit of the area to be disturbed
and the actual area to be disturbed, shown in acres.
(5)
For areas of disturbance of 250 square feet or greater, a fully engineered stormwater pollution prevention plan in accordance with the requirements of Chapter 104, signed and sealed by a licensed professional.
(6)
All existing trees having a circumference greater
than 10 inches measured four feet six inches above the ground level,
locale and the type of trees.
(7)
Adequate provision to contain stormwater runoff from
the area of disturbance on the subject property as required by the
Village Engineer.
(8)
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.
(9)
Such additional data and information as may be required
by the Board of Zoning Appeals or the Building Inspector of the Village.
B.
Where fill is to be placed on soil suspected to consist
of soft clay, silt, peat or bog, test borings shall be made through
such soils, and the logs of such borings shall be provided along with
an analysis by a professional soils engineer of the effect that the
proposed fill will have on such soils and/or adjacent areas.
C.
Every plan for grading, excavation or placement of
fill must be submitted as part of a written application, signed by
the owner of the property which is the subject of the application
or the owner's duly authorized agent.
A.
Each application filed with the Building Inspector shall be accompanied by the applicable application fees and deposits as provided in Chapter A228.
B.
In any application requiring approval of the Board of Zoning Appeals, a separate application fee and deposit as provided in Chapter A228[1] to defray Village costs for legal, engineering, inspection,
advertising and other services in connection with the application,
shall be required. The applicant shall be chargeable with all such
Village costs. If the estimate of such costs exceeds the amount of
the deposit, such additional sum shall be deposited with the Village
before any permit shall be issued. Any sums deposited in excess of
actual costs shall be refunded to the applicant by the Village Clerk
who shall accurately record all costs incurred by the Village in connection
with such application, provided that demand is made within six months
after a certification of completion of work shall have been issued;
on default of such demand, said excess sum shall become the property
of the Village and shall be paid into the general fund.
The Board of Zoning Appeals shall hold a public
hearing with respect to any plan submitted for its approval, at which
time the owner/applicant and all persons interested shall have an
opportunity to be heard. The Board may waive the hearing requirement
in the event of an emergency or other event in which the health, safety
and welfare of property or persons may be imperiled.
The Board of Zoning Appeals or the Building Inspector, as applicable, may impose such reasonable conditions to the approval of any plan as it may deem necessary and adequate to assure that the work will be carried out in accordance with this chapter and Chapter 225 and all other statutes, laws, rules and regulations applicable generally throughout the Village. The Board of Zoning Appeals or Building Inspector may require the owner, developer and/or contractor to furnish a surety bond in form, amount and content satisfactory to the Board of Zoning Appeals or Building Inspector 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 Board of Zoning Appeals or Building Inspector may require that a maintenance bond, up to five years in duration and satisfactory to the Board of Zoning Appeals or Building Inspector 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, fill, bulkheads, dikes 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.
All work and materials shall comply with the
requirements of this chapter, including the following:
A.
Filling.
(1)
All fill, regardless of area to be filled, shall be
clean fill consisting of sand or gravel or sandy or gravelly soils
or material determined by the Village Engineer to be suitable for
foundation purposes. Silts, sandy clays or silty clays, peat or other
highly organic swamp soils, wood or wood products, tree stumps or
branches, paper or paper products, metal cans or containers, construction
debris, asphalt or other trash, rubbish or garbage shall not be permitted
or used.
(2)
Fill must be graded to a stable elevation to be determined
by the Village Engineer or other person designated by the Board of
Zoning Appeals to ensure proper drainage of the area involved and
the surrounding area.
(3)
Fill must be planted with grass or other vegetation
sufficient to prevent erosion.
(4)
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 grading, filling or excavating or other work undertaken
in the development of said land.
B.
Shorefront structures.
(1)
Bulkheads may be comprised of steel or other metal
of equivalent or greater durability, wood, poured concrete or stone.
The materials used for and the design in general of such structures
shall be subject to the approval of the Village Engineer or other
persons designated by the Board of Zoning Appeals.
(2)
No bulkhead, whether a part of a general development
plan as provided in this chapter or a separate construction project,
shall be constructed unless and until a building permit therefor has
been issued by the Village.
(3)
The provisions of Chapter 88 of the Village Code relating to applications for a building permit, the issuance of a building permit and the issuance of a certificate of occupancy shall apply to the construction of all shorefront structures, and all shorefront structures shall be considered to be a structure within the meaning and definitions of said laws.
C.
Stormwater drains and appurtenances. Stormwater drains,
diffusion wells, 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 and all
other statutes, laws, rules and regulations applicable generally throughout
the Village. 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.
The Board of Zoning Appeals or Building Inspector
may impose such additional requirements as it finds necessary or proper
to protect and preserve the safety, health, comfort and welfare of
the Village and its residents or to carry out the intent and purposes
of this chapter.
The Village Building Inspector, after approval
pursuant to this chapter directing the issuance of a permit has become
effective and after the receipt of such sum as may be required to
reimburse the Village for costs over and above the sum deposited for
such purpose and of performance bonds, if required, and the public
liability insurance policy, shall issue such permit in accordance
with the approval.
The Village Engineer, the Building Inspector
and such other persons as may be designated by the Board of Zoning
Appeals 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 owner, contractor or developer of the building
or premises, or 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 find necessary and adequate to ensure compliance
with this chapter and the building regulations of this Code.
Upon completion of a fill, excavation or grading
operation hereunder, the person to whom the permit therefor has been
issued shall submit to the Village Engineer a certificate from a competent
professional engineer, licensed by the State of New York, that the
work has been completed in accordance with this chapter and the Building
Inspector approval or the resolution of the Board of Zoning Appeals
directing the issuance of such permit, together with a survey showing
the final grades.
The applicant for a permit hereunder shall,
before the issuance thereof by the Village Building Inspector, file
with the Village Clerk, at his own expense and without any expense
to the Village:
A.
A bond with a surety licensed and authorized to do
such business in the State of New York, in an amount fixed in either
the Building Inspector approval or the Board of Zoning Appeals' resolution,
and in such form approved by the Village Attorney, and with the conditions,
if any, imposed directing the issuance of said permit, and a policy
of public liability insurance with independent contractors and contingent
liability coverage in the name of the Village of Plandome Manor, its
trustees, officers and employees, both officially and personally,
at the expense of the applicant and without cost to the Village, against
any liability which may arise from the removal or deposit of material
under such permit, whether or not the act or omission complained of
is the applicant's or any individual employed by the applicant or
by the Village, and covering any and all damage which may occur within
two years after completion of the operation under such permit, in
amounts, unless otherwise specifically required by the Village, of
not less than:
B.
A bond in an amount fixed in the Building Inspector
approval or resolution of the Board of Zoning Appeals and in such
form as approved by the Village Attorney, guaranteeing to the Village
that any and all damage to Village roads or other Village property
caused by the work performed under said permit shall be repaired to
the satisfaction of the Village Engineer.
The applicant shall, by the acceptance of a
permit hereunder, take and assume all responsibility for any and all
operations thereunder and shall take all precautions necessary for
the prevention of injuries to persons and property by reason of such
operations and shall assume the defense and indemnity of and save
harmless the Village, its officers and employees from any and all
claims arising out of or connected with operations under such permit
and any and all acts, omissions or negligence on the part of the applicant
and his agents and employees.
All operations under any permit issued pursuant
to this chapter shall be done in such a manner that the removal of
material and the redepositing and storage thereof will neither undermine,
weaken nor deprive of support other lands in the vicinity, nor otherwise
adversely affect the waterways in the Village or adjacent to the Village
land, the lands abutting thereon, nor, unless the permit issued pursuant
hereto shall expressly provide otherwise, substantially change the
course of any channel or the natural movement or flow of any waters
or cause to accelerate the drift of underwater soil, sand, gravel,
bog or mud.
A.
If 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 approved permit or the
development plan, any permit conditions imposed or any relevant provision
of this chapter, he may order the work affected by his determination
to be stopped until he is satisfied that the violations have been
remedied.
B.
The applicant may appeal, in writing, to the Board
of Zoning Appeals from such order of the Building Inspector and, upon
such appeal, the Board of Zoning Appeals may affirm, modify or reverse
the determination appealed from.
If any person to whom a permit shall have been
issued hereunder shall fail at any time to comply with the provisions
of this chapter or with the conditions imposed directing the issuance
of such permit, he shall, upon the direction of the Building Inspector,
immediately suspend all operations under such permit for such period
as may be prescribed by the Building Inspector, not exceeding 30 days,
and, upon the direction of the Building Inspector or Board of Zoning
Appeals, shall cease all such operations and remove all equipment
used in connection therewith and restore the area to its original
condition or such other condition as deemed appropriate by the Building
Inspector, and, upon direction of the Board of Zoning Appeals, such
permit shall be void, but the suspension and revocation of such permit
shall not relieve the permittee of any of his obligations thereunder.
For any and every violation of the provisions
of this chapter, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist,
and the lessee or tenant of premises where such violation has been
committed or shall exist, and the general agent, architect, building
contractor or any other person who knowingly commits, takes part or
assists in any such violation or who maintains any building or premises
in which such violation shall exist, shall be liable for a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
shall be punishable by a fine of not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, shall be punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. Such penalties shall
be collected as provided by law. Each week's continued violation shall
constitute a separate additional violation.
This chapter is remedial and shall be construed
liberally to carry out its stated purpose.
