[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 12-8-1987 by L.L. No. 7-1987 (Ch. 63A of the 1982 Code). Amendments
noted where applicable.]
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[1] and other applicable ordinances.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give this chapter its most reasonable
application.
B.
CLEARING
ENFORCEMENT OFFICER
FILLING
GRADING
As used in this chapter, the following terms shall have the meanings
indicated:
The removal of trees over eight inches in diameter measured
at four feet above ground level and includes the stripping of soil.
The Village Building Inspector or other person so designated
by the Village Board.
The placement of soil, rubble, spoils, rocks and/or any other
appropriate fill on any property for the purpose of raising or elevating
any portion of a property. "Filling" shall not include the burying
of garbage, trash, combustible or hazardous or toxic materials of
any kind. Demolition or construction waste shall not be acceptable
fill material.
The changing or alteration of the surfaces of slopes of lawns
or grounds on a site.
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.
D.
An erosion control plan.
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.
A.
Operations shall be conducted only during daylight hours.
B.
Prior to the issuance of a permit, the Planning Board shall hold
a public hearing on 10 days' notice. Notification of the proposed
hearing shall be given by the applicant to all abutting property owners
and all other owners of property within 500 feet of the intended site.
Proof of such notice shall be given by certified mail, return receipt
requested, and, at the time of the public hearing, the applicant shall
file proof of service of the notice of public hearing.
C.
The Planning Board may refer such application to other Village agencies
for their review and recommendation. The Planning Board may engage
the services of an independent consultant to review the application
and supporting documentation, and the fees to be paid such consultant
shall be reimbursed to the Village.
D.
Clearing, filling and grading shall be done in such manner as not
to result in an increase of surface water runoff onto any other properties
and shall not result in any condition which increases erosion or results
in any unstable conditions upon the site or adjacent properties or
wetlands.
E.
The Planning Board may contract appropriate surveillance of the site
on a twenty-four-hour, seven-days-per-week basis, until the activity
is completed. The applicant shall be required, as a condition of the
permit, to sign the permit authorizing the Village, its employees
or agents to enter onto the applicant's property and to conduct
the appropriate surveillance. Any and all costs for this service will
be estimated by the Planning Board prior to the issuance of a permit,
and the applicant will then be required to post a certified check
to cover such costs.
F.
The Planning Board may impose any other reasonable conditions on
the permit, such as screening, access controls, dust controls, site
security, etc., which the Planning Board believes is necessary in
order to adequately maintain the site.
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.[1]
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.
