[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan 4-21-1975 by L.L. No. 1-1975 (Ch. 38 of the 1971
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 67.
Driveways — See Ch. 73.
Environmental quality review — See Ch. 83.
Flood damage prevention — See Ch. 97.
Noise — See Ch. 119.
Property maintenance — See Ch. 137.
Quarrying and blasting — See Ch. 143.
Sewers — See Ch. 155.
Streets and sidewalks — See Ch. 167.
Subdivision of land — See Ch. 171.
Water — See Ch. 195.
Wetlands — See Ch. 203.
Zoning — See Ch. 211.
The title of this addition to the Code of the Village of Buchanan,
New York, shall be "Soil and Excavation Law."
The Board of Trustees of the Village of Buchanan, in order to
provide for the proper use of land in the Village and to remove the
dangers caused by soil erosion, filling operations, excavations in
the ground, sand and gravel excavation, the removal of trees, the
stripping of soil and alteration to the natural contour of earth as
it presently exists in the Village, thereby resulting in detriment
to the health, welfare and safety of persons and property in the Village,
the depletion of trees, soil and natural vegetative cover, damage
to agricultural crops, and depreciation in value and physical damage
to properties adjacent to such dangers, has enacted this Soil and
Excavation Law.
It is hereby declared to be the policy of the Board of Trustees
of the Village of Buchanan to provide for the proper use of land and
to regulate or prohibit excavation, removal of materials from, filling
up, draining, cleaning, operating and using any land, whether for
commercial or noncommercial purposes, in a manner which:
A.
Tends to create hazardous or dangerous conditions by creating pits,
holes or hollows in the earth, by creating or leaving unprotected
banks or ledges of exposed earth or by permitting or creating conditions
which cause the collection of water.
B.
Impairs the usefulness of the property involved or any surrounding
properties, fails to take into consideration the relation of residential
and commercial areas and the contouring of land with relation to remaining
portions of the land affected or neighboring areas, and tends to reduce
the value of the property in question or other property in the Village.
C.
Causes soil erosion which depletes the land of vegetative cover and
supply of organic material and results or tends to result in the washing
of the soil, erosion or interference with normal drainage.
D.
Diverts or causes water to collect on the property of others, interferes
with or overloads any existing or planned drainage facilities of the
Village, causes unnatural runoff or results in the collection of pools
of water, with the possibility of health and safety hazards or the
lowering of value of property affected.
This chapter shall apply only to lands located in the incorporated
area of the Village of Buchanan.
B.
ESCROW
EXCAVATION
EXISTING TREES
FILLING
SOIL
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A deposit of cash with the Village in lieu of an amount required
and still in force on a performance or maintenance bond. Such escrow
funds shall be deposited by the Village of Buchanan in a separate
account.
Any digging extending below the level of the natural contour
of the land, including but not limited to soil, sand, gravel, mineral
or other excavation of any kind.
Trees with a diameter of eight inches or more measured not
more than two feet above ground level or trees planted by the Village
of Buchanan or planted pursuant to subdivision or other applicable
regulations, ordinances or local laws.
Any depositing of soil, sand, gravel or other material above
the natural contour of the land.
A natural body of mineral and organic constituents.
A.
The following properties and uses shall be exempt from the provisions
of this chapter:
(1)
Any excavation or removal of existing trees, incident to public highway
construction or maintenance.
(2)
Any removal of trees, shrubs or soil (not amounting to an excavation),
or planting of the same, incident to the business of operating a nursery,
farm or sod farm.
(3)
A single parcel of property located in a residential zoning district which is owned and occupied by the same family unit and which is incapable of being further subdivided into two or more valid conforming lots pursuant to Chapter 211, Zoning, for the district in which the property is located, provided that the Building Inspector determines that there is no existing or potential danger to adjoining properties by virtue of fill or excavation operations. This provision shall not be construed so as to allow the impairment or removal of any shade tree planted on the property of any owner-occupier by the Village of Buchanan or by a developer pursuant to subdivision approval of the Planning Board or applicable local law, ordinance or regulation.
(4)
Any excavating operation in which fill or other material is removed
from the premises, where a building permit shall have been duly issued,
provided that the excavation is limited in area and bulk to that strictly
essential for and limited to the extent of the foundation, walls and
basement of such building or for the construction of a wall, driveway,
sidewalk, swimming pool, service connections or other structure or
underground tank, and which, excluding from consideration soil removed
which is actually replaced by a basement foundation, wall, swimming
pool, tank or other underground structure, does not involve any change
in the existing grade and contour.
(5)
Any excavation or filling operation in connection with a subdivision plan which has been duly approved by the Planning Board and which makes specific provision for grading, contouring and drainage in the manner deemed by the Planning Board appropriate to carry out the declaration of policy set forth in § 159-3.
B.
Nothing in this chapter shall be construed as to prevent the owner
or occupant of premises from moving topsoil, excavating or filling
his property by his own handwork, provided that no power tools are
used, other than garden tractors not exceeding six horsepower, and
that materials are not removed for the purposes of sale or enhancing
the value of other property.
No cut trees, timber, debris, rocks, stones, junk, rubbish or
other waste materials of any kind shall be buried in any land or left
deposited on any lot or street, except as approved by the Building
Inspector, upon site inspection. If a building permit has been previously
issued for the premises, no certificate of occupancy shall be issued
unless the conditions described above, which are not approved by the
Building Inspector, have been remedied; nor shall any building permit
or certificate of occupancy in the same subdivision be issued until
the conditions described, unless approved, also have been remedied.
A.
General. Prior to commencing any excavation or continuing any existing excavation or the moving or removing of existing trees and/or soil for any purpose other than those excepted under the provisions of § 159-6 of this chapter, the owner or his duly constituted agent of any premises subject to the provisions of this chapter must obtain a soil and excavation permit therefor from the Building Inspector.
B.
Application for permit. Each application for issuance of a permit
under this chapter shall be on a form prepared by the Building Inspector
and approved by the Planning Board; shall be filed in duplicate; shall
be signed by the owner or lessee, or agent of either, or by the building
contractor, engineer or architect employed in connection with the
proposed work; and shall be verified and shall contain or shall be
accompanied by the following:
(1)
The name and address of the property affected.
(2)
A description of the property in sufficient detail to identify the
same, and a statement as to the zone in which the property is located,
and a statement that the use in question is permitted in such zone.
(3)
The name and address of the person or corporation who will carry
out the operation.
(4)
A description of the proposed operation; the extent, in three dimensions,
of the proposed excavation; the volume of material proposed to be
removed; and the condition of the premises before the commencement
of and the proposed condition of the premises after the completion
of the proposed operation.
(5)
A site plan, prepared by a licensed engineer or land surveyor, drawn
to scale, showing the location and dimension of the premises to a
point 10 feet beyond the boundaries thereof and showing existing and
proposed contours at two-foot intervals referred to Village of Buchanan
datum (bench marks available), showing distances from street or highway
lines, distances from boundary lines of other owners, the proposed
location, size and use of any existing building thereon and cross
sections and elevations appropriate to indicate the effect of the
operation upon the contour and grade of the premises and upon the
relationship in contour and grade between the affected portion of
the premises and the remainder of such property and any abutting land
and highways after completion of the operation.
(6)
A duly acknowledged written consent of the owner and mortgagee, if
any, of the premises to the proposed operation.
(7)
A certificate of the applicant's engineer approving the proposed site plan and stating that the proposed operation and the finished grades of the premises after the completion thereof will not interfere with or overload any existing or planned drainage facilities of the Village, and will not cause erosion or other problems, will not cause water to accumulate and will not result in the outpouring of water or otherwise have an adverse effect on any thoroughfares or on the lateral stability or drainage of adjoining properties and is not contrary to the policy of § 159-3.
(8)
The manner in which the work is proposed to be done and the material
and methods to be used for proper dust control.
(9)
The period of time to complete such work, including restoration,
rehabilitation, filling of pits, excavations and other depressions
in the earth caused by excavation operations and all other types of
removal operations, which in no event shall exceed two years.
(10)
A certificate of insurance, establishing the extent of liability
of the applicant or contractor.
C.
Procedure. Within 30 days after filing of the application in proper
form, the Building Inspector shall either issue the permit or deny
the same, subject to prior review and approval by the Planning Board,
pursuant to the following standards:
(1)
The work will not interfere with surface drainage, endanger any street,
road, highway or municipal facility or interfere with support or drainage
of adjoining properties.
(2)
The property can be restored and rehabilitated so that it will not
cause soil erosion, drainage problems or create disturbance of land
in conflict with the established purposes of this chapter.
(3)
The work or its result will not cause substantial traffic hazards,
vibrations, noise, dust or sand.
(4)
The work or its result will not be in conformity to the natural topography
of land and will not change the established character of the neighborhood
or depress the value of lands generally in such neighborhood.
(5)
The period of time and the methods for the completion of the work
are reasonable.
(6)
Accessibility of the property involved in the application to fire
and police protection; access of light and air to the property and
to adjoining properties; traffic conditions; transportation requirements
and facilities; the general safety, health, peace, comfort and general
welfare of the community at large; whether the location and size of
the proposed use, the nature and intensity of the operations involved,
the size of the site in relation to the use and the location of the
site with respect to existing or future streets giving access to it,
parks and drainage systems, shall be such that it will be in harmony
with the Master Plan and Official Map of the Village of Buchanan and
that the location, nature and height of buildings, retaining walls
and fences will not discourage the appropriate development and use
of adjacent land, uses, structures and buildings or impair the value
thereof.
(7)
Operations in connection with any use shall not be more objectionable
to nearby properties by reason of noise, fumes, vibration or lights
than would be the operations of any use permitted by right.
D.
Requirements. The Building Inspector is herewith empowered to grant
a permit, after prior review and approval by the Planning Board, subject
to the following conditions where the Board determines that the nature
of the work requires the same:
(1)
The establishment of the permitted period of time for the completion
of the work.
(2)
The establishment of hours and days of operation, taking into account
the nature of the area in which the work is to be performed.
(3)
The construction of fencing and other safety precautions, specifying
the height and type of fencing or precaution and the location of the
same. No excavation shall be made below the grade of surrounding property
to a depth greater than four feet, unless the excavation is properly
guarded and protected by a substantial fence of proper height and
strength which will prevent children from climbing over such fence,
and with gates, which gates shall be locked at all times when the
property is not being worked.
(4)
The maximum slope and depth of any excavation, or fill, and the height
and slope of any material moved, or removed, shall be in accordance
with Village standards. All excavations and all conformations resulting
from grading or filling operations shall be drained so that water
or pools gathering in the bottom of such excavations shall not be
greater in depth than one foot.
(5)
The provision of access roads or other adequate means of access or
ingress, which shall have a surface satisfactory to the Planning Board.
(6)
The establishment of the minimum horizontal distance from any public
road or highway or from any adjoining boundary line of other owners
for any work to be performed.
(7)
No excavation shall be made nor shall any filling operation be conducted
which results in the deposit of topsoil, earth, sand, gravel, rock
or other substance upon or shall interfere with any natural watercourse
on or the natural drainage of the property; and at the termination
of the permit, the premises shall be roughly graded and, if necessary,
other provisions made of a permanent nature so that the natural drainage
shall be fully restored.
(8)
There shall be no interference with existing drainage, nor shall
the filling operation divert or cause water to collect on the property
of others or interfere with or overload any existing or planned drainage
facilities of the Village, endanger any road, street or highway within
the limits of the Village, or produce or enlarge areas from which
water will not drain; and provision shall be made for the temporary
drainage of the property during the filling operation, and for the
restoration of permanent drainage to be effective upon completion
of the operation.
(9)
Requirements for rehabilitation of the site in addition to those provided in § 159-10 of this chapter, where necessary.
(10)
The execution of a payment and performance bond or cash deposit
in an amount sufficient to secure the rehabilitation of the site and/or
to guarantee the faithful performance of the work in accordance with
the approval of the permit and all ordinances, laws, regulations or
the Village of Buchanan and all plans and specifications filed with
the application for the permit. Such bond shall be approved by the
Village Attorney as to form and manner of execution and sufficiency
of sureties and shall run for the same term as the term of the permit.
Default on such bond or deposit shall be declared by the Village Board
upon recommendation of the Building Inspector.
(11)
Such other conditions or requirements as the Planning Board
in its discretion shall determine to be necessary for the protection
of the health, safety and welfare of the public.
Whether or not a permit is required and under this chapter,
any person causing any excavation to be made shall provide such sheet
piling and bracing as may be necessary to prevent the earth of adjoining
property from caving in before permanent supports have been provided
for the sides of such excavation; and whenever provisions are lacking
for the permanent support of the side of an excavation, the person
causing or having caused such excavation to be made shall build a
retaining wall at his own expense, on his own land, such retaining
wall to be carried to a height sufficient to retain the adjoining
earth and to be in accordance with specifications acceptable to the
Village Engineer.
A.
All property shall be suitably graded and re-covered with an adequate
layer of soil satisfactory to the Planning Board, which shall contain
no particle over two inches in diameter, over the entire area of the
property, except that portion which had not been disturbed in construction
and that portion covered by structures, construction in roads, driveways,
walks, patios and swimming pools.
B.
Lawn grass seed shall be sown at a density satisfactory to the Planning
Board. In the spring, the seed shall be sown between April 1 and May
15; and in the fall, the seed shall be sown between August 15 and
September 30. The seed shall consist of a mixture of rye grass, permanent
bluegrass and/or fescue grass seed in a proportion satisfactory to
the Planning Board. All seed shall have been tested for germination
within one year of the date of seeding, and the date of testing shall
be on the label containing the seed analysis.
C.
No certificate of occupancy shall be issued until respreading of soil and seeding of lawn has been completed, except that between October 1 and April 1, and between May 15 and August 15, the developer shall submit an agreement in writing signed by developer and property owner, with a copy to the Building Inspector, that respreading of soil and seeding of lawn as set forth in Subsections A and B of this section will be done during the immediately following planting season as set forth in Subsection B and leave a cash escrow for performance, in such amount as shall be determined by the Building Inspector.
[Amended 6-18-1990 by L.L. No. 8-1990]
Every permit holder shall apply for an inspection of the premises covered by the permit, by the Building Inspector, at least 30 days prior to the termination date of any issued permit, together with the fee set forth in § 159-11. Upon inspection of the premises, the Building Inspector shall approve the application and issue a certificate of completion or shall disapprove the same, specifying his reasons therefor in writing, served upon the holder of the permit and setting forth a time period for correction. Upon failure of the permit holder to so correct within the time set forth, the Building Inspector shall request that the Village Board authorize a proceeding for violation of the chapter. Failure to apply for a certificate of completion within the time period set forth in this section shall be deemed to be a prima facie violation of the terms of this chapter.
A.
Whenever the Building Inspector determines that a violation of this
chapter or of the terms of any permit or order issued hereunder has
occurred, he shall serve a notice of violation by certified mail upon
the holder of any permit or, if none, the last known owner of the
property or properties as shown in the records of the Village Tax
Assessor, and shall give the violator at least 10 days to correct
such violation, plus three days for mailing.
B.
The Village Board shall, upon recommendation of the Building Inspector,
authorize commencement of a proceeding to enforce any violation of
the terms at any time after the period of time for correction of a
violation has passed.
C.
Whenever the Village Board determines that failure to comply with a violation notice constitutes a nuisance or safety hazard, it shall notify the holder of the permit or the record owner of the property of its findings by certified mail. If a period of at least 10 days elapses from service of the finding and there has been no correction of the violation, the Village Board may proceed to take whatever action is necessary to abate the nuisance, and the total expense of such abatement may be assessed by the Village Board on the real property on which such violation exists or was found, and the expense so assessed shall constitute a lien charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Village charges, or the Village Board may institute a suit to recover such expenses against any person liable therefor, in addition to such action taken pursuant to §§ 159-13B and 159-14.
Any person violating this chapter may be subject to a civil
or criminal penalty, enforceable and collectible by the Village, in
an amount up to $500 or six months' imprisonment, or both such
fine and imprisonment. Each week's continued violation is considered
a separate violation. Nothing contained in the preceding section of
this chapter shall prevent the Village Board from maintaining an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provisions of this chapter or any rules or regulations promulgated
hereunder.
