This chapter shall be known as the "Clearing, Filling and Excavation
Law of the Village of Wesley Hills."
The Board of Trustees of the Village of Wesley Hills hereby
finds that uncontrolled clearing, filling or excavating of land may
cause serious health, safety and environmental problems, including
erosion, siltation, flooding and other potential harmful effects.
It is the purpose of this chapter to prevent such harmful effects
and thus to promote the public health, safety and welfare in the Village
of Wesley Hills.
[Added 5-13-1986 by L.L. No. 2-1986]
A. Application. The application for any blasting permit required by
this chapter shall include the following items:
(1) A site plan including the following information:
(a)
The area proposed to be disturbed and its relation to neighboring
properties, together with buildings, roads, underground utilities,
and natural watercourses, if any, within 1,000 feet of the boundaries
of the said area. An inset map at a reduced scale may be used, if
necessary and helpful.
(b)
The area that is to be disturbed by the proposed blasting.
(c)
The location of any well, and the depth thereof, located within
500 feet of the proposed disturbed area.
(d)
The location of any sewage disposal system, any part of which
is within 500 feet of the proposed disturbed area.
(e)
The rehabilitation proposed.
(2) The name, address, and telephone number of the person in charge of
the proposed blasting operations.
(3) Evidence that such person is duly licensed to conduct blasting operations.
(4) A description of the blasting procedure to be used, including type
and amount of explosive charge.
B. Village Engineer review and report.
(1) The Building Inspector shall refer each application to the Village
Engineer for review and report in accordance with the standards and
requirements of this chapter.
(2) The Village Engineer shall review each application and report to
the Building Inspector as to whether or not the proposed blasting
operation poses a danger to persons and property in the vicinity of
the area proposed to be disturbed and whether the measures proposed
to protect persons and property from such danger are sufficient.
(3) The Village Engineer shall recommend to the Building Inspector which parcels of property should be specifically listed as additional named insureds on the certificate of insurance to be filed in accordance with the requirements of Subsection
D of this section.
C. Approval or disapproval. The Building Inspector shall approve or
disapprove the application for a blasting permit within 20 days of
the receipt of a complete application.
D. Required certificate of insurance. No blasting permit shall be issued
by the Building Inspector pursuant to this chapter until the applicant
shall have filed a certificate of insurance with the Village which
shall comply with the following requirements:
(1) The insurance carrier for the blasting contractor shall be an A-rated
company licensed to do business in the State of New York.
(2) The certificate of insurance shall name the required additional named
insured as follows: "The following are all named as additional named
insureds with all rights and privileges of the policy contract without
the responsibility to pay premiums: the Village of Wesley Hills and
the owners of each of the following lots as designated on the Town
of Ramapo Tax Maps:. . ."
(3) The blasting contractor shall maintain products liability and completed
operations liability coverage for a minimum period of two years after
completion of blasting operations.
(4) The certificate of insurance shall show premises operations liability
and completed operations liability coverages, with limits of liability
for bodily injury or property damage of at least $5,000,000, or such
lesser amount as the Building Inspector may accept after taking into
consideration the type and extent of proposed blasting activities,
and shall specify that explosion, collapse, and underground hazards
are included in such coverages.
(5) The certificate of insurance shall indicate the following cancellation
clause: "The coverage afforded under the policies will not be canceled
or allowed to expire unless 30 days' written notice is given to the
addressee of this certificate."
E. Required indemnification agreement. No blasting permit shall be issued
by the Building Inspector pursuant to this chapter until the applicant
shall have filed an executed indemnification agreement with the Village,
which shall provide as follows: "The contractor shall indemnify and
hold harmless the Village of Wesley Hills and its agents and employees
from and against all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from the performance
of the blasting work, provided that any such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property (other than the
blasting work itself), including the loss of use resulting therefrom,
and is caused in whole or in part by any act or omission of the contractor,
any subcontractor, anyone directly or indirectly employed by any of
them, or anyone for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemnified hereunder."
F. Required notice. Whenever a blasting permit shall be issued pursuant
to this chapter, written notice shall be given to property owners
at their respective addresses as shown on the latest assessment roll
of the Town of Ramapo as to all improved properties within an area
designated by the Building Inspector. Said area shall include all
properties which the Building Inspector shall determine may be substantially
affected by the proposed blasting. Said notice shall state the date
on which blasting is proposed to commence and the estimated date when
blasting will be completed. Said notice shall be mailed by certified
mail, return receipt requested, at least 10 calendar days before the
proposed commencement of blasting and shall be placed at each property
in a conspicuous place at least three days before commencement of
blasting. An affidavit of mailing or delivery of the notice, designating
the name and address of each property owner notified, shall be filed
with the Building Inspector before commencement of blasting. Failure
to furnish evidence of such notice shall be grounds for revocation
of a blasting permit by the Building Inspector.
[Amended 5-13-1986 by L.L. No. 2-1986]
Any person aggrieved by an action of the Planning Board or Building
Inspector in approving or disapproving an application before it under
this chapter may take an appeal therefrom to the Board of Appeals
of the Village of Wesley Hills.
The Code Inspector or Building Inspector shall issue and post
notices of violations of this chapter. In addition, by resolution,
the Board of Trustees may direct the Code Inspector or Building Inspector
to make such inspection and reports, initiate and take such court
proceedings and perform all other actions as required by the Board
of Trustees as may be necessary to enforce this chapter or to invoke
penalties for its violation.
Applications under this chapter shall be accompanied by a fee
as listed in the fee schedule adopted by the Board of Trustees.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
BUILDING
Any structure having a roof, self-supporting or supported
by columns or walls, which is permanently affixed to the ground and
intended for the shelter, housing or enclosure of persons, animals
or chattel.
LOT
A parcel of land, not divided by streets, as defined in Chapter
230, Zoning.
[Added 12-14-1999 by L.L. No. 2-1999]
LOT AREA
The total horizontal area included within the boundaries
of the lot.
[Added 12-14-1999 by L.L. No. 2-1999]
LOT LINE
A property line bounding a lot.
[Added 12-14-1999 by L.L. No. 2-1999]
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Included are swimming pools, parking garages and tennis
courts, but not anything requiring only simple paving or surfacing
of the ground, such as parking lots, driveways or sidewalks.
STRUCTURE, ACCESSORY
A building subordinate to the main building on the lot and
used for purposes customarily incidental to that of the main building.
Where an accessory structure is attached to the main building in a
substantial manner, as by a wall or roof, such accessory structure
shall be considered part of the main building.
SUBDIVISION CONSTRUCTION PLANS
Drawings as defined in and in compliance with all requirements of Chapter
193, Subdivision of Land, of the Code of the Village of Wesley Hills.
ZONING DISTRICT
A zoning district as specified in Chapter
230, Zoning, of the Code of the Village of Wesley Hills.
ZONING LAW
Chapter
230, Zoning, of the Code of the Village of Wesley Hills.