[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 12-11-1984 by L.L. No. 17-1984. Amendments noted
where applicable.]
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.
A.
General regulations.
[Amended 5-13-1986 by L.L. No. 2-1986; 1-12-1988 by L.L. No. 1-1988]
(1)
Permit required. Except as provided in Subsection C or D hereof, a clearing, filling, or excavation permit from the Planning Board shall be required for any operation, which is hereby defined as:
[Amended 12-14-1999 by L.L. No. 2-1999]
(a)
Any
landfilling, excavation, regrading, removal, stripping, or disturbance
of topsoil, earth, sand, gravel, rock, or other substance from the
ground; or
(b)
The
establishment of a lake or pond; or
(c)
The
removal of trees 10 inches in diameter or greater, measured at a point
54 inches above ground level, on any vacant lot; or
(d)
On
a lot having a lot area of 1.5 acres or greater, the removal of trees
10 inches in diameter or greater, measured at a point 54 inches above
ground level, farther than 200 feet from an existing one-family residence;
or
(e)
The
removal of trees six inches in diameter or greater, measured at a
point 54 inches above ground level, within 20 feet of any lot line
on any lot for which a certificate of occupancy for a one-family residence
has not been issued.
(2)
No existing operation shall be extended in area, except as provided in Subsection D hereof, without first securing a permit therefor.
(3)
A blasting permit from the Building Inspector shall be required for
any blasting.
B.
Prohibited operations.
(1)
There shall be no processing of fill, topsoil, earth, sand, gravel,
rock or other substance from the ground on the premises except for
use on the same premises.
(2)
There shall be no operation commenced or carried on which is primarily
for the purpose of the sale or exchange of fill, excavated topsoil,
earth, sand, gravel, rock or other substance from the ground.
(3)
Material used for landfilling must be clean and nonbumable before
being delivered to the site. Such material shall not contain garbage,
disease-producing organisms, harmful radioactivity, or any other substance
which may be considered harmful by the Planning Board. No material
may be used for this purpose which will produce obnoxious odors or
either cause or require covering or other measures to prevent the
attraction of rats or other vermin, flies, mosquitoes, or other harmful
insects.
(4)
There shall be no blasting, jackhammering, or rock drilling activities commenced or carried on at any location within 100 yards of a church, school or camp as defined in Chapter 230, Zoning, of the Code of the Village of Wesley Hills, or any playground or recreational field associated therewith, during the hours when such church, school, or camp is used by children under the age of 18 years in connection with the operation thereof.
[Added 5-13-1986 by L.L. No. 2-1986]
C.
Other permits or approvals deemed a permit.
(1)
Building permit deemed a permit. A duly issued building permit for
a building and/or its accessory structures shall be deemed to be the
permit for such landfilling excavations and/or its accessory structures
and driveways, provided that the volume of any added fill or excavated
material removed from the property does not exceed two times the volume
of the cellar and foundation of the dwelling and/or accessory structures
for which the building permit was issued. The Building Inspector shall
suitably endorse the building permit to the effect that such landfill
and/or excavation and removal is permitted and shall specify thereon
the maximum volumes of added fill and/or excavated material which
may be removed.
(2)
Approved subdivision construction plans deemed a special permit.
Where the Planning Board has approved, with or without conditions,
the construction plans for proposed streets and drainage facilities
in new subdivisions, the approved construction plans shall be deemed
to be a duly issued permit for such operation within the rights-of-way
and slope rights of the proposed streets and areas reserved for drainage
facilities as may be necessary for their establishment, provided that
if there is to be landfilling and/or removal of excavated material,
said fill and/or removal shall be disclosed as an integral part of
the subdivision plans. All operations outside such street right-of-way
and slope rights and drainage facilities shall be subject to the permit
and approval requirements of this chapter, unless such operation is
shown on an approved grading plan as part of said construction plans,
the rehabilitation of the disturbed areas is bonded as a condition
of subdivision approval, and provided, if there is to be landfilling
and/or removal, said operation shall be disclosed as an integral part
of the subdivision plans. For the purposes of this section, the term
"Planning Board" shall be deemed to include the Planning Board of
the Town of Ramapo.
(3)
Approved site plans deemed a special permit. Where Chapter 230, Zoning, requires the approval of a site plan and when, in the opinion of the Planning Board, the finished elevations shown on these plans are necessitated or required for the intended land use and/or by other provisions of this chapter, the approved final site plan shall be deemed to be a duly issued permit for the necessary landfilling and/or excavation and removal of material from the property, provided that the rehabilitation of the disturbed areas is bonded as a condition of site plan approval and provided that such operation is disclosed as an integral part of the site plan. For the purposes of this section, the term "Planning Board" shall be deemed to include the Planning Board of the Town of Ramapo.
D.
Exceptions.
(1)
Waiver. The Planning Board may waive the permit requirements for
an excavation or filling operation involving less than 100 cubic yards
of material.
(2)
Village of Wesley Hills. The provisions of this chapter shall not
apply to operations conducted by or for the Village of Wesley Hills
or any department or agency thereof.
(3)
Farming. The provisions of this chapter shall not be construed as
prohibiting or limiting the normal use of land for farming or gardening
or similar agricultural or horticultural uses in any district.
(4)
Lawns and gardens. The provisions of this chapter shall not be construed
as prohibiting or limiting the normal addition of topsoil or fertilizer
to lawns and gardens or the addition of gravel or material for the
primary purpose of improving or beautifying the surfaces of previously
graded areas.
A.
Application. The site plan required for an application for any clearing,
filling or excavation permit required by this chapter shall include
the following items:
[Amended 5-13-1986 by L.L. No. 2-1986[1]]
(1)
The area proposed to be disturbed and its relation to neighboring
properties, together with buildings, roads, and natural watercourses,
if any, within 250 feet of the boundaries of the said area. An inset
map at a reduced scale may be used, if necessary and helpful.
(2)
The area that is to be disturbed by the proposed excavation or landfilling.
(3)
The estimated maximum quantity of material to be excavated and/or
removed and the estimated maximum quantity that will be used for regrading
or filling, computed from cross sections of a proposed excavation
or disturbed area.
(4)
A description of any material to be used for landfilling, and, where
fill is to be brought onto the premises, its source, method of transport
and estimated volume.
(5)
The location of any well, and the depth thereof, and the location
of natural watercourses, if any, located within 50 feet of the proposed
disturbed area.
(6)
The location of any sewage disposal system, any part of which is
within 50 feet of the proposed disturbed area.
(7)
Existing topography of the area proposed to be disturbed at a contour
interval of not more than two feet. Contours shall be shown for a
distance 50 feet beyond the limits of the proposed disturbed area.
(8)
The proposed final contours at a maximum contour interval of two
feet.
(9)
The location and present status of any previous operations of the
type contemplated by this chapter on the property within the preceding
year.
(10)
The details of any drainage system proposed to be installed and maintained
by the applicant, designed to provide for proper surface drainage
of the land, both during the performance of the work applied for and
after the completion thereof.
(11)
If a proposed excavation is for the purpose of making a lake or pond,
the details of the proposed construction of the dam or other structure
or embankment intended to impound the water, together with the details
and location of proposed discharge and of a valved outlet for drainage
purposes.
(12)
The rehabilitation proposed, and the estimate of the cost of such
work in accordance with the standards in this section.
B.
Board action. The Planning Board shall approve, approve with conditions
or disapprove applications under this chapter within 30 days of the
receipt of a complete application.
C.
Village Engineer review and report.
(1)
The Planning Board shall refer each application to the Village Engineer for review and report in accordance with the standards and requirements of this chapter and Chapter 230, Zoning. The Village Engineer shall prepare and submit a report setting forth his findings and recommendations to the Planning Board.
(2)
The Village Engineer's report shall state whether or not the
following criteria are met:
(a)
The location and size of the proposed operation, the nature
and intensity of the work involved and the size of the site in relation
to the operation are such that, upon completion of the operation and
the establishment of the permitted use, the site will be in harmony
with the appropriate and orderly development of the area in which
it is located.
(b)
The proposed operation is not in conflict with any requirement of this chapter, Chapter 230, Zoning, or any other local law of the Village of Wesley Hills.
(c)
The proposed operation is incidental to the establishment, improvement
or operation of a use permitted in the zoning district in which the
property is located.
(3)
The Village Engineer report shall include an estimate of the amount
of performance bond to be furnished by the applicant and any special
condition or other safeguards deemed necessary or desirable for the
proposed operation. Said estimate and recommended conditions shall
be included even if the Village Engineer recommends denial of the
application.
D.
Required performance bond.
(1)
No clearing, filling or excavation permit shall be issued by the
Planning Board pursuant to this chapter until the applicant shall
have posted a performance bond with the Village insuring conformance
with the approved plans and all applicable regulations, restrictions
and special conditions. Such performance bond shall become effective
only if and when the Board of Trustees shall have approved same as
to amount, form, surety, and manner of execution. The Planning Board
shall set a reasonable time limit for the performance of the work
shown on the approved plan, not to exceed two years, except in the
case of continuing operations contemplated by this chapter, in which
case a permit shall only be extended if the bond is correspondingly
extended by the Board of Trustees.
[Amended 5-13-1986 by L.L. No. 2-1986]
(2)
Permits issued under this chapter shall expire within the time limit
set by the Planning Board as provided herein, except that the Planning
Board, after complete review of all plans and examination of work
accomplished and proposed, may extend permits for such further periods
of time as may be fixed by the Board.
E.
Rehabilitation of site.
(1)
Upon completion of the work permitted, the site shall be rehabilitated
in accordance with the following standards:
(a)
The final slope shall be finished at a slope no steeper than
one foot vertically for each two feet horizontally for any material
other than rock, except where supported by a retaining wall or foundation.
Finished surface excavated to fast rock shall have a slope no steeper
than six feet vertically for each one foot horizontally.
(b)
Excess materials shall first be used in filling all open pits,
quarries, etc., and the remaining material shall either be removed
from the premises or smoothed and covered with topsoil and seeded
as hereinafter provided.
(c)
A minimum of four inches of topsoil shall be replaced over all
ground surfaces exposed by any operation contemplated herein, except
rock, roads, driveways, parking places, garden spaces and surfaces
excavated below high-water marks of lakes, ponds, or streams, so that
a stand of grass or other permanent cover will be established within
two growing seasons. These ground surfaces shall be seeded as required
to prevent erosion before the permanent cover becomes established.
(d)
Where a permit has been issued for an excavation for the purpose
of making a lake or pond, the provisions of this chapter applicable
to regrading, refilling, and seeding shall not apply to that part
of the excavation below the high-water mark of such lake or pond.
(2)
Upon completion of all rehabilitation work, the applicant shall notify
the Planning Board. The Planning Board shall make or cause to be made
a field inspection of the site to determine if all work has been completed
in accordance with the terms of the permit and the approved plans.
The Planning Board may request the assistance of the Village Engineer
in the determination of the degree of compliance. The Planning Board
shall make a report to the Board of Trustees upon the completion of
its investigation, describing the degree to which the operation is
in conformance with the terms of the permit and plans, together with
its recommendation as to the release of the performance bond posted.
[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.
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.
A.
Any person who shall remove a tree for which a clearing permit is required pursuant to § 95-3A(1) of this chapter, without having first obtained a clearing permit therefor, or who shall knowingly assist therein, shall be liable to a fine of not more than $5,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment. The removal of each such tree without a permit shall constitute a separate and additional violation.
B.
Any person who shall violate any other provision of this chapter
or any other regulation made under authority conferred thereby, or
who shall build or alter any structure or use any land in violation
of any statement or plan submitted and approved thereunder, or who
shall knowingly assist therein, shall be liable to a fine of not more
than $2,500 or imprisonment not exceeding 15 days, or both such fine
and imprisonment. Each day's continued violation shall constitute
a separate and additional violation.
C.
In addition to the foregoing provisions, the Village shall have such
other remedies for any violation or threatened violation of this chapter
as are now or may hereafter be provided by law.
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:
The Board of Appeals of the Village of Wesley Hills.
The Board of Trustees of the Village of Wesley Hills.
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.
The Building Inspector of the Village of Wesley Hills.
The Code Inspector of the Village of Wesley Hills.
A parcel of land, not divided by streets, as defined in Chapter 230, Zoning.
[Added 12-14-1999 by L.L. No. 2-1999]
The total horizontal area included within the boundaries
of the lot.
[Added 12-14-1999 by L.L. No. 2-1999]
A property line bounding a lot.
[Added 12-14-1999 by L.L. No. 2-1999]
As defined in § 95-3A of this chapter.
The Planning Board of the Village of Wesley Hills.
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.
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.[1]
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.
The Village Engineer of the Village of Wesley Hills.
A zoning district as specified in Chapter 230, Zoning, of the Code of the Village of Wesley Hills.
Chapter 230, Zoning, of the Code of the Village of Wesley Hills.
