This chapter shall be known as the "Clearing, Filling and Excavation
Law of the Village of New Hempstead."
The Board of Trustees of the Village of New Hempstead 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 New Hempstead.
[Amended 6-5-1986 by L.L.
No. 11-1986]
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
As defined in Chapter
290, Zoning.
[Amended 5-22-2017 by L.L. No. 2-2017]
BUILDING, 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 building is attached to the main building in a
substantial manner, such as by a wall or roof, such accessory building
shall be considered part of the main building.
PLANNING BOARD
The Planning Board of the Village of New Hempstead. In the
event that no Planning Board has been created, the term "Planning
Board" shall be deemed to mean the Board of Trustees of the Village
of New Hempstead.
STRUCTURE
As defined in Chapter
290, Zoning.
[Amended 5-22-2017 by L.L. No. 2-2017]
SUBDIVISION CONSTRUCTION PLANS
Drawings as defined in and in compliance with all requirements of Chapter
255, Subdivision of Land, in effect in the Village of New Hempstead.
[Amended 6-5-1986 by L.L.
No. 11-1986; 11-22-2022 by L.L. No. 3-2022]
A. Findings. The Village Board finds that the uncontrolled and unregulated
excavation, filling and removal of soil has resulted and will result
in conditions detrimental to the public safety, health and general
welfare, deterring substantially the efforts of the Village to promote
and effectuate the general purpose of municipal planning.
B. Definitions. For the purpose of this chapter, the following terms
shall have the meanings:
MOVE
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land
or to transport or supply the same. This term shall not be construed
to include plowing, spading, cultivating, harrowing or disking of
soil or any other operation usually and ordinarily associated with
the tilling of soil for agricultural or horticultural purposes.
OWNER
Any person seized in fee simple of any lot.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter and any debris,
whether organic or construction debris, including, but not limited
to, asphalt and concrete.
TOPSOIL
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation.
C. No person shall move any soil or change or alter the grade of any
property within the Village of New Hempstead without first obtaining
a Clearing, Filling or Excavation (CFE) Permit.
D. Exceptions.
(1) The provisions of this chapter shall not apply to the following operations:
(a)
The moving of 50 cubic yards or less of topsoil within a twelve-month
period.
(b)
The moving of soil in an amount not exceeding 50 cubic yards
for use on the premises from which it is taken, provided that this
does not involve any substantial change in the topography of the premises.
(c)
The moving of up to 50 cubic yards of soil for use in connection
with the construction or alteration of the basement or foundation
of a building for which a proper building permit has been issued by
the Building Inspector or other Village Official of the Village of
New Hempstead.
(d)
The moving of soil for the installation of septic tanks or sanitary
disposal systems for which applicable permits have been issued by
the Rockland County Health Department, except for mounded systems.
(e)
The moving of soil for the installation of underground utility
lines, provided that all necessary permits have been issued.
(f)
The moving of soil for parking areas, provided that the required
permits have been obtained.
(g)
The moving of soil for detention or retention basins or similar
water control measures approved by the Planning Board or Board, provided
that such soil removal is only for development containing less than
two acres.
(h)
Abandoned wells, septic systems, or cisterns may be filled in
without a CFE Permit, provided that the owner of the lot or his agent
completes and files a permit form with the Village Engineer and/or
Rockland County Health Department prior to commencement of the work
to be performed.
E. Permit to be issued to owner; term of permit. No CFE Permit shall
be issued to any person other than the owner of the lot, and then
only if the excavation, moving or removing of soil from, in or upon
the lot is necessary for the immediate development of the property
and the normal grading of the lot concerning which the application
is made. No permit shall be issued for longer than one year.
F. The CFE Permit shall be issued by the Village Engineer or Planning
Board in the event the proposed development, alteration or project
requires Planning Board approval.
G. Major CFE Permit. A major CFE Permit involving the movement or removal
of 50 cubic yards or more of soil shall be required to be approved
by the Planning Board after a public hearing, with notice being required
to be given to all persons as set forth in the applicable provisions
of this Code for notices of public hearings.
(1) Land use procedures, of the Village Code. The issuance of a major
CFE Permit shall be by the Planning Board.
H. Application procedure. The procedure for applying for and issuance
of a CFE Permit shall be as follows:
(1) Form of application. The applicant shall submit to the Village Engineer
or Planning Board, as appropriate, 10 copies of an application which
shall include the following information:
(a)
The name and address of the owner of the land.
(b)
The description of the lands in question, including the lot
and block numbers of the land as shown on the current Tax Map of the
Town of Ramapo.
(c)
The purpose or reason for moving the soil.
(d)
The type and quantity in cubic yards of soil to be moved.
(e)
The location to which the soil is to be moved.
(f)
The proposed dates for commencement and completion of the work.
(g)
A description of the equipment to be used in the excavation
and moving of the soil, number and size of trucks and other vehicles
to be used.
(h)
Name and address of the person having express charge, supervision
and control of the proposed excavation work.
(i)
A listing of the route to be used by the vehicles in moving
or installing the soil.
(j)
A written statement of plans to control soil erosion.
(k)
Proof of liability insurance in such an amount and form as the
Village Engineer and/or Planning Board may require.
(l)
A statement granting permission to Village Engineer, his designee
and/or Village of New Hempstead Code Enforcement Officials to enter
the premises and make surveys and inspections as the work progresses.
(m)
Accompanying the application shall be a proposed topographical
map showing existing contours and finished grade contours.
(2) The quantity in cubic yards of soil involved in the work, as computed
from cross sections which shall be shown on the map.
(3) Such other pertinent data as the Planning Board may hereafter by
resolution require.
I. The Planning Board shall review and render a determination for a
major CFE Permit within 60 days after the submission of a completed
application.
J. Appeals. In the event any person is aggrieved by the action of the
Planning Board, such person, the applicant may, not later than 30
days after such action, appeal to the Village Board of Trustees. The
Village Board of Trustees may, by majority vote, sustain, or by a
3/5 vote of its entire membership, overrule, the Planning Board's
recommendation.
K. Permit: form and conditions. The CFE Permit shall be in such form
as may be approved by the Board of Trustees.
L. Review of application; issuance of permit. In considering the application,
the Planning Board or Village Engineer shall be guided by the following
factors:
(1) Soil erosion by water and wind.
(2) Surface and subsurface water drainage.
(4) Lateral support slopes and grades of abutting streets and lands.
(5) Preservation of trees and natural topography. In order to prevent
erosion, any owner or excavator removing soil shall leave as many
trees and undisturbed natural grade or topography as practicable in
all areas except where excavations are made for buildings, driveways
and streets. The application map made for such owner or excavator
shall show the existing trees over eight inches in caliper for the
consideration of the Planning Board.
(6) Whether the proposed work is necessary in connection with the immediate
development of property.
(8) The effect that the proposed removal of soil would have on individual
sanitary sewage disposal systems.
(9) Whether the proposed removal of soil constitutes a commercial activity.
(10)
Any other factor which is relevant to the coordinated, adjusted
and harmonious development of the Village.
M. If, after considering the above factors, the Village Engineer and/or
Planning Board, as the case may be, determines that the proposed moving
or redistribution of soil will not be detrimental to the health, safety
or welfare of the Village or its inhabitants, the necessary permit
shall be issued. Otherwise, the Village Engineer and/or Planning Board
shall deny the application and shall notify the applicant. Notice
of the grant or denial of the application shall be given to the applicant
within 60 days after a complete application is filed.
(1) The Planning Board and/or Village Engineer, as the case may be, may,
in their sole discretion, may refrain from considering and hearing
any application for a CFE Permit wherein soil has been moved onto
or within a property without prior application and approval having
been granted. The approving authority may decline to consider and
act upon an application until the site has been restored to its original
condition or until site conditions have been stabilized to the satisfaction
of the Village Engineer.
N. Required performance bond. No CFE Permit shall be issued by the Village
Engineer and/or Planning Board (as the case may be) 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 the same as to amount, form, surety and manner
of execution. The Village Engineer and/or Planning Board shall set
a reasonable time limit for the performance of the work shown on the
approved plans, 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.
O. General regulations. Soil moving or redistribution conducted in the
Village of New Hempstead shall be performed in accordance with the
following regulations:
(1) In operations for which a permit is required:
(a)
Operations shall be conducted so that there shall be no-sharp
declivities, pits or depressions.
(b)
Lands shall be graded to conform to the approved contour lines
and grades and shall be cleared of debris.
(c)
The top layer of soil to a depth of six inches shall not be
removed from the premises but shall be set aside and respread over
the premises when the remainder of the soil has been removed unless
it is deemed that the soil cannot be repurposed during the application
review process.
(d)
Adequate measures shall be taken to prevent erosion or the depositing
of soil on surrounding lands, streets or municipal facilities.
(2) In all operations, whether or not a permit is required:
(a)
All boulders, felled trees, tree stumps and other debris shall
be removed from the property.
(b)
In dry weather the person conducting such operation shall dampen
the ground where operations are conducted to prevent dust.
(c)
No trucks used shall be loaded above the level of the sides
of the truck, to prevent spillage, and all streets shall be cleaned,
at the applicant's expense, each day, of any spillage or soil
on such streets resulting from truck operations.
(d)
All truckloads shall be covered with tarpaulin and, if necessary,
treated by water or chemical to prevent flying dust.
(e)
No trucks, machinery or any part of the operation shall be conducted
before 8:00 a.m. or after 5:00 p.m. on weekdays nor at any time on
weekends or federal or state legal holidays without special conditions
stipulated on the CFE Permit.
(f)
All vehicles engaged in such operations shall use as routes
only those public streets which have been approved by the Planning
Board.
(g)
The entire area covered by the work shall be maintained and
left in such manner as not to create or maintain a nuisance or condition
hazardous to life and limb or to the health or general welfare of
the inhabitants of the Village of New Hempstead.
(h)
All excavation, removal and other mandatory ground cover work,
including restoration of property to final grades and subsequent seeding,
must be completed within one year from the date of the permit.
(i)
No more soil shall be removed than is reasonably necessary for
the development and use of the land.
(j)
No soil removal shall be allowed which shall cause drainage
to adjacent property or prejudicially affect the values of adjacent
properties.
(k)
All soils that are obtained for any soil movement must be obtained
from a reputable source.
(l)
All excavations and stockpiles shall be surrounded by silt fencing
and runoff protection.
P. Additional remedies.
(1) Nothing in this chapter shall be construed to prevent the Village
from taking injunctive proceedings to restrain the movement of soil
as described in this chapter.
(2) Declaration of nuisance. The Mayor and Board of Trustees may revoke
any permit granted under this chapter if the operation causes any
nuisance which can be shown to have been caused by the actions or
inactions of the applicant or its agents or employees and which is
prejudicial to the public health, welfare and safety. The applicant
shall be given fair and due process in connection with such revocation
within 15 days of such revocation.
(3) Temporary suspension of permit. When, in the judgment of the Ramapo
Police, Rockland County Sheriff or any other law enforcement officer,
or their designee, the moving and removal of soil causes a serious
and continued impediment to the passage of public traffic or endangers
the public health, safety or welfare, such law enforcement officer
or his/her designee, is authorized to temporarily halt such operation
until the danger to the public's health, safety and welfare is
abated. The judgment of the law enforcement Officer Police or his/her
designee, exercised in good faith, shall be conclusive.
(4) Bonds. Upon the recommendation of the Village Engineer and upon furnishing
the owner with written notice, the Village may levy upon any bonds
furnished to guarantee performance of the work set forth in the soil
permit or soil agreement. In the event that said bonds are insufficient
to cover the costs of performing or completing said work, then the
costs of said performance shall be assessed against the property and
shall become a lien upon said property.
Q. Permit fees and expenses. Any application required under this Chapter
shall be submitted to the Village Engineer or Planning Board, as appropriate,
with a fee payable to the Village in an amount computed at the rate
of $250 plus $1 per cubic yard, $1 multiplied by the number of cubic
yards to be moved as stated in the application and certified on the
topographical map, provided that in no event shall such fee be less
than $300.
(1) When the amount of soil to be removed or moved exceeds 500 cubic
yards, the applicant shall be required to submit an additional fee
for the CFE Permit of $2 per cubic yard to be moved or removed, together
with an amount determined by the Village Engineer or Planning Board
to cover the cost for review of the application by professionals,
provided that the fee in connection therewith shall be no less than
$1,500.
(2) In the event the Village Engineer or Planning Board shall determine
that the conduct of the soil movement operation requires the posting
of a full- or part-time traffic safety personnel, the applicant shall
be required to pay, in addition to the above fees, such additional
sums as are necessary to cover the expense for such personnel.
R. Violations and penalties. Any person who shall violate any 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 $5,000 or imprisonment not exceeding 15 days, or both
such fine and imprisonment. Each day's continued violation shall
constitute a separate and additional violation. 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 by provided by law.
[Added 6-5-1986 by L.L.
No. 11-1986]
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 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 New Hempstead 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, 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 New Hempstead 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: 1) 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 2) 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 6-5-1986 by L.L.
No. 11-1986]
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 Zoning Board of Appeals
of the Village of New Hempstead.
[Amended 6-5-1986 by L.L.
No. 11-1986]
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.
[Amended 6-5-1986 by L.L.
No. 11-1986]
Any person who shall violate any 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
$5,000 or imprisonment not exceeding 15 days, or both such fine and
imprisonment. Each day's continued violation shall constitute a separate
and additional violation. 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 by provided
by law.
[Amended 6-5-1986 by L.L.
No. 11-1986]
Referrals under this chapter shall be accompanied by a fee as
listed in the Fee Schedule adopted by the Board of Trustees.