Excavation or grading activities on any lot are regulated under
this article and are permitted only under an excavation or grading
permit granted by the Building Inspector.
Before any permit for excavation or grading shall be granted,
a written application shall be submitted to the Building Department,
together with an application fee in accordance with the City of Beacon
Fee Schedule, a cost estimate of the project and maps and plans, prepared
by and bearing the seal of a land surveyor or professional engineer
licensed to practice in the State of New York, showing the following:
A.
The area to be excavated or graded.
B.
Existing contour lines on the premises and proposed contour lines
resulting from the intended excavation or removal, shown on a map
drawn to a scale of not less than 100 feet to the inch and with a
contour interval not to exceed two feet.
C.
Existing and proposed drainage on the premises.
D.
Existing state or federally regulated wetlands, rivers, streams or
watercourses on or adjacent to the premises.
E.
Adjoining properties and streets.
F.
Proposed truck access to the property.
G.
Such additional information as the Building Inspector or City Engineer
may deem necessary in order to decide upon such application.
H.
Erosion and sediment control to be employed during operations and
restoration.
A.
Each application for an excavation or grading permit shall be referred
to the City Engineer by the Building Department within five days of
the date of application. Within 30 days of the date of referral, the
City Engineer shall forward its recommendation to the Building Inspector
and shall indicate whether the application should be approve, disapproved
or approved with modifications. The City Engineer shall take into
consideration whether such excavation will result in the creation
of any sharp declivities, pits or depressions, soil erosion or fertilize
problems, decrease property values, create any drainage or sewerage
problems or other considerations which would impair the use of the
property in accordance with the Zoning Ordinance.[1]
In acting on any application for an excavation or grading permit,
the Building Inspector shall take into consideration the recommendations
of the City Engineer. The Building Inspector may grant an excavation
or grading permit for a limited period of time, not exceeding two
years, if he or she determines that such excavation will be in harmony
with the general purpose and intent of the Zoning Ordinance,[1] and if the Building Inspector further finds that the excavation
or grading permit to be granted is capable of being completed within
the time provided in the permit.
An excavation or grading permit shall be granted only subject
to the following standards and conditions:
A.
That the premises shall be excavated and graded in conformity with
the proposed contour plan, as approved.
B.
That slopes shall not exceed 30° to the horizontal or such lesser
slope that the City Council may specify as necessary for the public
health or safety, soil stability or for the reasonable use of the
property after completion of the excavation.
C.
That no fixed machinery shall be erected or maintained in connection
with the excavation and that no building shall be erected on the premises
except temporary shelters for machinery and a field office.
D.
That there shall be no excavation or removal within 50 feet of any
street or property line, except that, where the property to be excavated
is considerably above street grade at the street line, removal may
take place at a lesser distance from the street line if approved by
the Building Inspector or City Engineer.
E.
That no regulated wetlands or required buffers be disturbed without
proper state or federal approvals and that there shall be no sharp
declivities, pits or depressions and that proper drainage will be
provided to avoid stagnant water, soil erosion and water pollution.
F.
That after excavation or removal, the premises shall be cleared of
debris within the time provided in the permit.
G.
That the top layer of arable soil for a depth of six inches shall
be set aside and retained on the premises and shall be respread over
the premises and that a suitable ground cover shall be planted and
grown to an erosion-resistant condition, upon the completion of the
excavation or removal, in accordance with the approved contour lines,
and that such work shall be completed within the time provided for
in the permit.
H.
If required by the Building Inspector or City Engineer, that the
area to be excavated or a portion thereof shall be enclosed within
a fence of such type, height and location as the Building Inspector
may specify.
I.
That the Building Inspector or City Engineer may establish a schedule
to be filed with the records of such application and excavation or
grading permit showing limitations on the day of the week or the hours
of the day during which any work may be performed on the premises;
limitations as to the size and type of machinery to be used on the
premises; place and manner of disposal of excavated material; and
requirements as to the control of dust, noise and lighting, if permitted,
so as to prevent results injurious or offensive to the general public.
J.
That the Building Inspector may require the applicant to submit periodic
reports, prepared by and bearing the seal of a land surveyor or professional
engineer licensed to practice in the State of New York, showing the
status and progress of the excavation, and may require the applicant
to pay to the City an inspection fee in an amount deemed necessary
by the Building Inspector or City Engineer to defray the cost of inspection
of the operation.
The applicant shall file with the City Clerk a performance bond,
in form and with surety acceptable to the City Council, in such amount
as the Building Inspector or City Engineer may deem sufficient to
insure the faithful performance of the work to be undertaken.
Any excavation or grading permit issued pursuant to the provisions
of this article may be revoked by the Building Inspector, after written
notice to the applicant, for violation of any conditions of the excavation
or grading permit; violation of any provision of this article, or
any other law or regulation relating to the work permitted; or the
existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the life or property of another.
Written notice shall be served by registered mail, return receipt
requested, and by regular mail, to the applicant at the address shown
on the application. The notice shall describe the reasons why the
City is revoking the permit.
An excavation or grading permit is not required for conduct
of one or more of the aforesaid regulated activities in the following
cases, provided that the activity is conducted and completed in such
a manner as to cause no danger to the public health and safety and
no stagnant water, soil erosion, sedimentation, water pollution, excessive
drainage runoff or flooding problems:
A.
In connection with a bona fide landscaping or other site improvement
on a lot, provided that no fill is deposited within a watercourse,
water body, swamp or other wetlands, and provided that disturbed areas
are properly graded and reseeded or otherwise planted.
B.
In connection with the grading of land in or the construction and
installation of roads, drainage and other improvements in a subdivision
plat granted final approval by the Planning Board and only in accordance
with plans as approved by the Planning Board.
C.
In connection with the construction, reconstruction, enlargement,
moving or structural alteration of a building or other structure,
including construction and installation of site improvements related
thereto, for which an application for a certificate of occupancy and/or
building permit shall have been approved by the Building Inspector,
and only in accordance with plans accompanying such approved application
or permit.
D.
In connection with a bona fide farming or forest management operation.
Any person who shall violate any provision of this article shall
be liable to a fine of not more than $350 or imprisonment for not
exceeding 15 days, or both such fine and imprisonment.
