[HISTORY: Adopted by the Board of Trustees of the Village of Upper Brookville 11-18-2024 by L.L. No. 2-2024.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 108, Excavating and Filling, adopted 4-1-1973 as Art. 20 of the 1973 General Ordinance, amended in its entirety by 1-18-2005 by L.L. No. 1-2005, as amended 5-15-2007 by L.L. No. 3-2007.
It is found and declared that:
A. 
Unregulated earthmoving could result in the washing of silt and mud into the Village's catch basins and storm drains during and after heavy rainfalls, which reduces the absorption of water into the soil, thereby creating flooding conditions and unnecessary erosion and damage to public and private property within the Village.
B. 
Unregulated earthmoving tends to result in unreasonable odors, smoke, dust, noise and vibrations, erosion, storm damage, flooding and pollution, along with the destruction of existing trees, shrubs and ground covers, all of which results in, damage to adjoining properties and the deterioration of roads and streets within the village.
C. 
Unregulated earthmoving tends to adversely damage the natural rural aspect of the community.
D. 
The changing of existing water levels along with, dredging and filling of lowland lakes, ponds, marshes or other watercourses results, may result, in erosion, storm damage, flooding, pollution and other damage to the altered land, or to adjoining properties.
E. 
The provisions and prohibitions contained in this chapter are in pursuance of and for the purpose of securing and promoting the public health, comfort, safety and welfare of the village and its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
BERM
A quantity of dirt, stone, organic material or other fill material, or combinations of such material, deposited on the ground in excess of two feet above the original existing grade.
EARTHMOVING
Excavation, dredging, filling, removal or depositing of topsoil, sod, subsoil, earth, sand, gravel or combination of such material that is in excess of an aggregate of 15 cubic yards, or which is for the construction of a berm. The threshold quantity of material that is deemed regulated earthmoving shall be determined by the Building Inspector or Village Engineer on the basis of the activity observed and may include an extended time frame.
Except as provided in § 108-6, there shall be no earthmoving in the Village unless a special permit authorizing such earthmoving is issued pursuant to this chapter.
Before an earthmoving special permit shall be issued, a written application shall be submitted to the Village Building Inspector. An application for earthmoving involving less than 100 cubic yards and for which the Inspector determines that such activity will have minimal adverse impact on neighboring properties, shall be referred to the Village Engineer for review and consideration. All other applications for earthmoving shall be referred to the Planning Board for its review. All applications for an Earthmoving Special Permit shall provide the following information, details, plans and survey:
A. 
Full name and address of applicant and property owner;
B. 
A complete description of the proposed work and the amount of material involved in the earthmoving. No berm shall encroach on any Village, town, county or state road right-of-way;
C. 
The location and dimensions of the area affected by the earthmoving, together with a current survey of the property;
D. 
Existing contour lines on the premises and proposed contour lines resulting from the intended earthmoving shown on a map drawn to a scale not less than 100 feet to the inch and with a contour interval not to exceed two feet;
E. 
Existing and proposed drainage on the premises;
F. 
Surrounding properties and streets;
G. 
Proposed truck route and access to the property for any material to be moved over existing streets within the Village; and
H. 
Pollution and erosion control, reduction and prevention measures.
A. 
The Building Inspector, or if the application was referred to the Planning Board, the Planning Board, may grant a special permit if it shall find that the proposed earthmoving will not result in any substantial changes to the existing conditions, will not tend to result in erosion, storm damage, flooding and pollution, the unnecessary destruction of existing trees, shrubs and ground covers or create any drainage problems or other conditions which would substantially impair the use of the property or which would cause damage to private or public property within the village. A special permit shall be issue for a limited period of time, not exceeding one year.
B. 
A permit shall be granted only upon the following conditions and such additional conditions the Planning Board or Building Inspector deems necessary and appropriate to protect the property and adjacent properties:
(1) 
The premises shall be filled, dredged, excavated and graded in conformity with the approved contour plan;
(2) 
Slopes shall not exceed a ratio of two vertical feet to four horizontal feet;
(3) 
No fixed or movable machinery shall be erected or maintained within 50 feet of any property or street line;
(4) 
All necessary and required erosion control and drainage will be provided and maintained during and after construction;
(5) 
After earthmoving, the premises shall be cleared of debris, stabilized and comply with the approved plan;
(6) 
All fill material shall be certified as suitable material by the applicant to the satisfaction of the Building Inspector or Village Engineer;
(7) 
Where applicable, the top layer of suitable topsoil, for a depth of six inches, shall be set aside and retained on the premises upon completion of the earthmoving in accordance with approved contour lines and shall be respread over the premises. Trees, shrubs, brush, sod and other flora shall be replaced to the extent and within such time limitation as may be required as set forth in the permit;
(8) 
If required, the applicant shall post with the Village a security set forth in the permit approval, to insure the faithful performance of the work to be undertaken pursuant to the conditions of the special permit approval. This security shall include coverage for repairs to any streets (public or private) or any public or private properties damaged during all earthmoving activities;
(9) 
All fees and deposits listed under § 112-6 have been paid to the Village Clerk.
This chapter shall not be deemed to prevent:
A. 
Earthmoving in connection with the bona fide construction or alteration for which a building permit has been duly issued.
B. 
Earthmoving in connection with the construction of improvements and changing of contours for roads and drainage in accordance with the subdivision plans and contour maps formally approved by the Village Planning Board for such premises.
C. 
Normal gardening, landscaping or horticultural activities which involve earthmoving of not more than 15 cubic yards of material on any parcel of land within any twelve-month period.
D. 
Bona fide horticultural nursery operations for authorized nursery operations.
Any person who violates any provision of this chapter shall be guilty of a violation, punishable by a fine of $5,000 or a term of imprisonment of not more than 15 days, or both.