[HISTORY: Adopted by the Board of Trustees of the Village of Lowville 8-20-2025 by L.L. No. 6-2025. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CLEARING
Removing surface encumbrances from a land area, including but not limited to trees, logs, stumps, brush, stones, vegetation and earth.
EXCAVATION
Removal of material, regardless of its nature, from below the existing ground surface.
GRADING
Leveling, sloping, raising, lowering or otherwise changing the existing surface of land area.
GRUBBING
The removal of root systems incident to surface growths of trees and vegetation.
LAND CONTOUR WORK
A. 
Clearing, grubbing, grading, or excavating vacant lots and other land areas.
B. 
Exemption: Does not include minor work that does not change surface drainage patterns.
LAND DISTURBANCE
The stripping of vegetation and/or topsoil, or surface grading which changes the existing natural slope by 5% or more, excavation, filling, mining, and/or any other activity causing the addition and/or displacement of soils by mechanical means.
MECHANICAL MEANS
Any movement of earth by a motorized device of any kind; except that "motorized device" shall not include devices such as garden or lawn tractors, post hole diggers, and similar devices which have as their primary purpose residential use.
A. 
A land disturbance permit will be required:
(1) 
Where such disturbance will result in the addition, removal, or reconfiguration of 10,000 cubic feet of soil disturbance or more.
(2) 
If located in a flood zone (a site plan review will also be required).
(3) 
For any activity that will disturb over 250 square feet of land with 10% or greater slope.
B. 
Such permit must be obtained from the Department of Public Works (DPW).
C. 
Generally, construction activities that involve one acre or more of land disturbance also require a State Pollutant Discharge Elimination System (SPDES) permit. Operators of potential construction activities should contact the local NYSDEC office for a determination whether or not a SPDES permit is required in addition to a land disturbance permit.
A. 
Land contour work performed in connection with or in the course of the erection of one or more buildings or other structures or in connection with land uses pursuant to a permit issued by the DPW; provided, however that:
(1) 
Such permit specifically authorizes such land contour work; and
(2) 
Such land contour work is performed entirely within the lot lines of the building site for which such permit is issued. In such cases where water courses, drainage ditches, conduits or other means of carrying off water exist on the property and are to be altered or relocated, the developer/owner shall comply with the Department of Environmental Conservation requirements for stormwater discharges.
B. 
Normal agricultural activities relating to cultivation, planting of crops, and/or harvesting inherent in farming, gardening or similar agricultural or horticultural activities which are otherwise permitted in that zoning district. Land disturbances related to residential or commercial landscaping that meet the threshold for needing a land disturbance permit are not exempt from the provisions of this chapter.
No condition shall be created or maintained as the result of land contour work that will interfere with existing drainage unless a substitute therefor is provided which is satisfactory to the DPW and Department of Environmental Conservation in accordance with criteria established by such departments. Watercourses, drainage ditches, conduits and other like or unlike means of carrying off water or disposing of surface water shall not be obstructed by refuse, waste, building materials, earth, stones, tree stumps, branches or by any other means that may interfere with surface drainage or cause the impoundment of surface waters either within or outside the area on which contour work is performed. All excavations shall be drained and the drainage maintained as long as the excavation continues or remains. Where necessary, pumping shall be used. Reestablishment of grass seed or flora necessary to prevent erosion shall be established within seven days after completion of excavation/development.
Loam, rock, stone, gravel, sand, cinders, concrete, concrete blocks and soil may be used for clean fill to grades approved by the Planning Board, upon issuance of a special use permit.
A. 
Whenever the DPW determines that a condition has been created or has resulted by reason of land contour work which violates any provision of § 124-2 hereof, the department may serve a stop-work order upon the owners of the land upon which such condition has been created or has occurred. The notified party must correct such condition within the time designated in such order.
B. 
Service of an order upon an owner pursuant to the provisions of this section shall be made personally upon such owner or a person of suitable age and discretion at that address, or by certified mail, addressed to the last known address of the person whose name appears upon the records in the office of the Village Clerk as being the owner of the premises or as the agent of such owner or as the person designated by the owner to receive the tax bills or, if no such name appears, to the address set forth as the address of the owner in the last recorded deed with respect to such premises. A copy of such order shall also be posted in a conspicuous place on the premises.
If any part of this chapter shall be found to be void, voidable or unenforceable for any reason, it shall not affect the validity or enforceability of any remaining section of this chapter.