The Board of Trustees of the Village of Ellenville finds and declares
it to be the public policy of the Village to regulate the excavation and improvement
of any public street, sidewalk, road, highway, parking lots, alleys, pavements,
worksites, public ground, public place, public easement/right-of-way and private
properties, including, but not limited to, driveways and foundations, when
the excavation affects public properties, including, but not limited to, water
lines, sewer lines, storm drains, cable lines, gas lines, electric lines,
or other public utilities.
The following terms, as used in this chapter, shall have the meanings
as indicated below for the purpose of this chapter:
EXCAVATED PREMISES
The whole of any premises or property from which topsoil, earth,
sand, clay, gravel, humus, rock or other mineral deposit is excavated and/or
removed, or from which it is proposed that such materials be excavated and/or
removed.
EXCAVATION WORK
The whole of an operation for the excavation and/or removal of any
materials from any excavated premises and the construction of an improvement
on said excavated premises, and shall include the grading and seeding of said
excavated premises. Excavation work does not include landscaping operations
on a private residential premises, including planting of trees and shrubbery,
and other forms of gardening which do not involve the erection or installation
of an improvement as further defined in this chapter.
IMPROVEMENT
A building, wall, structure, parking area, playground, walk, driveway,
street, highway or road.
The following regulations shall apply to all excavations, or closings
of any street, sidewalk, road, highway, public ground, public place, public
easement/right-of-way, parking lot, alley, pavement, worksite and private
properties, including, but not limited to, driveways and foundations, when
the excavation affects public properties, including, but not limited to, water
lines, sewer lines, storm drains, cable lines, gas lines, electric lines,
or other public utilities in the Village of Ellenville:
A. Saw-cut pavement, sides of excavation to be vertical
with a maximum width of two feet on each side of pipe or conduit.
B. Provide sheeting and shoring in all earth trenches deeper
than five feet.
C. No blasting will be permitted.
D. All applications for permits shall be accompanied by
plans which shall be complete and of sufficient clarity to indicate the nature
and extent of the work to be performed.
E. The provision for plans can be waived by the Code Enforcement
Officer for repair work or temporary work.
Any person who shall refuse or neglect to comply with any provision
of this chapter shall be guilty of a violation. Each and every violation of
this chapter shall be punishable by a fine not to exceed $5,000 or a sentence
of imprisonment not to exceed 15 days, or both. Each day's continued
violation shall constitute a separate violation.
A. In addition to all other remedies provided for herein,
the Board of Trustees may also enforce obedience to this chapter by injunction
or by any other remedy available to it by virtue of the judicial process.