[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley 11-5-73 by L.L. No. 3-1973. Sections 105-4B and 105-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 64.
Fees — See Ch. A210.
This chapter shall be known as the "Village of Ardsley Excavations Local Law."
Excavating topsoil, earth, sand, gravel, rock or other substance is absolutely prohibited in any and all parts of the village and/or streets or highways therein, or in any of the streams, tributaries, lakes, bays or waterways, within or bordering upon the Village of Ardsley, except as otherwise provided herein. In no event shall excavations be made which violate the laws of the State of New York or the County of Westchester.
A. 
Excavating pursuant to a building permit may be done in any case where a building permit has been issued for the construction of a building or structure upon submission of plans to the Superintendent of Buildings in accordance with § 64-15 of the Code of the Village of Ardsley, provided that such plans contain a statement of applicant's intentions with regard to the approximate location and dimensions of the site or sites of such proposed excavation operations and the description and the estimated cubic yardage of the substances to be removed in connection with such operations. Building upon such excavated site shall commence within 90 days of the start of such excavation. The provision of § 105-4 shall apply thereafter. No such excavation shall be permitted after the building or structure is completed, unless a permit therefor is issued pursuant to this chapter.
B. 
Where no building permit has been issued, no excavating shall be done unless the owner of the property to be excavated shall have been issued a permit therefor by the Village Board, as hereinafter provided.
A. 
Application for permits to excavate shall be made by the owner of the property to be excavated, on forms furnished by the Superintendent of Buildings.
B. 
A fee payment as indicated in Chapter A210, Fees, shall accompany the application for permit pursuant to this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Each application shall be accompanied by a plot plan drawn to scale, showing all proposed excavation sites and the approximate depth, dimensions and location thereof, the location of any nearby streams, culverts or drainageways, buildings, public highways or private drives and profiles showing the existing grades and the grades resulting from the proposed excavation. The names and addresses of every abutting landowner shall also be provided with such application. Where he deems it necessary, the Superintendent of Buildings may require such profiles and plans to be prepared by a licensed engineer or land surveyor.
D. 
Upon receipt of the application, the Superintendent of Buildings shall inspect the premises and submit a written report of the effect, if any, of the proposed excavation on adjoining properties, highways, waterways, culverts and drainageways.
E. 
Upon presentation of the application, together with necessary plans and the report of the Superintendent of Buildings, the Village Board shall issue a permit if it shall find that:
(1) 
The proposed excavation or excavations will not adversely affect the use and enjoyment of abutting properties, including the Village of Ardsley, and the proposed excavation is consistent with the development and use of properties in the general area.
(2) 
The proposed excavation or excavations will be accomplished in such a manner as not to create any undue traffic hazard on any public highway or endanger the lives or property of the neighboring property owners.
(3) 
If any of the excavating is within the right-of-way of any town, county, village or state street or roadway, that a permit for work within the highway limits has been issued by the appropriate authority.
(4) 
The proposal is reasonable and necessary; will not endanger the health, safety and welfare of the people of the Village of Ardsley; and will not cause unreasonable, uncontrolled or unnecessary damage to the natural resources of the village, including soil, trees, water, fish and aquatic resources. In acting on such application, the Village Board shall take into consideration natural landmarks, glacial and other physical features, streams and their floodplains, swamps, marshlands and other wetlands, unique biotic communities and scenic or other areas of natural or ecological value.
F. 
No excavating shall be permitted under or adjacent to any navigable water of the United States, State of New York or of the County of Westchester unless a permit therefor has been issued by the appropriate federal, state or local agency. Upon the presentation of such necessary permit, the Superintendent of Buildings shall issue a permit for such excavation and no reference to the Village Board shall be required.
G. 
The Village Board may impose such conditions or requirements upon the issuance of a permit as it deems necessary or proper to assure faithful compliance with its laws and regulations, including a performance bond in an amount not to exceed $500 for each 500 cubic yards of substance excavated in connection with such excavating operation; provided, however, that in no event shall such bond be in an amount less than $5,000.
H. 
No such excavating operation shall be made within 10 feet of any state or property line; nor unless adequate barricades and/or retaining walls are erected and maintained and adequate provision made for the prevention of flying dust; nor unless the excavation is immediately refilled with a clean, nonburnable fill containing no garbage, offal, refuse or deleterious or unhealthy matter; nor unless the premises are graded to the level existing prior to such excavation.
A. 
The owner of the property to be excavated shall be held responsible by the village for all operations pursuant to the permit issued. He shall be fully responsible for all actions by any contractor or operator who shall dump or deposit fill on his property.
B. 
No property owner shall permit, condone, accept or suffer the excavation of dirt, rock or any other material on property owned by him for any purpose unless a permit therefor has been issued as provided herein.
C. 
The owner of the property to be excavated shall be responsible for cleaning and removing daily from any street, sidewalk, drainageway or culvert, any debris, dirt, fill, runoff or other material that may be deposited as a result, direct or indirect, of the excavation and/or associated hauling, digging or grading operations.
Where the land has been excavated to a depth greater than five feet, the Building Department shall keep a permanent record of such excavation and the location thereof. Any person applying for a building permit may request a search of such records to determine if there has been any deep excavation in the area of the proposed construction.
A permit issued pursuant to this chapter shall be valid for 90 days and may be renewed twice by the Superintendent of Buildings after a complete review of all plans and an examination of work, accomplished and proposed, provided that application is made at least 10 days prior to the expiration date of the permit, for an additional period of 90 days upon payment of an additional fee of $50 for each such renewal permit.
A person who shall excavate or who shall be the owner of property who shall knowingly permit, condone, accept or suffer the excavation of any material on land owned by him in violation of any of the provisions of this chapter shall be guilty of an offense punishable by a fine not to exceed $250 or 15 days in jail. Each day the violation continues after due notice from the Superintendent of Buildings shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.