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Village of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 2-5-1974 as Ch. 10 of the 1974 Code. Amendments noted where applicable.]
The Village Board of Trustees hereby determines that the excessive removal or deposit of fill on private property in the Village as well as the removal of trees has resulted in increased surface drainage and increased soil erosion, thereby impairing the benefits of occupancy of property and impairing the stability of value of both improved and unimproved real property with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Village.
Nothing contained in this chapter shall prevent the Village Building Inspector from approving any application for the removal or deposit of soil, sand or stone from any property where the total amount of soil, sand or stone does not exceed five cubic yards in quantity and where, in his or her opinion, the removal of five yards or less is necessary to improve the property and the applicant agrees to restore the property upon completion of the work.
A. 
Permit required; exception. It shall be unlawful for any person to excavate and remove soil or stone or to deposit fill of any kind upon any privately-owned property in the Village without having first obtained a permit from the Building Inspector for such work. This prohibition shall not apply where excavation or the deposit of fill is necessary and incidental to the construction of a building, wall, driveway or structure where a building permit has been issued for such work.
B. 
Application; contents. Every application for a permit required by this section shall be in such form as determined by the Building Inspector but shall contain a sketch map sufficient to identify the property, and shall further indicate the present grade, the change proposed and the grade after the work has been completed and shall show the approximate grades of all adjacent properties for an area large enough so as to reasonably determine the effect of such changes in grade upon these areas.
C. 
Referral of application to Planning Board. Every application for a permit required by this section shall be referred to the Planning Board of the Village for approval. The Planning Board shall approve such applications if, in the opinion of such Board, the change of grade will not create excessive drainage or erosion conditions and will not impair the values of adjoining parcels.
D. 
Issuance; conditions. Any permit required by this section issued by the Planning Board of the Village shall, where applicable, provide that:
(1) 
Adequate barricades will be erected and maintained and adequate provision made for the prevention of flying dust;
(2) 
Any excavation made upon property above the level of an abutting highway shall be so made that neither the excavation nor any deposit of topsoil, earth, sand, gravel, rock or other substance removed from the excavation will interfere with any natural watercourses on or the natural drainage of the property and at the termination of the permit;
(3) 
The premises shall be rough graded in such a manner that the natural drainage shall be fully restored;
(4) 
Any excavation upon any property at or below the level of the abutting highway shall be promptly refilled to the natural grade of the property with clean, nonburnable fill containing no garbage, refuse, offal or any deleterious or unwholesome matter, and dust down or its equivalent shall be spread to prevent dust from flying;
(5) 
In the case of topsoil removal there shall be left at least four inches of topsoil upon the surface from which topsoil is removed and the area from which the topsoil is taken shall be harrowed and reseeded with rye or other fast-growing vegetation;
(6) 
There shall be filed a bond in such amount as may be determined by the Planning Board and approved by the Corporation Counsel or cash to ensure the proper and faithful completion of the work in accordance with the terms of the permit issued and which bond shall further indemnify the Village for any damage to Village property.
[Amended 8-3-1999 by L.L. No. 2-1999]
The Building Inspector of the Village shall charge and collect for the permits required by this article, which are referred to the Planning Board, a fee set from time to time by resolution of the Village Board of Trustees.[2]
[1]
Editor's Note: Former § 122-4, Removal of trees, as amended, was repealed 1-16-2007 by L.L. No. 2-2007. This local law also provided for the renumbering of former §§ 122-5 through 122-7 as §§ 122-4 through 122-6, respectively.
[2]
Editor's Note: The Schedule of Fees is on file in the Village offices.
Permits issued pursuant to the provisions of this article shall expire one year from the date of their issuance unless extended by resolution of the Planning Board of the Village.
[Added 8-3-1999 by L.L. No. 2-1999]
A. 
Whenever any person violating this chapter shall have been notified by the Building Inspector or by service upon him or her of a summons in a prosecution or in any other way that he or she is committing such violation of this chapter, each day that he or she shall continue such violation after such notification shall constitute a separate offense punishable as provided in  Chapter 1, General Provisions, Article III, General Penalty.
B. 
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties as provided in of Chapter 1, General Provisions, Article III, General Penalty.