The Common Council of the City of Peekskill,
in order to provide for the proper use of land in the City and to
mitigate the dangers caused by soil erosion, filling operations, excavations
in the ground, sand and gravel excavation, the removal of trees, the
stripping of soil and alteration to the natural contour of earth as
it presently exists in the City, thereby resulting in detriment to
the health, welfare and safety of persons and property in the City,
the depletion of trees, soil and natural vegetative cover and the
depreciation in value of and physical damage to properties adjacent
to such dangers, hereby enacts this Soil and Excavation Ordinance.
It is hereby declared to be the policy of the
Common Council of the City of Peekskill to provide for the proper
use of land and to regulate or prohibit excavation, removal of materials
from, filling up, draining, cleaning, operating and using any land,
whether for commercial or noncommercial purposes, in a manner which:
A. Tends to create hazardous or dangerous conditions
by creating pits, holes or hollows in the earth, by creating or leaving
unprotected banks or ledges of exposed earth or by permitting or creating
conditions which cause the collection of water.
B. Impairs the usefulness of the property involved or
any surrounding properties, fails to take into consideration the relation
of residential and commercial areas and the contouring of land with
relation to remaining portions of the land affected or neighboring
areas, and tends to reduce the value of the property in question or
other property in the City.
C. Causes soil erosion which depletes the land of vegetative
cover and supply of organic material and results or tends to result
in the washing of the soil, erosion or interference with normal drainage.
D. Diverts or causes water to collect on the property
of others, interferes with or overloads any existing or planned drainage
facilities of the City, causes unnatural runoff or results in the
collection of pools of water, with the possibility of health and safety
hazards or the lowering of value of the property affected.
The following properties and uses shall be exempt
from the provisions of this chapter:
A. Any excavation incident to public highway construction
or maintenance.
B. Any removal of vegetation or soil (not amounting to
an excavation), or planting of same, incident to the business of operating
a nursery, farm or sod farm.
C. A single parcel of property located in a residential
zoning district which is owned and occupied by the same family unit
and which is incapable of being further subdivided into two or more
valid conforming lots pursuant to the Zoning Ordinance for the district
in which the property is located, provided that the Director of Public
Works determines that there is no existing or potential danger to
adjoining properties by virtue of fill or excavation operations.
[Amended 6-24-2019 by L.L. No. 3-2019]
D. Any excavating operation in which fill or other material
is removed from the premises where a building permit shall have been
duly issued, provided that the excavation is limited to not more than
four feet below original ground level and not more than 50 yards of
material is to be removed or as determined by the Director of Public
Works in area and bulk to that strictly essential for and limited
to the extent of the foundation, walls and basement of such building
or for the construction of a wall, driveway, sidewalk, swimming pool,
service connections or other structure or underground tank, and which,
excluding from consideration soil removed which is actually replaced
by a basement foundation, wall, swimming pool, tank or other underground
structure, does not involve any change in the existing grade and contour.
[Amended 6-24-2019 by L.L. No. 3-2019]
E. Any excavation or filling operation in connection with a subdivision or site plan which has been duly approved by the Director of Public Works and Planning Commission and which makes specific provision for grading, contouring and drainage in the manner deemed by the Planning Commission appropriate to carry out the declaration of policy set forth in §
480-2.
[Amended 6-24-2019 by L.L. No. 3-2019]
[Amended 6-24-2019 by L.L. No. 3-2019]
No cut trees, timber, debris, rocks, stones,
junk, rubbish or other waste materials of any kind shall be buried
in any land or left deposited on any lot or street except as approved
by the Director of Public Works upon site inspection. If a building
permit has been previously issued for premises, no certificate of
occupancy shall be issued unless the conditions described above, which
are not approved by the Director of Public Works, have been remedied,
nor shall any building permit or certificate of occupancy in the same
subdivision be issued until the conditions described, unless approved,
also have been remedied.
[Amended 6-24-2019 by L.L. No. 3-2019]
A. General. Prior to commencing any excavation or continuing any existing excavation or the moving or removing of soil for any purpose other than those excepted under the provisions of §
480-4 of this chapter, the owner or his duly constituted agent of any premises subject to the provisions of this chapter must obtain a soil and excavation permit therefor from the Director of Public Works.
B. Application for permit. Each application for issuance
of a permit under this chapter shall be on a form prepared by the
Director of Public Works, shall be filed in duplicate, shall be signed
by the owner or lessee, or agent of either, or by the building contractor,
engineer or architect employed in connection with the proposed work,
and shall be verified and shall contain or shall be accompanied by
the following:
(1) The name and address of the property affected.
(2) A description of the property in sufficient detail
to identify the same, and a statement as to the zoning district in
which the property is located, and a statement that the use in question
is permitted in such district.
(3) The name and address of the person or corporation
who will carry out the operation.
(4) A description of the proposed operation; the extent,
in three dimensions, of the proposed excavation; the volume of material
proposed to be removed; and the condition of the premises before the
commencement of, and the proposed condition of the premises after
the completion of, the proposed operation.
(5) A site plan, prepared by a licensed engineer, architect
or land surveyor, drawn to scale, showing the location and dimension
of the premises to a point 25 feet beyond the boundaries thereof and
showing existing and proposed contours at two-foot intervals, referred
to City of Peekskill datum or Westchester County datum (bench marks
available); showing distances from street or highway lines, distances
from boundary lines of other owners, the proposed location, size and
use of any existing building thereon, and cross sections and elevations
appropriate to indicate the effect of the operation upon the contour
and grade of the premises and upon the relationship in contour and
grade between the affected portion of the premises and the remainder
of such property and any abutting land and highways after completion
of the operation.
(6) A duly acknowledged written consent of the owner and
mortgagee, if any, of the premises to the proposed operation.
(7) A certificate of the applicant's engineer approving the proposed site plan and stating that the proposed operation and the finished grades of the premises after the completion thereof will not interfere with or overload any existing or planned drainage facilities of the City and will not cause erosion or other problems, will not cause water to accumulate and will not result in the outpouring of water or otherwise have an adverse effect on any thoroughfares or on the lateral stability or drainage of adjoining properties, and are not contrary to the policy of §
480-2 herein.
(8) The manner in which the work is proposed to be done
and the material and methods to be used for proper dust control.
(9) The period of time to complete such work, including
restoration, rehabilitation, filling of pits, excavations and other
depressions in the earth caused by excavation operations and all other
types of removal operations, which in no event shall exceed one year.
(10) A certificate of insurance establishing the extent
of liability of the applicant or contractor.
(11) A performance and maintenance bond for the cost of
such work using standards established by the building industry, including
all costs that will be incurred for street cleaning and maintenance
and/or repair in conjunction with said work, in a form satisfactory
to the Corporation Counsel.
(12) A plan of truck routes and schedule of hours of their
use during the proposed work, showing location of signs, barricades
and other traffic control devices.
C. Procedure. Within 30 days after filing of the application
in proper form, the Director of Public Works shall either issue the
permit or deny same pursuant to the following standards:
(1) The work will not interfere with surface drainage,
endanger any street, road, highway or municipal facility or interfere
with support or drainage of adjoining properties.
(2) The property can be restored and rehabilitated so
that it will not cause soil erosion, drainage problems or create disturbance
of land in conflict with the established purposes of this chapter.
(3) The work or its result will not cause substantial
traffic hazards, vibrations, noise, dust or sand.
(4) The work or its result will be in conformity with
the natural topography of land and will not change the established
character of the neighborhood or depress the value of lands generally
in such neighborhood.
(5) The period of time and the methods for the completion
of the work are reasonable.
(6) Accessibility of the property involved in the application
to fire and police protection; access of light and air to the property
and to adjoining properties; traffic conditions; transportation requirements
and facilities; the general safety, health, peace, comfort and general
welfare of the community-at-large; whether the location and size of
the proposed use, the nature and intensity of the operations involved,
the size of the site in relation to the use, and the location of the
site with respect to existing or future street giving access to it,
parks and drainage systems shall be such that it will be in harmony
with the Comprehensive Plan and Official Map of the City of Peekskill,
and the location, nature and height of buildings, retaining walls
and fences will not discourage the appropriate development and use
of adjacent land, uses, structures and buildings or impair the value
thereof.
(7) Operations in connection with any use shall not be
more objectionable to nearby properties by reason of noise, fumes,
vibration or lights than would be the operations of any use permitted
by right.
(8) Provisions have been made to clean area streets used
as truck routes on a regular basis.
D. Requirements. The Director of Public Works is herewith
empowered to grant a permit subject to the following conditions where
he determines that the nature of the work requires same:
(1) The establishment of the permitted period of time
for the completion of the work.
(2) The establishment of hours and days of operation,
taking into account the nature of the area in which the work is to
be performed.
(3) The construction of fencing and other safety precautions,
including street signs and flagmen, specifying the height and type
of fencing or precaution and the location of same. No excavation shall
be made below the grade of surrounding property to a depth greater
than four feet unless the excavation is properly guarded and protected
by a substantial fence of proper height and strength which will prevent
children and adults from climbing over such fence, and with gates,
which gates shall be locked at all times when the property is not
being worked.
(4) The maximum slope and depth of any excavation or fill
and the height and slope of any material moved or removed shall be
in accordance with City standards. All excavations and all conformations
resulting from grading or filling operations shall be drained so that
water or pools gathering in the bottom of such excavations shall not
be greater in depth than one foot.
(5) The provision of access roads or other adequate means
of access or ingress.
(6) No excavation shall be made nor shall any filling
operation be conducted which results in the deposit of topsoil, earth,
sand, gravel, rock or other substance upon, or shall interfere with
any natural watercourse on or the natural drainage of, the property,
and at the termination of the permit, the premises shall be roughly
graded and, if necessary, other provisions made of a permanent nature
so that the natural drainage shall be fully restored.
(7) There shall be no interference with existing drainage,
nor shall the operation divert or cause water to collect on the property
of others or interfere with or overload any existing or planned drainage
facilities of the City, endanger any road, street or highway within
the limits of the City, or produce or enlarge areas from which water
will not drain, and provision shall be made for the temporary drainage
of the surrounding area during the operation and for the restoration
of permanent drainage to be effective upon completion of the operation.
(8) Requirements for rehabilitation of the site in addition to those provided in §
480-7 of this chapter, where necessary.
(9) The execution of a payment and performance bond or
cash deposit in an amount sufficient to secure the rehabilitation
of the site and/or to guarantee the faithful performance of the work
in accordance with the approval of the permit and all ordinances,
laws, regulations of the City of Peekskill and all plans and specifications
filed with the application for the permit. Such bond shall be approved
by the Corporation Counsel as to form and manner of execution and
sufficiency of sureties and shall run for the same term as the term
of the permit and for a one-year maintenance period after completion
of the work. Default on such bond or deposit shall be declared by
the City Manager upon recommendation of the Director of Public Works.
[Amended 6-24-2019 by L.L. No. 3-2019]
A. All property shall be suitably graded and recovered
with an adequate layer of topsoil, satisfactory to the Director of
Public Works, which shall contain no particle over two inches in diameter,
over the entire area of the property except that portion which had
not been disturbed in construction and that portion covered by structures,
construction in roads, driveways, walks, patios and swimming pools.
B. No certificate of occupancy shall be issued until
respreading of topsoil and seeding of lawn has been completed, except
that between October 1 and April 1 and between May 15 and August 15
the developer shall submit an agreement in writing, signed by the
developer and property owner, with a copy to the Director of Public
Works, that respreading of soil and seeding of lawn will be done during
the immediately following planting season, and leave a cash escrow
for performance, in such amount as shall be determined by the Director
of Public Works.
[Amended 9-25-2017 by L.L. No. 2-2017]
A. Every application for a soil or excavation permit shall be accompanied
by a fee set forth in the Consolidated Fee Schedule maintained in
the office of the City Clerk for the first acre or part thereof and
$40 for each additional acre or part thereof.
B. Regardless of the time period set forth in the initial permit, each
holder of a permit shall apply for a new permit on the anniversary
date of each year succeeding the issuance of the original permit and
shall pay an annual fee as set forth in the Consolidated Fee Schedule
maintained in the office of the City Clerk for each acre or part thereof.
C. There shall be a fee as set forth in the Consolidated Fee Schedule
maintained in the office of the City Clerk for each acre or part thereof
upon submission of an application for a certificate of completion.
[Amended 6-24-2019 by L.L. No. 3-2019]
Every permit holder shall apply for an inspection of the premises covered by the permit, by the Department of Public Works, at least 30 days prior to the termination date of any issued permit, together with the fee set forth in §
480-8. Upon inspection of the premises, the Director of Public Works shall approve the application and issue a certificate of completion or shall disapprove same, specifying his reasons therefor in writing, served upon the holder of the permit and setting forth a time period for correction. Upon failure of the permit holder to so correct within the time set forth, the Director of Public Works shall request that the Corporation Counsel commence a proceeding for violation of the law. Failure to apply for a certificate of completion within the time period set forth in this section shall be deemed to be a prima facie violation of the terms of this chapter.
[Amended 3-12-2012 by L.L. No. 4-2012; 6-24-2019 by L.L. No. 3-2019]
A. Whenever the Director of Public Works determines that
a violation of this chapter or of the terms of any permit or order
issued hereunder has occurred, he shall serve a notice of violation
by certified mail upon the holder of any permit, or if none, the last
known owner of the property or properties as shown in the records
of the City Tax Assessor, and shall give the violator at least 10
days to correct such violation plus three days for mailing.
B. The Director of Public Works shall authorize commencement
of a proceeding to enforce any violation of the terms at any time
after the period of time for correction of a violation has passed.
C. Whenever the Director of Public Works determines that failure to comply with a violation notice constitutes a nuisance or safety hazard, he shall notify the holder of the permit or the record owner of the property or the owner’s representative of his findings by certified mail. If a period of at least five days elapses from service of the finding and there has been no correction of the violation, the Director of Public Works may proceed to take whatever action necessary to abate the nuisance pursuant to the procedures set forth in §
C205 of the City Charter, or the Corporation Counsel may be authorized by the Director of Public Works to institute a suit to recover such expenses against any person liable therefor, in addition to such action taken pursuant to Subsection
B herein and §
480-11.