[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-26-1957 as Art. 4 of Ch. 4 of the Scarsdale Village Code. Sections 277-1, 277-2, 277-3, 277-6, 277-7 and 277-8 amended and § 277-9B added at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
No person shall excavate or remove any topsoil, earth, sand, gravel or rock from any land in the village without first securing a written permit from the Village Engineer and complying with the provisions of this chapter; provided, however, that this chapter shall not apply to:
The excavation or removal of any such material to the extent required by current construction on the same premises, conducted pursuant to a valid building permit.
The excavation, regrading or removal of any such material from improved premises incidental to the regular use of the premises.
[Amended 5-13-1975 by L.L. No. 1-1975]
A permit for excavation under this chapter shall be granted by the Village Engineer only if the Planning Board determines that the proposed excavation will not impair the usefulness of the property involved or any surrounding properties for the purposes for which zoned, will not interfere with or overload any existing or planned drainage facilities of the village, will not endanger any road, street or highway within the limits of the village and will not produce or enlarge areas from which water will not drain. Any such permit, except for removal of topsoil, shall be for a period fixed by the Village Engineer not exceeding one year from the date of its issuance, and a permit for removal of topsoil shall be for a period fixed by the Village Engineer not exceeding 60 days from the date of its issuance; provided, however, that either period may be extended by the Board of Trustees.
Each application for issuance of a permit under this chapter shall be on a form prepared by the village, shall be signed by the owner or the lessee or the duly authorized agent of the owner or the lessee of the premises and shall be filed in duplicate with the Village Engineer. The application shall give such information pertinent to the proposed operation as shall be requested by the Village Engineer, including a description of the proposed operation, the extent, in three dimensions, of any 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. There shall be filed with the application, in duplicate, the following:
A map prepared by a licensed engineer or land surveyor, drawn to scale, showing the location and dimensions of the premises, the proposed location, size and use of any existing buildings thereon and cross sections and elevations appropriate to indicate the effect of the operation upon the grade of the premises and upon the relationship in grade between the affected portion of the premises and any abutting land and highways after the completion of the operation.
A duly acknowledged written consent of the owner and the mortgagee, if any, of the premises to the proposed operation.
Certificates of the Village Treasurer of the village and the Custodian of Taxes of the town, showing payment of all taxes or assessments to date against the premises.
A certificate of the Village Engineer 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 village and will not endanger any road, street or highway in the village.
Each excavation, other than the removal of topsoil, permitted under this chapter shall be promptly refilled with clean, nonburnable fill, thoroughly compacted and containing no garbage, refuse, offal or deleterious or unwholesome matter, to the extent necessary to restore the original grade of the affected portion of the premises or to conform to the grade of all abutting public or private land and also in such manner as not to produce or enlarge areas from which water will not drain, and, insofar as the affected portion of the premises was covered by topsoil before the excavation, the same shall be covered with not less than six inches of topsoil graded, prepared and seeded as provided in § 277-5 of this chapter.
Whenever topsoil is removed as permitted under this chapter, it shall be removed during the period between the first day of April and the first day of October, and not less than six inches of topsoil shall be left on all parts of the affected portion of the premises. Each area from which topsoil has been so removed shall be prepared and seeded so as to provide surface growth of perennial grass or other appropriate ground cover sufficient to prevent erosion. Such preparation and seeding shall be done during the period between the first day of April and the 15th day of May or the period between the 20th day of August and the first day of October, whichever period is current with or, if not current with, next succeeds the removal.
Before issuing any permit under this chapter, the Village Engineer shall require the applicant to file with the Village Clerk a suitable surety bond payable to the village in a penal amount of three times the fee provided for in § 277-8 but in no case less than $1,000 or a deposit of cash or negotiable bonds in the same amount, conditioned upon full compliance with the provisions of §§ 277-4 and 277-5 of this chapter. Such bond shall be canceled or such deposit shall be returned, as the case may be, when there shall have been filed with the Village Clerk a certificate of the Village Engineer certifying that such provisions have been fully complied with. An application for such certificate shall be filed in accordance with the provisions of § 277-7 of this chapter. If no such application shall have been filed within 60 days after the completion of the operation or the end of the period for the seeding provided by § 277-5 of this chapter, whichever is later, the bond or the deposit shall be forfeited, and the village shall be entitled to the full amount thereof.
Each application for issuance of a certificate under § 277-6 of this chapter shall be on a form prepared by the village, shall be signed by the owner or the lessee or the duly authorized agent of the owner or the lessee of the premises and shall be filed in duplicate with the Village Engineer. There shall be filed with the application, in duplicate, the following:
A copy of the map provided for in § 277-3A of this Code, with appropriate revisions, prepared by a licensed engineer or land surveyor, showing the conditions existing after the completion of the operation.
The Village Engineer shall charge and collect for each permit issued under this chapter the following fees:
Each day on which any violation of any provision of this chapter continues shall constitute a separate offense. Notwithstanding the penalties provided for violation of any such provision, the village may enforce obedience to any such provision by injunction to restrain the violation thereof.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.