[HISTORY: Adopted by the Town Board of the Town of Pound Ridge 11-4-1959 as part of the Zoning Ordinance. Section 53-5 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Notification of defects — See Ch. 20.
No excavations or quarries for sand, gravel, topsoil or fill earth or rock or other materials for any purpose other than construction of a permitted building; excavations incidental to or required by Planning Board approval of subdivision maps or site plans; the construction of permitted driveways, walks or walls; removal of topsoil from one portion of lands of an owner to another part of the same lands for the improvement of said property or preparation of the site for a permitted building, shall be made or undertaken by any person, firm, corporation, property owner, licensee, lessee or permittee of such property owner unless a permit shall be granted therefor by the Town Board after the filing of a petition and a public hearing. No sand, gravel, rock, topsoil or other minerals shall be removed from any premises by any person unless the permit provided for herein shall be obtained. No materials excavated under a lake construction permit shall be removed from premises unless the permit provided for herein shall be obtained.
In considering any application for a permit to excavate and/or remove materials, the Town Board shall attach such conditions and safeguards to the permit as, in the judgment of the Town Board, may reasonably be necessary to protect the natural characteristics and terrain features of lands within the Town, to enhance the value of the land affected by the permit, to ensure its future utility for purposes permitted in the applicable zoning district classification and to ensure that no sand, gravel, mining, quarrying or earth or rock removal operations are conducted within the Town except upon a clear showing by the applicant that such excavation or removal is necessary to salvage, rehabilitate or otherwise improve the premises affected by the permit. It is the intent of this section that excavations or material removal of a commercial nature for the benefit of the owner or those claiming under him shall be prohibited in all districts except upon application made hereunder, which must be accompanied by proof satisfactory to the Town Board that the proposed operation will benefit the excavated parcel and render same suitable for uses permitted under this chapter and further will not be detrimental to the health, safety and welfare of the inhabitants of the Town and will not adversely affect adjoining properties.
Excavations and removal operations shall not be deemed permitted special uses in any district, and the provisions of §§ 113-21 and Article VI of Ch. 113, Zoning, of this Code shall not be applicable to the consideration of a special permit hereunder. It is the intent hereof and shall be the policy of the Town Board that permits hereunder shall be restricted to applications where unique, compelling and special circumstances are demonstrated.
Any application for a permit hereunder shall be accompanied by such maps, development plans, boring tests, feasibility studies and other engineering data as may be required by the Town Engineer. The conditions and safeguards to be imposed in the issuance of any permit shall be discretionary and unlimited but shall, in all cases, include a condition that the work to be performed shall be under the direct supervision of the Town Engineer and that, in addition to such fees as may be from time to time established by the Board for any permit issued hereunder, additional fees may be required for engineering supervision, inspection and consultation. It shall be mandatory that, before the commencement of any permitted operation, the applicant shall file a performance bond in an amount acceptable to the Town Engineer and in a form satisfactory to the Town Attorney to assure completion of the work to the satisfaction of the Town Engineer and to complete restoration, regrading, topsoiling or other required rehabilitation of the premises to final grades established by the Town Engineer and to indemnify the Town for damage to Town property or Town roads caused by the use of trucks or hauling of machinery or equipment.
The excavations regulated hereunder shall not be deemed to include cemetery interment, septic tanks and fields, foundations for permitted structures for which a building permit has been obtained, farming and gardening or permitted nursery operations and lake construction permits issued by the Water Control Commission where no materials are to be removed from the premises.
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. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.