The purpose of this chapter is to promote the public health, safety
and general welfare and to ensure that the clearing, filling and grading of
property is safely conducted in conformance with the Village Zoning Law and other applicable ordinances.
No person shall conduct or cause to be conducted any land operations
to clear, fill or grade any property without securing a permit from the Code
Enforcement Officer.
The following information or exhibits are required in order to secure
a permit.
A. Engineering drawings showing the tax lot upon which the
activity will be conducted.
B. The names, addresses and section, block and lot numbers
of all contiguous property owners and the names, addresses and section, block
and lot numbers of all property owners located within 500 feet of the proposed
site.
C. A plan showing all existing and proposed contour lines,
the amount of fill to be placed or displaced, the location of trees over eight
inches in diameter measured four feet from the ground, and the road access
to the site.
E. Preliminary copies of any contracts to perform such clearing,
filling and grading, which contract shall state that it is subject to this
chapter of the Village Code and that a copy of this section of the Village
Code shall be attached to and become a part of such contract.
F. Documentation regarding permit status with the New York
State Department of Environmental Conservation prior to the issuance of a
permit. Any New York State Department of Environmental Conservation permit
required must be in effect prior to the Village issuing a permit.
G. Proof of insurance adequate to cover the intended work
pursuant to the terms of the permit. The Village shall be named as an additional
insured on the applicant's policy. The applicant shall, by a separate
instrument, agree to indemnify and hold harmless the Village from any claims
arising out of the intended activity.
H. The completion date and any other information which the
Planning Board deems reasonable in reviewing the application.
The separate filling and grading permit shall not be required for the
planting of landscaping, grading lawn areas, normal repairs or occupied property,
correcting hazards representing an imminent threat to life or property, removal
of dead wood or for land development pursuant to, but not prior to, an approved
site plan or subdivision plan showing finished grade elevations.
The applicant shall be required to post a performance bond or money
security deposit in an amount to be determined by the Village Board to be
posted with the Village Clerk to guarantee the satisfactory restoration of
any state, county or Village roads or other public property which might be
damaged as a result of the activities of the applicant in clearing, filling
and grading pursuant to the terms of this chapter. In the event that the applicant
fails or refuses to make the necessary repairs, the Village Board shall forfeit
the performance bond or money security deposit in order to underwrite the
expense in making such repairs.
The Village Board may impose a fine of $5,000 or in an amount not to
exceed 150% of the Village's actual cost incurred in correcting the conditions
caused by noncompliance with this chapter, including consequential damages
paid by the Village, whichever is higher. The fine of 150% shall be of the
total costs to the Village, regardless of any and all reimbursement to the
Village by the applicant to cover those initial cost estimates.
If any part of this chapter is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined to the part directly involved
in such judgment and shall not affect the validity of the remainder of this
chapter.
The special permit shall expire 12 months after the date of issue. The
Planning Board may grant an extension of 12 months duration following a public
hearing, provided that all terms and conditions of this chapter are in compliance.