The Town Board may, upon its own motion, call a public hearing to determine
whether any excavated land or property in the Town of Harrison constitutes
a hazard to public safety, upon not less than 10 nor more than 20 days'
notice, mailed to the record owner of such land or property at his last known
address and published at least once prior to such hearing in a newspaper of
general circulation in the town, stating the purpose of the hearing, describing
in general terms the land or property which shall be the subject of the hearing
and stating that all persons interested in the subject matter thereof shall
be given an opportunity to be heard.
If the Town Board, after a public hearing pursuant to §
133-2 hereof, shall determine that the excavation which was the subject of such hearing constitutes a hazard to public safety, it may adopt an order directing the owner thereof to fill the same in accordance with this article and such specifications and directions as the Town Board may adopt in the interests of the public safety, health and welfare and within such time as the Town Board may determine to be reasonable, depending upon the size, location and nature of the excavation and the availability of suitable fill. If said land or property is not filled in accordance with such order, the Town Board may direct the Town Engineer to fill such land or property or cause the same to be filled in accordance with §
133-1 hereof.
A notice of the adoption of the order provided for in §
133-3 hereof shall be mailed to the owner of record of such lands and property at the address shown on the last preceding assessment roll by registered mail at least 30 days prior to the date on which such owner is required to commence the filling of such lands or property; shall describe the property by courses and distances or by reference to the Tax Assessment Map of the Town of Harrison; and shall state that if the filling of such land or property, in accordance with the provisions of this article, shall not be completed on or before the date determined by the Town Board for such completion, the Town Engineer shall fill the same, and the cost thereof shall be assessed against such lands and property as provided in §
133-5 hereof.
The cost of filling by the Town Engineer of excavated lands and properties,
pursuant to this article, shall be assessed against such lands or property
in accordance with the provisions of § 157 of the Highway Law.
[Added 2-19-1986 by L.L. No. 2-1986]
Any person violating any of the provisions of this article shall, upon
conviction, be punishable by a fine not to exceed $250 or by imprisonment
for a term not to exceed 15 days, or both.
[Adopted 2-4-1970 as L.L. No. 1-1970]
It is the established policy of the Town of Harrison that the natural
topography of the land of the town and the safe and natural flow and drainage
of waters therethrough are public assets which should be preserved and safeguarded
and that hazardous, indiscriminate or uncoordinated excavation and regrading
pose substantial dangers to the public health, safety and welfare, which ought
to be minimized for the safeguarding of the citizenry. This article is adopted
for the purpose of promoting such policy. It is hereby declared that the various
features of such topography, including the topsoil and other materials which
are naturally a part of the land, the shape or contour of the land, the plant
and animal life that is fostered upon the land and the water or flow thereof
upon the land are of prime concern to the people of the Town of Harrison,
and it is intended by this article that no changes shall be permitted in such
topography, except those which are absolutely necessary in order to permit
the proper and appropriate use of the land, and then only in such manner as
will adequately safeguard the public health, safety and welfare.
For the purposes of this article, the meanings of the words and expressions
set forth below shall be as follows:
COMMERCIAL EXCAVATION
Excavation for the principal purpose of removing topsoil, rock or
other physical matter which is a natural part of the earth.
EXCAVATION
The creation by any process or means, mechanical or otherwise, including,
without limiting the generality of the foregoing, pile driving, boring, preparation
for footings, swimming pools or foundations, laying of cable or pipe and draining
and diverting watercourses, of any hole, pit, trench, shaft, tunnel or other
aperture in the ground or hillside. The term shall exclude, however, the creation
of an aperture which, at every point, is both less than three feet six inches
in depth and less than 300 square feet in area.
PERSON
Any individual, partnership, corporation, association, company or
organization of any kind.
PROPERTY
The lot or parcel of land on which the excavation or regrading is
to be performed.
REGRADING
Any operation or process which alters the slope, grade or contour
of land.
No person shall permit, suffer or cause the excavation or regrading
of property owned by him or subject to his control, unless he shall have first
obtained a permit in accordance with the provisions of this article, and unless
such excavation or regrading is performed in compliance with the provisions
hereof.
The application for an excavation or regrading permit shall be made
by or on behalf of the owner or other person having control of the property,
in writing, on forms furnished by the Building Inspector and shall be verified
by the applicant. Such application shall contain the following information:
A. The name and address of the applicant and the capacity
in which he makes such application.
B. The name and address of each person other than the applicant
having title to or control of the property as owner, lessee or otherwise.
C. The name and address of the person performing the excavation
or regrading.
D. The estimated cost of the work and the estimated time
required for its completion.
E. The purpose of the work, including the intended use of
any building or other structure to be erected in connection therewith.
F. Whether any other permit has been issued to any person named under either Subsections
A or
B hereof during the two years prior to the date of the application relating to the property or any other property in the Town of Harrison and whether any permit has been issued for any purpose to any person relating to the property.
G. The location of the property and its relation to neighboring
properties, showing all buildings, roads, watercourses and bodies of water,
within 200 feet of the excavation or regrading work area or 25 feet from the
boundary of the property, whichever is less.
H. Plans of the proposed excavation or regrading, indicating location and scaled dimensions of the work area, of the proposed buildings or other structures, if any, of any paved area, of any underground utilities, sewage disposal facilities or other structures, and the existing and proposed relative elevations of the work area and the contiguous land to a distance of 200 feet from the boundary of such work area or 25 feet from the boundary of the property, whichever is less. Such plans shall also indicate the specific location of all live trees in the proposed excavation or regrading site and within 25 feet of the boundaries of such work area, with a note indicating whether or not each such tree is to be removed. If it shall appear that strict compliance with the provisions of Subsections
G and
H hereof, with regard to the plans to be furnished with the application, shall cause undue hardship to the applicant, the Building Inspector may modify such requirements to the extent necessary to afford relief from such hardship. In considering such relief, the Building Inspector shall take into account the projected cost of compliance, the scope of the work and the purposes to be served by compliance with this article.
I. Such further information as the Building Inspector may,
by rule filed with the Town Clerk, require as necessary or appropriate for
the administration and enforcement of this article.
An application for a permit to perform a commercial excavation shall comply in all respects with the requirements of §
133-10 and in addition shall be accompanied by the following:
A. A statement setting forth the location and present status
of any previous commercial operation on the property.
B. A topographical map of the area to be excavated, showing
existing and finished contours and indicating the amounts to be excavated;
location of storage piles: existing and proposed slopes; existing and proposed
drainage, including the present and proposed level of any impounded water,
plans for erosion control, location of all proposed structures and all excavating
or construction equipment and the location of all existing and proposed access
roads to the excavation site.
C. A statement by the person or firm performing the work,
as named in the application, setting forth a detailed breakdown and calculation
of the estimated cost of the work and the estimated time required for its
completion, as shown in such application, certified by a licensed professional
engineer.
A surety bond, in a form acceptable to the Town Attorney and in the penal sum computed in accordance with §
133-13B hereof, shall be filed with the Town Clerk prior to the issuance of an excavation or regrading permit in the following cases:
A. Where the application is for commercial excavation.
B. Where the estimated cost of the work, as shown in the
application or as reasonably calculated by the Building Inspector, exceeds
$5,000.
C. Where the estimated time of completion, as set forth
in the application or as reasonably calculated by the Building Inspector,
exceeds 60 days from the date of issuance of the permit.
D. Where the work area extends to within 10 feet of:
(2) A property line, unless the owner and any other person
in possession of such adjoining property shall have waived, in writing, their
right to require that such bond be furnished.
[Amended 2-21-2007 by L.L. No. 1-2007]
The Building Inspector shall charge a fee for an excavation or regrading permit as set forth in the most current resolution of the Town Board fixing the fee pursuant to §
137-1 of the Town Code.