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Town/Village of Harrison, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Harrison as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 130.
Fees — See Ch. 137.
Excavations and soil removal — See Ch. 133.
[Adopted 7-2-1997 by L.L. No. 7-1997]
A. 
On all sites in the Town of Harrison in which fill is delivered, the owner of said site shall obtain a permit from the Building Department which will require compliance with 6 NYCRR 360 and which provides for the following:
[Amended 9-3-1997 by L.L. No. 9-1997]
(1) 
For each truck delivering fill to a site, there shall be a signed manifest by the owner stating the date of delivery, the origin of the fill, the type of fill, and a representation that there is full compliance with 6 NYCRR 360.
(2) 
The manifest shall be provided to the Building Department on a weekly basis or whenever requested by the Building Department on a more frequent basis.
(3) 
The owner of said site shall hire an independent inspector, approved by the Building Department, who shall be on location at all times in which deliveries of fill are made and who shall independently provide the Building Department with a statement that the fill delivered is in compliance with 6 NYCRR 360. Said statements will be provided to the Building Department on a weekly basis or whenever requested by the Building Department on a more frequent basis.
B. 
The following information is required to be provided to the Building Department in order to obtain a permit:
(1) 
Engineering drawings showing the section, block and lot numbers upon which the activity will be conducted.
(2) 
The names and addresses and the section, block and lot numbers of all contiguous property owners, and the names and addresses and section, block and lot numbers of all property owners within 500 feet of the proposed site.
(3) 
A plan showing all existing and proposed contour lines, amount of fill to be delivered, location of trees over four inches in diameter measured four feet from the ground and road access to the site.
(4) 
An erosion control plan.
(5) 
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 issuing of a permit.
(6) 
Proof of insurance adequate to cover the intended work pursuant to the terms of the permit. The Town of Harrison shall be named as an additional insured on the owner's policy. The owner shall by a separate instrument agree to indemnify and hold harmless the Town of Harrison from any claims arising out of the intended activity.
C. 
If in the discretion of the Building Department testing or further monitoring is required, the owner of said site is required to pay such sums to the Building Department to cover such costs.
D. 
The owner of said site shall be required to post a surety bond with the Town Clerk, in a form acceptable to the Town Attorney, in an amount to be fixed by the Building Department, prior to issuance of said permit in the following cases:
(1) 
When the estimated cost of the work, including all lots, as shown in the application or as reasonably calculated by the Building Inspector, exceeds $5,000; or
(2) 
When the estimated time of completion as set forth in the application or as reasonably calculated by the Building Inspector, exceeds 60 days from the issuance of the permit.
E. 
The Building Inspector shall charge a permit fee to the owner of said site in the amount as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
[Amended 2-21-2007 by L.L. No. 1-2007]
A. 
No person or entity may deliver fill to sites; in the Town of Harrison unless said person or entity, and all trucks under their ownership, are approved and obtain a permit issued by the Building Department and the Town of Harrison. The permits issued shall be specific to the trucks owned by the person or entity and are not transferrable.
[Amended 9-3-1997 by L.L. No. 9-1997]
B. 
Each person or entity that seeks to deliver fill to sites in the Town of Harrison shall provide to and represent the following to the Building Department on a Building Department form:
(1) 
History of ownership information and address for last five years;
(2) 
Names of drivers;
(3) 
Number of trucks owned and specific identity, including vehicle identification number and plate number, to be used in the Town of Harrison;
[Amended 9-3-1997 by L.L. No. 9-1997]
(4) 
Representation that person or entity will act in compliance with 6 NYCRR 360;
(5) 
Representation that person or entity will prominently display in the front window of every truck the specific truck permit evidencing that it has been approved to make deliveries of fill in the Town of Harrison;
[Amended 9-3-1997 by L.L. No. 9-1997]
(6) 
Documentation evidencing permits to operate in New York State and compliance with 6 NYCRR 360;
(7) 
Description of violations of any kind in the last 10 years;
(8) 
Description of judgments of any kind in the last years;
[Amended 9-3-1997 by L.L. No. 9-1997]
(9) 
List of 10 largest jobs with the name, address and telephone numbers of reference;
(10) 
Proof of insurance adequate to cover the intended work pursuant to the terms of the permit. The Town of Harrison shall be named as an additional insured on the holder's policy. The holder shall by a separate instrument agree to indemnify and hold harmless the Town of Harrison from any claims arising out of the intended activity.
[Added 9-3-1997 by L.L. No. 9-1997]
C. 
The Building Inspector shall charge a permit fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code for said person or entity who delivers fill, an additional fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code for each truck greater than five yards and an additional fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code for each trailer used by said person or entity. Said person or entity shall not contract out with another person or entity to deliver fill if that entity is not approved and permitted by the Building Department and the Town of Harrison.
[Amended 2-21-2007 by L.L. No. 1-2007]
[Added 9-3-1997 by L.L. No. 9-1997[1]][2]
Notwithstanding that a person or entity has a permit, that person or entity cannot deliver any fill to a specific site unless there is an owner's permit issued for that site. It is the responsibility of the holder of the truck permit to ensure that an owner has a permit for the site prior to the holder of the truck permit engaging in any activity.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 139-3 through 139-7 as §§ 139-4, 139-5, 139-7, 139-9 and 139-10, respectively.
[2]
Editor's Note: Untitled in original.
No delivery of fill shall be made except in accordance with a schedule to be approved by the Building Department.
"Fill" shall include any and all material delivered to a site for purposes of filling in land or regrading.
[Added 9-3-1997 by L.L. No. 9-1997[1]]
A. 
There shall be an investigation by the Harrison Police Department before any permit is issued.
B. 
In order to ascertain any previous criminal record of any applicant, the police investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual that signs and verifies any application and of each principal owner of the corporation or business under the aforesaid local law. Three copies of such fingerprints shall be taken on standard fingerprint cards, eight inches square, one of which may be taken on a card supplied for that purpose by the Federal Bureau of Investigation. The applicant will be required to provide a $50 postal money order or such other form of payment acceptable by the New York State Division of Criminal Justice Services made payable to the New York State Division of Criminal Justice Services. When completed, one standard card shall be promptly submitted to the New York State Division of Criminal Justice Services, where it shall be appropriately processed and returned by it to the Town of Harrison with the criminal history check.
C. 
Any misdemeanor or felony conviction relating to the delivery of construction fill or involving construction shall preclude an applicant from receiving a permit.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 139-3 through 139-7 as §§ 139-4, 139-5, 139-7, 139-9 and 139-10, respectively.
A. 
Authority to remove and restore. In the event that the owner, occupant or person in control of such site shall fail to comply with this article, the town shall have the authority, as provided for herein, to enter onto such land and remove such noncomplying fill and restore the land to an appropriate and safe state and charge the cost and expense of such action against the owner and establish a lien against the land in the manner herein provided.
B. 
Town Board action. Notwithstanding anything stated in this article, any owner of real property in the town shall be required to remove the noncomplying fill which exists upon his land and restore the land to an appropriate and safe state when directed to do so by resolution of the Town Board, pursuant to the authority provided under Town Law § 64, Subdivision 5-a.
C. 
Notice to be served. Whenever the Town Board shall adopt a resolution requiring the owners of land to remove the noncomplying fill which exists thereon and restore the land to an appropriate and safe state, the Town Board shall specify the time within which such work shall be completed. Such notice shall set forth, with reasonable certainty, the location at which the condition exists, the material to be removed and the requirement that appropriate restoration measures must be taken. Giving due consideration to the material and the location thereof, the town shall give the owners no more than 30 days from the date of the mailing of the notice during which actual removal work on such land shall be commenced and no more than 90 days from the date of the mailing of the notice during which removal work and restoration of the land shall be completed. Notice of the adoption of a resolution requiring the work shall be served upon the owners of the land by certified mail, addressed to either the owners at the address of the land or the last known address of said owners. In removing the noncomplying fill and restoring the land to an appropriate and safe state, the owners shall be required to comply with all laws, rules, regulations, orders and ordinances.
D. 
Failure to comply. Whenever any notice referred to in this article has been mailed and the owner shall neglect or fail to comply with any of the time periods provided herein, the Town Board shall authorize the work to be done and shall provide for the cost thereof to be paid from the general town funds as directed by resolution.
E. 
Manner of assessment of cost. In any case where it shall be necessary for the Town Board to have the work performed due to the owner's failure to comply with the Town Board's resolution, the town shall be reimbursed for the cost of the work performed or the services rendered (including, without limitation, the cost of professionals employed by the town) at its direction by assessment or levy upon the lots or parcels of land where such work was performed or such services rendered. All costs actually incurred by the town upon each lot or parcel and the charge therefor shall be assessed and collected in the same manner and in the same time as other ad valorem town charges.
[Added 9-3-1997 by L.L. No. 9-1997]
All applications and representations shall be verified under oath.
A. 
Any person who violates this article, upon conviction thereof, shall be punishable by a fine of not less than $1,000 per day and not more than $2,500 per day or by imprisonment for a term not to exceed 15 days. Each day's continued violation shall constitute a separate additional violation.
B. 
Convictions for a violation of this article shall constitute and effect an immediate revocation of the permit granted hereunder.
C. 
The Building Inspector may suspend the performance of any delivery of fill and also may revoke any permit issued hereunder or under any other provision of law purporting to authorize such delivery of fill for a like period, at any time, in the event of an actual or threatened violation of this article. The Building Inspector shall have the further authority to suspend and revoke all other permits at the site when the instant permit is violated or there is a threatened violation.
(1) 
The Building Inspector shall accomplish such suspension and revocation by delivering, personally or by certified mail, a written notice thereof, stating the particular grounds therefor, to the applicant. Thereafter, during the period of such suspension and revocation, no delivery of fill shall be permitted or performed.
(2) 
Any person aggrieved by such suspension and/or revocation may appeal therefrom to the Town Board, who may affirm, modify or reverse the Building Inspector's action or make such other disposition of the appeal which may be consistent with the purposes of this article.
D. 
In addition to the above-provided penalties and punishment and such other remedies as may now or hereafter be provided by law, the Building Inspector may maintain an action or proceeding in the name of the town in any court of competent jurisdiction to compel compliance with or to restrain by an injunction the violation of such article and to recover, by appropriate civil remedies, any cost, expense or damage sustained by the town in consequence of such violation, including an action to enforce the surety bond provided for in this article.
A. 
This article shall not apply to the homeowner who has delivered on his property three yards or less of fill, in an aggregate, on an annual basis.
[Added 9-3-1997 by L.L. No. 9-1997]
All permits shall only be on an annual basis and renewals shall be made as if the application was brought anew.