[Adopted 11-14-1972 by L.L. No. 3-1972]
For the purpose of promoting the safety, health and general welfare of the residents of the Town of Ossining, it is hereby declared to be the policy of the Town of Ossining to provide for the proper use of land, to prevent all manner of excavations which create pits, holes or hollows in the earth and to prevent removal of materials of any and all sorts from the natural contour of the earth as it presently exists in this Town which would leave such land or earth in a hazardous or dangerous state and would cause soil erosion which depletes the land of trees and its natural vegetative cover and supply of organic material and renders such land unproductive and unsuitable for either agricultural purposes or the construction of residences or other structures, resulting in lower land values and in depreciation in value of other properties in adjacent areas within the Town. By Part 2 of this chapter it is proposed to remove the danger to health and life caused by soil erosion, deep excavations remaining in the ground, the removal of trees and the stripping of topsoil, thereby resulting in danger to the health, safety and welfare of the Town and damage to agricultural crops through dust storms, by exposure of the bare earth to wind action and the erosion by surface water drainage and the creation of pools of water. It is also the purpose of Part 2 of this chapter to prevent such results where trees, topsoil, sand and gravel are removed ostensibly or actually for the purpose of preparing property for development for residential or commercial use or for any use whatsoever but where such proposed development does not actually take place within a reasonable time after the commencement of such removal operations and/or is merely a subterfuge engaged in for the purpose of removing various valuable materials from the property.
The following operations and uses are hereby excepted from the application of Part 2 of this chapter:
A.
Excavation or removal of sand, gravel, stone or other
minerals or materials, or the removal of trees and topsoil from premises
owned by or leased to the State of New York, the County of Westchester,
the Town of Ossining or any other political subdivision of the State
of New York.
B.
Excavation or removal of sand, gravel, stone, trees
or other minerals or materials incident to highway, sidewalk or driveway
construction upon the same premises.
C.
The moving of trees, topsoil or other earth, sand
or gravel from one part to another of the same premises as an incident
to construction of a building, to farming or to landscaping.
D.
Removal of trees, excess topsoil or other earth or
sand, gravel or other materials from the area of a subdivision plat
subject to the jurisdiction of the Planning Board.
E.
Removal of trees, topsoil or other earth incident
to the business of operating a nursery, farm or sod farm.
Before any excavation or the continuation of any existing excavation, including a sandbank, sandpit or a gravel bank excavation, or the removal of trees and/or topsoil for any purpose other than those excepted under the provisions of § 87-12 of Part 2 of this chapter, the owner, tenant, lessee, agent, user or developer of any premises subject to the provisions of Part 2 of this chapter must obtain a written permit therefor from an engineer to be designated by the Town Board to carry out the provisions of Part 2 of this chapter. In order to obtain such permit, an applicant shall file with the aforesaid engineer designated by the Town Board a verified application in duplicate for such permit, which application shall be on a form prescribed by the Town Board, and shall also furnish the following detailed information and materials, together with such other information as the engineer designated by the Town Board shall deem necessary or desirable for the purpose of complying with the spirit and intent of Part 2 of this chapter.
A.
A detailed statement of the nature and extent of the
work proposed to be done, including the number of acres to be affected
thereby, the kinds and amounts of all materials proposed to be removed,
the structure to be erected, if any, the manner in which it is proposed
to do the work and the period of time required to complete such work,
including restoration, rehabilitation, filling of pits, excavations
and other depressions in the earth caused by excavation operations
and all other types of removal operations.
B.
A topographic map, certified by the surveyor or professional
engineer duly licensed by the State of New York, showing the elevations
of the property at intervals of two feet of height as such elevations
exist at the time of the application and as proposed to be altered.
Such map shall be drawn to a scale of not greater than one inch to
100 feet nor less than one inch to 20 feet, shall show the elevations
of all property within 50 feet of the perimeter of the property which
is the subject of the application and of all streets adjoining the
said property, or, if there is no adjoining street or streets, the
means by which access is to be gained to the property, and the location,
elevation and name of the nearest street or streets. It shall also
show the location, size and use of existing buildings and the zoning
classification of all property shown upon such map. Such map may be
submitted in sections showing the stages in which the work is proposed
to be done, if that is proposed and, in such case, shall also show
the length of time necessary to accomplish each stage, including building
restoration and rehabilitation of the property. No application for
a permit to commence or continue a commercial excavation shall be
granted by the Town Board unless the property which is the subject
of the application is located in a proper permitted use zone, indicated
in the Town of Ossining Zoning Ordinance, or is an existing nonconforming
use.[1]
C.
A written consent duly acknowledged by the owner,
mortgagee and all other persons having an interest in the premises,
showing their names and residence addresses.
A.
Not less than 20 days after receipt of an application for any permit required under Part 2 of this chapter, the engineer designated by the Town Board shall transmit the same to the Town Board, together with a report containing recommendations or statements as they shall deem pertinent thereto.
B.
No permit shall be issued by the Town Board until
it has made all of the following findings, which need not be based
only upon information provided by an engineer designated by the Town
Board but may also be based upon other information or knowledge obtained
by the Town Board or its members, however or whenever obtained:
(1)
The proposed operations will not interfere with the
surface water drainage plan of the area nor endanger any street, road
or highway.
(2)
The circumstances of the location and the terrain
are reasonably adapted to restoration and rehabilitation to the end
that the premises will not become desert or wasteland or cause soil
erosion following completion of operations.
(3)
The circumstances of the location and the terrain
are such that conditions and safeguards may feasibly be imposed to
assure that the premises will not constitute an attractive nuisance
or threat to the safety of children.
(4)
The use will not cause undue traffic hazards.
(5)
The use will not cause undue vibration, noise or windblown
dust or sand.
(6)
The use will not change the established character
of the neighborhood or depress the value of other lands generally
in such neighborhood.
(7)
The time when such area shall be filled in and restored
and the method to be used therein.
No permit shall be issued hereunder except by
the Town Board after authorization and investigation as hereinbefore
provided. All such permits shall be issued subject to the following
terms and conditions and such others as the Town Board may deem necessary
for the purposes of protecting the public health, safety and welfare,
promoting the most advantageous use of property in the Town and preventing
loss of value of the premises subject to such permit and other property
in the vicinity thereof:
A.
Regardless of when such permit or renewal thereof
is granted, it shall expire on December 31 of the calendar year during
which it is issued. (See the discussion below.)
B.
The applicant shall pay a fee before any permit or
renewal thereof may be issued, in an amount set by resolution of the
Town Board in the Fee Schedule.[1] Such sum shall be paid for each 10 acres of property,
or any portion thereof, proposed to be excavated or regraded or from
which earthen materials are to be removed for any purpose whatsoever
during each calendar year, or any portion thereof, during which a
permit shall be in effect. However, in the event of a denial of the
application for a permit, an amount set by resolution of the Town
Board in the Fee Schedule, or such portion thereof as the Engineer
shall certify has not been expended in connection with the investigation
and processing of the application, may be refunded upon a claim therefor
in the usual form required by the Town Comptroller after audit thereof
by him or her. No allowance in fees may be made because the rights
of the permittee may not be, or may not have been, exercised throughout
the entire permit period. Renewals of permits may be issued by the
Town Board for additional periods of no longer than one year each
upon payment of the fee set by resolution of the Town Board in the
Fee Schedule, provided that all conditions upon which the original
permit or renewal thereof was issued have been complied with by the
permittee (or his successor in interest) at the time of application
for such renewal, without any further public hearing by the Town Board,
but only after approval by said Town Board.
[Amended 9-11-2007 by L.L. No. 8-2007]
For the purpose of Part 2 of this chapter, the following definitions of terms shall apply:
Any excavation of stone, gravel, sand or other mineral materials
from property having an elevation higher than the crown of the adjacent
or abutting street, road or highway or the means of access thereto
from the nearest street, road or highway; provided, however, that
no premises may be excavated to a greater depth than 18 inches above
such street, road, highway or means of access.
An excavation extending to a depth of more than 18 inches
below the grade of the crown of an adjacent or abutting street, road,
highway or access thereto.
Consists of the removal from any given premises of soil,
earth or organic material which ordinarily gives sustenance to natural
vegetative growth. Such soil, earth or organic material must be allowed
to remain upon, or must be added to, all property within the Town
of Ossining which is filled in or the grade of which is altered from
the naturally existing contour, so that it shall have a depth or vertical
thickness of not less than six inches, whether such premises comprise
excavated or filled lands.
No such excavation shall be made:
A.
Within 20 feet of any property line and unless the
sidewalls of such excavation remain at an incline of not less than
one foot in vertical measurement to two feet of horizontal measurement,
or are made safe and stable by any means approved by the engineer.
B.
Unless provisions acceptable to the engineer designated
by the Town Board shall be made to eliminate or reduce, insofar as
possible, the hazard and nuisance of dust and other matter being carried
by the wind or surface drainage waters from the premises for which
a permit has been issued onto either the premises of others adjacent
immediately thereto or onto any other road, street or highway.
C.
Unless adequate barricades shall be erected and maintained.
Any barricade to be erected under the provisions of this section shall
be erected along or within the property line of the premises for which
such permit is issued, and in residential zones shall be a fence which
shall receive the approval of the engineer designated by the Town
Board.
D.
The engineer designated by the Town Board may require
that the applicant, its successors or assigns may be required to use
chemicals or other materials to prevent nuisance by the flying dust,
sand, gravel or other particles due to wind or surface water action
and may require a depth limitation.
[Amended 3-26-1985 by L.L. No. 2-1985; 5-25-2010 by L.L. No.
1-2010]
For a violation of the provisions of Part 2 of this chapter, the owners, general agent or contractor of a building or premises where such violations have been committed or shall exist and the lessee or tenant of the premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of the premises in which part of said violation has been committed or shall exist and the general agent, architect, engineer, surveyor, building contractor or any other person who knows, permits, takes part in or assists in any such violation or who maintains any premises in which any such violation shall exist shall be guilty of a violation, punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for not more than 15 days, or both. Each day that the said violation is permitted to continue shall constitute a separate additional violation.
Nothing contained in the preceding section of Part 2 of this chapter shall prevent the Town Board from maintaining an action or proceeding in the name of the Town in a court of competent jurisdiction to compel strict compliance with the provisions of Part 2 of this chapter or to restrain by injunction the violation of any of the provisions of Part 2 of this chapter or any rule or regulation promulgated hereunder.
