This article relates to the excavation and improvement of land in connection
with the removal of earth, sand, gravel, humus, rock or other mineral deposit,
except topsoil, where no permits have been issued for buildings.
It shall be unlawful for any person, firm, company or corporation to strip and remove topsoil from any land in the Village of Elmsford, except for use on the premises from which it is taken, and except in accordance with the provisions as set forth under Article II of this chapter.
No earth, sand, gravel, humus, rock or other mineral deposit shall be excavated or removed from any land in the Village of Elmsford until the Village Building Inspector shall have issued a written permit for such operation, except no permit shall be required where the materials are taken from one location to another on the same premises. Where earth, sand, gravel or other mineral deposit is removed from the premises, the work shall be done in accordance with § 151-9 of this article. The permit for such excavation shall expire six months from the date of issuance.
The application for such permit shall be on a form prepared by the village,
verified by the owner or the owner's duly authorized agent, and shall
be filed with the Village Building Inspector. Such applications shall give
such information pertinent to the proposed work as shall be required by the
Building Inspector, including the purpose of proposed operation, the time
required to complete the work and the approximate number of cubic yards of
excavation to be removed from the premises. There shall be filed with such
application the following:
A.
A topographical map, prepared by an engineer or land
surveyor licensed in the State of New York, drawn to scale, showing the existing
and finished grades, the location and dimensions of the premises, the size
and use of any existing buildings thereon, and cross sections and elevations
to indicate the effect of the operation upon the grade of the premises, and
the relationship in grade between the affected portion of the premises and
any abutting land and highways after completion of work.
B.
A plan prepared by a licensed engineer showing how abutting
land will be protected with slopes not to exceed an angle of 45°; if excavation
is closer than 25 feet to abutting land or by suitable retaining walls.
C.
A duly acknowledged written consent of the mortgagee,
if any, for such operation.
D.
A certificate of the Village Clerk showing that all taxes
and assessments against premises are paid to date.
E.
A certificate of the Village Engineer stating that the
proposed operation and finished grades of the premises after completion thereof
will not interfere with or overload any existing or planned drainage facilities
of the village, and will not endanger any road, street or highway within the
limits of the village.
Before the issuance of any permit under this chapter, the applicant
shall file with the Village Board a suitable surety bond, approved by the
Village Attorney, in an amount not less than $5,000, conditioned for the faithful
performance of all the conditions of this chapter. The Village Board shall
have the right at any time or from time to time to require a cash bond or
increase the amount of a filed bond, if in its judgment it believes such bond
insufficient to guarantee the carrying out of the faithful performance of
such operation. Where the amount of earth or other material proposed to be
excavated is less than 100 cubic yards, the Village Clerk may reduce the amount
of such bond or waive the filing of a bond, or said bond shall be canceled
when there has been filed with the Village Clerk a certificate of the Building
Inspector certifying that the provisions of this chapter have been fully complied
with.
Each application for such cancellation of the bond shall be accompanied
with a map by the engineer showing any revisions and the conditions after
the completion of the work and a certificate certifying that the provisions
of this chapter have been complied with.
No excavation shall be made closer than 25 feet to any abutting property
line with an angle of slope exceeding 35°, unless a suitable masonry retaining
wall, designed by a licensed engineer and approved by the Building Inspector,
is constructed to protect abutting land. If such retaining wall is over five
feet in height, a suitable iron or pipe guardrail, approved by the Building
Inspector, shall be installed on top of the same. Where the depth of an excavation
is more than five feet in height, the banks shall be broken down at the end
of each day so that the slope will not exceed 45°.
Any mud, dust or debris carried from the operation onto any public highway
shall be scraped and swept broom clean at the end of working day.
Before any earth, sand, gravel, humus, rock or other mineral deposit
is removed from the premises, the topsoil shall be stripped and neatly piled
on the premises. After grading has been completed, all boulders or loose rock
shall be buried or removed from the property. All tree stumps, brush or other
debris shall be removed from the premises. The property shall not be graded
below the crown of the road, and shall be left free from holes and depressions
so as to prevent the accumulation of surface water.
The Building Inspector shall require adequate safeguards where an excavation
is liable to damage any existing buildings or walls. He shall also have the
authority to require suitable barricades around any open excavation when required.
After grading has been completed, the topsoil will be replaced and spread
evenly over the graded area. A seed mixture containing 40 pounds of perennial
ryegrass, 25 pounds of domestic ryegrass, 25 pounds of chewing fescue and
10 pounds of mixed clover per 100 pounds, or similar coverage, shall be sown
at the rate of 100 pounds per acre, and the seed shall be brushed in lightly
and rolled firm.
A fee of $200 will be charged for 20,000 cubic yards or less, plus $0.01
per cubic yard in excess of the first 20,000 cubic yards. All fees shall be
paid at the time of filing the application.
