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 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.
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.
A duly acknowledged written consent of the mortgagee, if any, for such operation.
A certificate of the Village Clerk showing that all taxes and assessments against premises are paid to date.
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.