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Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
This article relates to the excavation of land in connection with the construction of buildings, walls, streets, driveways, playgrounds, parking areas or other improvements where it is necessary to remove topsoil, earth, sand, gravel, rock or other mineral deposit from the premises.
No permit shall be required in the normal grading of property in connection with the construction of buildings or other improvements, except as hereinafter provided.
[Amended 11-1-2004 by L.L. No. 13-2004]
No topsoil shall be removed from land except within the building lines of buildings, walls, driveways, beds of a highway if the map has been approved by the Board of Trustees and filed in the County Clerk's office, parking areas, or from areas of other improvements where the topsoil necessarily has to be removed in connection with the construction for which a building permit has been duly issued.
If grading is for a parking area, the materials, including topsoil, may be removed from the property, provided the area is covered with at least two inches of blacktop, on a suitable base and properly rolled, and further provided that a map shall have been filed and approved by the Building Inspector in accordance with Article I, § 151-4A, and the work shall be performed in accordance with Article I, §§ 151-5, 151-6, 151-7 and 151-8.
[Amended 11-1-2004 by L.L. No. 13-2004]
The grading of land of a subdivision approved by the Board of Trustees, except in connection with the construction of buildings, streets, driveways, parking areas or for the construction or installation of other improvements, shall be subject to all of the provisions of Article I.
Applications for the erection of buildings in connection with the grading of land shall state the approximate number of cubic yards of earth or other materials to be excavated and removed from the property. If the amount to be removed from the property exceeds 100 cubic yards, the Village Board shall have the right to require the owner to file a bond in an amount to be fixed by the Board and to impose such other conditions as the Village Board may deem advisable to ensure the proper grading of the property in accordance with the intent of this chapter.
The person making the excavation shall at all times, if afforded the necessary license to enter upon the abutting land, and not otherwise, at his own cost and expense, preserve and protect from any injury or collapse any wall, building, structure or embankment, the safety of which may be affected by said excavation, and support the same by proper foundations or walls. If the necessary license is not accorded to the person making said excavation, then it shall be the duty of the abutting owner of land refusing to grant such license, to make such wall, building, structure or embankment safe and to support the same by proper foundation or walls, and when necessary for that purpose, such owner shall be permitted to enter upon the premises where such excavation is or is being made.
Where permits have been issued for buildings and buildings are not started within six months from the date of issuance of such permit, any excavation of earth or other materials which are removed from the property shall be replaced on the property within 30 days after written notice and graded to the original grades and seeded, as set forth in Article I.