[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 7-26-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
Soil erosion and sediment control — See Ch. 153.
The Mayor and Board find and determine that the unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale has resulted in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Village to effectuate the general purpose of municipal planning.
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil is taken, except in connection with the construction or alteration of a building on such premises, and excavation or grading incidental thereto, without first obtaining permission therefor from the Planning Board and a permit issued as required by this chapter.
If permission to remove the soil is granted, the owner of the premises or the person in charge of the removal of soil shall not take away the top layer of arable soil for a depth of six inches. Such top layer of arable soil, to a depth of six inches, shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to the levels and contour lines approved by the Planning Board.
The Planning Board shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises files a written application with the Planning Board Clerk requesting such permission, which application shall include and be accompanied by the following:
A description of the lands for which the permit is sought;
A map of the premises so described, showing the contour lines and proposed contour grades resulting from the intended removal of soil in relation to the topography of the premises;
An application for site development plan approval or subdivision plat approval pursuant to the Chapter 195, Zoning, of the Village of Montebello and the regulations of the Planning Board, which application includes a grading plan as defined by such regulations, shall be deemed an application under this chapter and no additional fee shall be required in such circumstance.
The application shall be signed and sworn to by all the owners of the premises.
The proposed grades and contour lines, as shown on the map referred to in § 172-4A(2) of this chapter, shall be subject to inspection and approval of the Planning Board. Permission for soil removal shall not be granted by the Planning Board, nor a permit issued, until the map has been filed and until the proposed contour lines and grades have been so approved.
Within 60 days after receiving a completed application, including an environmental assessment form pursuant to 6 NYCRR Part 617, the Planning Board shall review such application and issue its determination.
The Planning Board, in considering the application and in arriving at a decision, shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
If, after examining the application and the map provided for in § 172-4, the Planning Board shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values, and will not create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. The permit shall then be issued and shall be valid for six months unless extended by the Planning Board for an additional period of not more than six months. The permit shall be subject to the terms and conditions set forth in this chapter.
Approval of a site development plan or subdivision plat under the circumstances set forth in § 172-4 shall be deemed an approval under this section, which approval shall be valid for a period of six months after signing of such site development plan or subdivision plat, unless extended by the Planning Board for an additional period not exceeding six months.
Before any permission for soil removal shall be granted or permit issued under this chapter, the owner or applicant shall file with the Village a bond, in form and with surety acceptable to the Village Attorney in such amount as in the opinion of the Planning Board shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Planning Board and as required by the provisions of this chapter.
If permission to remove the soil is granted, the owner or person in charge of the removal of the soil shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform with the contour lines and grades as approved by the Planning Board.
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have been first obtained as required by this chapter, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.
Any person who violates any provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.