[Adopted 2-21-1967]
No contours of any land for the Town of Southeast
shall be altered by the excavation, removal or relocation of earth,
loam, topsoil, sand, gravel, clay, stone or minerals or by the depositing
of any material, natural or otherwise, except as provided in this
article.
A.
The following are specifically exempt from this article, except as noted in Subsection B:
(1)
Changes in contour directly related to the bona fide
construction or alteration of a building or structure when such construction
or alteration is authorized by a valid building permit.
(2)
Changes in contour in accordance with subdivision construction plans and contour maps approved by the Planning Board, provided that approval was granted within the three years preceding such change in contours. If such approval was granted over three years prior to the actual change in contours, the construction plans and contour maps must meet the most recent regulations of Chapter 138, Zoning, and Chapter 123, Subdivision of Land.
(3)
Changes in contour directly related to the construction
of an accessway or driveway.
(4)
Changes in contour resulting from bona fide landscaping
not involving the removal, depositing or relocation of more than 100
cubic yards per acre, except topsoil.
(5)
Removal of unsuitable material and depositing of suitable
material for the construction or reconstruction of sewerage systems,
accessways and driveways.
(6)
Changes in contour of public lands as may be authorized
by Town officials having jurisdiction over such lands.
All exemptions listed in § 69-13 shall be under the jurisdiction of the Building Inspector or any other agent designated by the Planning Board. Any individual serving in any one or more of these capacities has the authority and responsibility of stopping questionable projects and referring them to the Planning Board.
The Planning Board may authorize the changing
of contours within an area not exceeding five acres by the excavation,
removal or relocation of earth, loam, topsoil, sand, gravel, clay,
stone or minerals or by the depositing of any material, natural or
otherwise, by granting a special permit as provided for herein:
A.
Application. An application for the granting of a
special permit shall be submitted to the Planning Board, in writing,
on forms prescribed by the Board. If the application is by a person
other than the owner of the land involved, the application must be
signed by all owners and the applicant. The applicant must contain
the following information:
(1)
The date of application.
(2)
The name of the applicant and the address to which
notices may be sent.
(3)
Title(s) and date(s) of map(s).
(4)
The name(s) of the land surveyor(s) or engineer(s)
preparing the map(s).
(5)
The name(s) of record owner(s) of the property.
(6)
The existence of mortgage or other encumbrances on
the property, including the name and address of the mortgagee.
(7)
A statement of any easements or deed restrictions
affecting the property.
(8)
The zone in which the property is located.
(9)
The area of the property in acres.
(10)
The names and addresses of all owners of land abutting
or within 200 feet of the property lines.
(11)
The source of data for existing contours if not from
actual field survey.
(12)
An estimate of the quantity of material to be moved.
(13)
The proposed date of completion of the project.
(14)
Signatures of the applicant and all owners.
B.
Supporting documents. The application for a special
permit must be accompanied by the following supporting documents:
(1)
A plot plan, prepared by and bearing the seal of a
land surveyor or engineer licensed to practice in the State of New
York, certifying to the accuracy of the information of the map. The
map shall not exceed 25 inches by 37 inches, shall be drawn to a scale
of not less than 100 feet to the inch and shall be drawn with black
waterproof ink on a good-quality white linen or may be a lithoprint
on good-quality heavy white linen tracing cloth. A copy of this map
shall be submitted on good-quality heavy linen tracing cloth for the
records of the Planning Board. This plot plan shall show the following:
(a)
Boundary lines of the property showing area
to be excavated or filled.
(b)
Existing and proposed structures.
(c)
Adjoining property lines and streets and the
names of all adjacent property owners as shown on the Town tax assessment
records.
(d)
Existing and proposed drainage, watercourses,
ponds, easements and rights-of-way.
(2)
Proof that written notice of the proposed changes
have been given to all mortgage holders.
(3)
A written statement from the Putnam County Treasurer's
office certifying that all current taxes levied against the property
have been paid in full and that there are no unreleased tax liens
encumbering said property.
(4)
An engineering report, issued by a professional engineer
licensed to practice in the State of New York, stating that any artificial
lake or pond has sufficient water flow to maintain the proposed level
and to avoid stagnation.
(5)
An engineering report, issued by a professional engineer
licensed to practice in the State of New York, stating that the proposed
change of contours will not adversely affect the water table.
C.
A fee as set forth from time to time by resolution
of the Town Board shall be paid to the Town of Southeast.
[Amended 6-11-1977; 6-16-1988 by L.L. No. 5-1988]
D.
Public hearing. Before acting upon any application
for a special permit under the provisions of this section, the Planning
Board shall hold a public hearing. Public notice of such hearing shall
be published as a legal notice in a newspaper of substantial circulation
in the Town. Such hearing shall be held within 90 days after receipt
of such application and supporting documents.
E.
Conditions of approval. The Planning Board may, after a public hearing, grant a special permit for a limited period of time not exceeding one year for the changing of contours within a specific area not to exceed five acres if it shall find that such changes in contour will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, sufficient noise, dust or dirt to be a public nuisance or create any drainage or sewage problems or other conditions which would impair the use of the property in accordance with Chapter 138, Zoning, and that such change in contours will be in harmony with the general purpose and intent of Chapter 138, Zoning.
(1)
The plans as approved by the Planning Board shall
become part of the special permit, and the following conditions shall
be met:
(a)
The changes in contour shall conform to the
plans approved by the Planning Board.
(b)
No artificial slope greater than 30° to
the horizontal shall be created.
(c)
No change in contour shall be made within 25
feet of any property line.
(d)
No artificial slope greater than 15° to
the horizontal shall be created within 50 feet of any property line.
(e)
No artificial slope greater than 15° to
the horizontal shall be created within 50 feet of any street line.
(f)
All artificial ponds and lakes created by any
change in land contours shall have sufficient water flow to maintain
the proposed level and to avoid stagnation.
(g)
The entire property except for ponds and lakes
shall be graded to shed water without erosion and to avoid stagnation.
(h)
All temporary structures and debris shall be
cleared from the land within the 60 days following the expiration
or revocation of the permit or the completion of the changes in contour,
whichever occurs earlier.
(i)
The top layer of arable soil for a depth of
six inches shall be set aside on the premises and shall be respread
over the premises in accordance with the approved contour lines within
the 30 days following the expiration or revocation of the permit or
the completion of the changes in contours, whichever occurs earlier.
(j)
No sorting, grading, crushing or other machinery
for treatment or processing of material being removed or deposited
shall be erected, maintained or operated on the premises for which
a permit may be granted.
(k)
No building shall be erected upon the premises
except temporary shelters for machinery and a field office.
(l)
Within the 60 days following the expiration
or revocation of the permit or the completion of the changes in contour,
the entire area disturbed from its natural state, including all truck
access and other service roads, shall be suitably graded with arable
soil and seeded with a perennial rye grass so as to prevent soil erosion.
(m)
All material deposited upon the premises for
the purpose of meeting the requirements of the approved contours shall
be clean, nonburnable fill containing no garbage, refuse, offal or
any deleterious or unwholesome matter.
(n)
All finished contours shall be a minimum of
six feet above any ledge or the natural water table, except in such
cases where the original land condition showed a ledge or water table
at a depth of less than six feet, in which case the existing conditions
shall be maintained as a minimum.
(o)
No sign of any nature, other than customary
traffic control, safety and trespassing signs, shall be posted or
erected in connection with the operation granted under these regulations.
(2)
The operation of any project involving the change
of contours shall be under the control of the Planning Board, who
shall prepare or approve a schedule as part of the permit, showing
the following:
(a)
Limitations on the days of the week or the hours
of the day during which work may be performed on the premises. However,
in no case will work be permitted before 7:00 a.m. or after 5:00 p.m.
or at any time on Sunday or New Year's Day, Washington's Birthday,
Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving
or Christmas.
(b)
Requirements as to the control of dust, noise,
fumes and lighting, if permitted, so as to prevent results injurious
or offensive to the general public.
(c)
Limitations as to the size and type of machinery
used upon the premises.
(d)
Town roads to be used to gain access to the
premises from state roads.
(e)
Limitations to axle loadings as required to
protect Town roads.
(f)
Provisions for preventing spillage of material
and the omission of dust and flying particles from vehicles transporting
materials removed from or to be deposited on the premises.
(3)
The Planning Board may at any time during the permit
year require an engineering progress report from the permittee, to
be made by a licensed civil engineer. If such report is not received
by the Planning Board within 30 days from date of such request, the
Planning Board may engage a professional engineer or land surveyor
to determine compliance with the terms of this regulation, and all
expenses in connection therewith shall be paid by the permittee.
F.
Variance of conditions. The Planning Board may vary or alter any conditions established under Subsection E(1)(b), (c), (d), (e), (h), (l) and (n) if, in its opinion, such variance or alteration is in harmony with the original application and the purpose and intent of the permit granted. Where the application is submitted by a nonprofit organization for the creation of recreation facilities on land owned by or under long-term lease to such organization, the Planning Board may waive any portion of this section which, in its opinion, would create an unnecessary burden or hardship.
G.
Responsibilities of permittee. The permittee shall be responsible to the Town of Southeast through the Planning Board for the compliance with all provisions of the special permit and to the Town of Southeast for the following. (All such responsibilities shall be reflected in the performance bond of Subsection H.)
(1)
Damage caused to Town roads by any equipment used
in performance of the operations covered by a special permit issued
pursuant to these regulations. All necessary road repairs are to be
made to the satisfaction of the Superintendent of Highways.
(2)
For supplying and placing all highway warning signs
and other safety devices as may be deemed necessary by the Town of
Southeast Town Board.
(3)
For removing all spillage that may accumulate on the
roadways in the Town of Southeast.
H.
Performance bond. The applicant shall file with the Planning Board of the Town of Southeast a performance bond, made to the Town of Southeast, in the form and with surety acceptable to the Planning Board, in such amount as the Planning Board shall deem sufficient to insure faithful performance of the work to be undertaken pursuant to the conditions of approval (Subsection E), the responsibilities of permittee (Subsection G) and revocation and suspension (Subsection K).
(1)
The term of such bond shall not extend more than 60 days beyond the expiration date of the permit granted or more than 60 days beyond the revocation of the permit in accordance with Subsection K.
(2)
No such bond shall be released, nor shall the permittee
be deemed to have complied with the conditions provided for herein,
until he has filed with the Planning Board a written statement, bearing
the seal of a land surveyor or engineer licensed to practice in the
State of New York, certifying that the final contours meet the requirements
of the permit, and inspection of the premises by an agent of the Planning
Board to assure that all other conditions have been met.
(3)
The Planning Board shall take steps to initiate action
for the calling of the performance bond as soon as practical, but
no later than 30 days following the sixty-day restoration period allowed
after completion of project, or expiration or revocation of the permit,
unless all work has been satisfactorily completed or the Planning
Board deems that extenuating circumstances warrant a limited extension
of the restoration period, in which case the bond must be renewed
for the same limited period.
I.
Approval or disapproval of application. The Planning
Board shall approve or disapprove an application within 60 days after
the public hearing.
(1)
Approval may be voted prior to the posting of a bond.
However, such approval is conditioned upon the posting of a bond satisfactory
to the Planning Board.
(2)
No map may be signed as being approved until the Planning
Board votes approval and a satisfactory bond is posted.
(3)
Approval of the application shall become effective
when the applicant files with the Town Clerk a plot plan signed by
the Chairman of the Planning Board.
J.
Enforcement of special permit. The Building Inspector
or any special agent appointed by the Planning Board shall have the
authority to enforce the provisions of any special permit.
K.
Revocation and suspension. The Planning Board may
revoke or suspend a special permit granted under these regulations
in accordance with the following:
(1)
The special permit may be revoked after notice in
writing and a public hearing for the following:
(a)
Violation of any condition of the permit.
(b)
Violation of any provision of this regulation
or any other law or regulation relating to the operation permitted.
(c)
The existence of any condition or the doing
of any act constituting or creating a nuisance or endangering the
life or property of another.
(2)
A written notice of any contemplated revocation must
be sent to the permittee at the address appearing on the application.
Such notice shall be by registered or certified mail and shall describe
the violation charged and the date upon which a public hearing shall
be held.
(3)
A permit may, at the discretion of the Planning Board, be suspended 24 hours after the postmark of the written notice of Subsection K(2).
In addition to any other provisions contained
herein, the Town of Southeast, acting through the Planning Board,
may take such civil action as may be deemed necessary to enforce any
of the provisions of this article.
[Amended 6-16-1988 by L.L. No. 5-1988]
Any person who violates any provision of this
article, upon conviction, shall be punishable by a fine of not more
than $250 or imprisonment for a period of not exceeding 15 days, or
both. Each day's continued violation shall constitute a separate additional
violation, and there shall be a fine of not more than $100 for each
additional violation therefor. Except as otherwise provided by law,
such violation shall not be a crime, and the penalty or punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
penalty or punishment and shall not impose any disability upon or
affect or empower the creditability as a witness or otherwise of any
person convicted thereof.
