The Board of Trustees of the Village of Piermont finds that it is necessary
to prevent the indiscriminate disturbance and clearing of land so as to preserve
the physical and aesthetic character of the Village, to ensure erosion control,
to promote minimal adverse disturbance to existing vegetation, to minimize
the need for additional storm-drainage facilities, to retain trees and other
vegetation for wind protection, to reduce air pollution and to preserve and
to enhance wildlife and wildlife habitats. In order to achieve such objectives,
this chapter is adopted.
This chapter seeks to promote the public health, safety and general
welfare and to minimize public and private losses due to indiscriminate land
disturbance by the adoption of provisions designed to:
A. Regulate activities which are dangerous to health, safety
and property due to water and erosion hazards and landslides resulting from
indiscriminate land disturbance.
B. Control the alteration of natural stream channels and
natural protective barriers which are essential to the accommodation of stormwater
runoff.
C. Control filling, grading, excavation operations and other
disturbances which may increase erosion.
D. Regulate the construction of barriers which will unnaturally
divert water to other lands.
No land clearing, grading, filling, excavation or other operations resulting
in land disturbance shall be permitted in the Village of Piermont except upon
the issuance of a land-disturbance permit by the Planning Board. Additionally,
the use of motorized equipment to cut trees or to clear land or which disturbs
land shall require a land-disturbance permit from the Planning Board.
As used in this chapter, the following terms shall have the meanings
indicated:
LAND DISTURBANCE
Land shall be deemed to be in a disturbed state if it is moved, filled
or traveled over by construction equipment.
The procedure to obtain a land-disturbance permit shall be in accordance with Article
XIV, Site Development Plan Approval, of Ch.
210, Zoning, of this Code.
This chapter shall not prohibit the ordinary maintenance of property,
including the removal of dead or diseased trees, trimming, pruning of hedges,
shrubs and trees or the removal of healthy trees and vegetation in a manner
consistent with acceptable horticultural and forestry principles.
Any person who permits or causes land disturbance in violation of this
chapter shall be liable to restore the property so as to eliminate or mitigate
the adverse result of such land disturbance. Any person who permitted or caused
land disturbance during the moratorium adopted on February 20, 1990, or subsequent
to the adoption of this chapter shall be required to comply with the remediation
requirements and procedures of this chapter.