[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 2-1-1988 by L.L. No. 2-1988. Amendments noted where
applicable.]
The purpose of this chapter is to promote the public health, safety and general welfare and to ensure that the clearing, filling and grading of properties are safely conducted in conformance with Chapter 245, Zoning, and other applicable ordinances.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
CLEARING
ENFORCEMENT OFFICER
FILLING
GRADING
As used in this chapter, the following terms shall
have the meanings indicated:
The removal of trees over eight inches in diameter measured
at four feet above ground level, and shall include the stripping of
soil. However, additions or alterations to one- or two-family homes
shall be exempt from this chapter.
The Village Code Enforcement Officer or other person so designated
by the Board of Trustees.
The placement of soil, rubble, spoils, rocks and/or any other
appropriate fill on any property for the purpose of raising or elevating
any portion of a property. "Filling" shall not include the burying
of garbage, trash or hazardous materials of any kind. Nonhazardous
refuse, demolition or construction waste originating within the village
may be deemed to be acceptable fill material.
The changing or alteration of the surfaces of slopes of lawns
or grounds on a site.
[Amended 12-7-2015 by L.L. No. 7-2015]
The Enforcement Officer shall administer and
implement this chapter by processing all applications.
[Amended 8-11-1997 by L.L. No. 4-1997; 12-7-2015 by L.L. No. 7-2015]
No person shall conduct or cause to be conducted
any land operations to clear, fill or grade any property without securing
a permit from the Enforcement Officer. The fee for said permit shall
be as set forth in the Village schedule of fees.[1]
The following information or exhibits are required
in order to secure a permit:
A.
Engineering drawings showing the tax lot upon which
the activity will be conducted.
B.
The names and addresses and the section, block and
lot numbers of all contiguous property owners and the names and addresses
and section, block and lot numbers of all property owners located
within 500 feet of the proposed site.
C.
A plan showing all existing and proposed contour lines,
amount of fill to be placed or displaced, location of trees over eight
inches in diameter measured four feet from the ground and road access
to the site.
D.
An erosion control plan.
E.
Preliminary copies of any contract to perform such
clearing, filling and grading, which contract shall state that it
is subject to this chapter and that a copy of this chapter shall be
attached to and become a part of such contract.
F.
Documentation regarding permit status with the New
York State Department of Environmental Conservation prior to the issuance
of a permit. Any New York State Department of Environmental Conservation
permit required must be in effect prior to the village issuing a permit.
G.
Proof of insurance adequate to cover the intended
work pursuant to the terms of the permit. The village shall be named
as an additional insured on the applicants policy. The applicant shall,
by a separate instrument, agree to indemnify and hold harmless the
village from any claims arising out of the intended activity.
H.
Completion date and any other information which the
Enforcement Officer deems reasonable in reviewing the application.
[Amended 12-7-2015 by L.L. No. 7-2015]
A.
Operations shall be conducted only during the hours
of 7:00 a.m. to 7:00 p.m. No operations shall be conducted on Sundays
or holidays.
[Amended 8-11-1997 by L.L. No. 4-1997]
B.
Prior to the issuance of a permit, the Planning Board
shall hold a public hearing on 10 days' notice. Notification of the
proposed hearing shall be given by the applicant to all abutting property
owners and all other owners of property within 500 feet of the intended
site. Proof of such notice shall be given by certified mail, return
receipt requested, and, at the time of the public hearing, the applicant
shall file proof of service of the notice of public hearing.
[Amended 12-7-2015 by L.L. No. 7-2015]
C.
The Planning Board may engage the services of an independent
consultant to review the application and supporting documentation,
and the fees to be paid such consultant shall be reimbursed to the
Village pursuant to the Village Code.
[Amended 12-7-2015 by L.L. No. 7-2015]
D.
Clearing, filling and grading shall be done in such
manner as not to result in an increase of surface water runoff onto
any other properties and shall not result in any conditions which
increase erosion or result in any unstable conditions upon the site
or adjacent properties or wetlands.
[Amended 12-7-2015 by L.L. No. 7-2015]
E.
The Planning Board may contract appropriate surveillance
of the site on a twenty-four-hour, seven-day-per-week basis until
the activity is completed. The applicant shall be required, as a condition
of the permit, to sign the permit authorizing the Village, its employees
or agents to enter onto the applicant's property to conduct the appropriate
surveillance. Any and all costs for this service will be estimated
by the Village prior to the issuance of a permit, and the applicant
will then be required to post a certified check to cover such costs.
[Amended 12-7-2015 by L.L. No. 7-2015]
F.
The Planning Board may impose any other reasonable
conditions on the permit, such as screening, access controls, dust
controls, site security, etc., which the Planning Board believes is
necessary in order to adequately maintain the site.
[Amended 12-7-2015 by L.L. No. 7-2015]
[Amended 12-7-2015 by L.L. No. 7-2015]
The Planning Board's permission to clear, fill
or grade property shall not be required for the planting of landscaping,
grading lawn areas, normal repairs to occupied property, correcting
hazards representing an imminent threat to life or property, removal
of dead wood, harvesting of firewood, not to exceed four live trees
per year over eight inches in diameter measured four feet above ground
level, or for land development pursuant to but not prior to a building
permit, approved subdivision and site plan.
[Amended 12-7-2015 by L.L. No. 7-2015]
The applicant shall be required to post a performance
bond or money security deposit in an amount to be determined by the
Planning Board, to be posted with the Village Clerk, to guarantee
the satisfactory restoration of any state, county or Village roads
or other public property which might be damaged as a result of the
activities of the applicant in clearing, filling and grading pursuant
to the terms of this chapter. In the event that the applicant fails
or refuses to make the necessary repairs, the Village Board of Trustees
shall forfeit the performance bond or money security deposit in order
to underwrite the expense in making such repairs.
[Amended 8-11-1997 by L.L. No. 4-1997; 10-17-2022 by L.L. No.
3-2022]
The Board of Trustees may impose a fine in the
amount not to exceed 150% of the Village's actual costs incurred in
correcting the conditions caused by noncompliance with this chapter,
including consequential damages paid by the Village. This fine shall
be imposed in place of the penalties provided for in Chapter 254 (Zoning).
The fine of 150% shall be of the total costs to the Village, regardless
of any and all reimbursement to the Village by the applicant to cover
those initial cost estimates. In addition, or alternatively, a violation
of this chapter shall be punishable by a fine of not more than $250;
and which charge, under this chapter, shall be a petty offense or
infraction, and not a crime. The continuation or repeat of a violation
of, or failure to comply with, any provision of this chapter shall
constitute, for each occurrence that transpires or each day on which
the violation continues, a separate and distinct charge hereunder.
