[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 2-8-1971 as Ch. 17 of the 1971 Code. Sections 231-2, 231-13 and 231-14 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The terms used in this chapter shall be defined, deemed and construed to have the following meanings:
- Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Town of Ramapo or the office of the Rockland County Clerk.
- To dig, to excavate, to remove, to grade, regrade, level or otherwise alter or change the location or contour; to transport; or to supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or discing of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
- Any individual, firm, association, partnership or corporation or any group of two or more of them or anyone acting in behalf of said person.
- Any earth, topsoil, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter therein.
No person, firm or corporation shall move or cause, allow, permit or suffer to be moved any soil from, in or upon any land in the Village of Suffern unless and until a soil permit shall first have been issued by the Board of Trustees of the Village of Suffern.
No owner of any land in the Village of Suffern shall cause, allow, permit or suffer any soil in or upon such land to be moved from said premises by any person, firm or corporation until such person, firm or corporation has first obtained a soil permit to do so.
No soil permit shall be required in connection with the construction, alteration, addition to or repairing of any building erected or hereafter erected on any land or the excavation, filling, landscaping or grading incidental to the use of such building on said land, including the installation, repair or replacement of a sanitary system used in connection therewith, provided that the finished grade on such land after completion of said work shall not be lowered to a point more than six inches higher than the crown of the road abutting the property upon which such building shall be located. Further, any holes left as the result of excavation shall not be filled with stones, boulders, debris or stumps unless they are covered with at least three feet of soil.
Any person, firm or corporation desiring to excavate on any lands within the corporate limits of the Village of Suffern for the purpose of removing soil shall, before commencing work on such excavation, file with the Building Inspector a written application on a form furnished by the Village for a permit therefor, which application shall contain the following data:
Present contour lines and contour grades of the lots and lands.
Proposed contour lines and proposed contour grades resulting from such intended removal of soil, in relation to the adjoining property.
Grades of all abutting streets, lots and lands.
Such other pertinent data the Board of Trustees may require.
Said application and information attached thereto shall be reviewed by the Board of Trustees and may be refused or denied in the discretion of said Board; provided, however, that if, at the time of making said application, the applicant shall request a hearing in connection with the same, a date shall be set upon sufficient notice to afford the applicant an opportunity for such hearing. If, after examination of the application and data and hearing, if requested, the Board of Trustees shall approve of said application, the Village Clerk shall issue a permit subject to the terms of this chapter and any special conditions found necessary in this specific case. Said permit shall be good to the end of the calendar year and must be renewed each year.
Said application shall first be reviewed by the Building Inspector and then referred to the Board of Trustees with recommendation. Before final action is taken by the Board of Trustees in accordance with this chapter, the Board of Trustees shall refer the matter to the Planning Board of the Village of Suffern and shall consider the recommendation, if any, and advice of the Board.
In considering and reviewing the application and in issuing or denying the license, the Board of Trustees shall be guided by the general purpose of municipal planning and shall take into consideration the following factors:
Soil erosion by water and wind.
Surface water drainage.
Lateral support of abutting streets, lots and lands.
Public health and safety.
Land values and uses.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Village.
Before any permit shall be issued, the applicant shall file with the Board of Trustees of the Village of Suffern a performance bond with satisfactory surety, the amount to be determined by the Building Inspector and the Board of Trustees of the Village of Suffern, which bond shall be conditioned upon full and faithful performance by the principal within the time specified in the application of all the proposed work as set forth in the application and which may be found necessary by the Board of Trustees. In addition, the bond shall be conditioned upon the repair, at the expense of the owner or applicant, of any street or streets damaged by the transportation of soil in connection with the application if, in the judgment of the Board, such repairs are deemed to be necessary. The term "expense," as used in this section, shall include the cost and supervision incurred by the Village Building Inspector in connection with such repairs.
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but 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 levels and contour lines approved by the Board of Trustees of the Village of Suffern.
In the removal of soil, when permission has been duly granted to the owner or person, it shall be done in such manner that, upon completion, there shall be no sharp declivities, pits or depressions and in such a manner that, upon completion, the area shall be properly leveled off, cleared of debris and graded and seeded to conform to the contour lines and grades as approved by the Building Inspector and the Board of Trustees of the Village of Suffern. No operation governed by this chapter shall be permitted on Sunday or before 6:00 a.m. or after 6:00 p.m., Eastern standard time.
The Building Inspector, Village Engineer, Mayor and/or any member of the Board of Trustees or Planning Board shall have at all times the right to inspect any property where a license has been issued under the provisions of this chapter. In order to facilitate this right of inspection, the owners of said property shall cause sufficient grade and boundary stakes to be put in place while work is going on or about to commence. The Building Inspector, Board of Trustees and Planning Board shall have the right to inspect said property at any time for the purpose of laying out roads, drainage or for any other purpose deemed in the best interest of the Village of Suffern.
Together with the application, there shall be deposited with the Building Inspector a permit fee as set by resolution of the Board of Trustees in the Standard Schedule Fees of the Village of Suffern. However, the Board of Trustees may waive or modify this requirement for the entire payment initially but shall require not less than 10% of the total permit fee to be paid with the application. The balance of the fee shall be paid in monthly installments equal to the number of yards removed in each month multiplied by the amount stipulated in this section. The monthly installments shall be paid on or before the 10th day of the month following the month in which the soil or rock has been removed. Failure to make payment on this date shall result in suspension of the permit until all arrears shall have been paid.