It is found and declared that:
A.
The removal of protective topsoil, sod, trees and
flora as well as the removal of sod, topsoil, subsoil, earth, and
gravel from areas within the Village results in the washing of silt
and mud into the Village's catch basins and storm drains during and
after heavy rainfalls and reduces the absorption of water into the
soil, thereby creating flooding conditions after heavy rainfalls and
creating unnecessary erosion and damage to public and private property
within the Village.
B.
The excavation of soil, subsoil, earth and gravel
tends to result in unreasonable odors, smoke, dust, noise, and vibrations
and to result in dangers from pits, holes, gullies, water, cliffs,
sharp declivities, sliding earth, and hazardous machinery in close
proximity to residential areas.
C.
The foregoing removal and excavation tend to destroy
the natural rural aspect of the community, to depress property values,
to create traffic hazards and to deteriorate the public roads and
streets within the Village.
D.
The foregoing removal and excavation result in such
conditions and others which are detrimental to the public safety,
health, welfare, good order and peace.
E.
Changing existing water levels, dredging and tilling
lowland, lakes, ponds, marshes or other watercourses results, or may
result, in erosion, storm damage, flooding, pollution, and other damage
to the land so altered or to adjoining properties.
F.
Dredging and/or filling tends to result in unreasonable
odors, smoke, dust, noise and vibrations and to result in dangers
from erosion, storm damage, flooding and pollution, as well as traffic
hazards and deterioration of roads and streets within the Village.
G.
The provisions and prohibitions contained in this
chapter are in pursuance of and for the purpose of securing and promoting
the public health, comfort, safety and welfare of the Village and
its inhabitants.
Within the Village there shall be no dredging,
filling, excavating, disturbing or removing of earth, loam, topsoil,
sand, gravel, clay, stone or sod for removal from, placement on or
for use upon the premises on which the same shall occur except:
A.
For excavating and back filling in connection with
the bona fide construction or alteration of a building on such premises
for which a building permit has been issued by the Building Inspector;
or
B.
In connection with the construction of improvements
and changing of contours for roads and drainage in accordance with
the subdivision plans and contour maps formally approved by the Village
Planning Board for such premises; or
C.
For landscaping, normal grounds maintenance or agricultural
gardening, farming or horticultural activities; or
D.
Activities for which the Planning Board shall have
granted a special permit authorizing such dredging, filling, excavating,
disturbing or removing upon the conditions hereinafter specified.
