[HISTORY: Adopted by the Town Board of the
Town of Warwick as § 30.44 of Ch. 30, Zoning, of the 1973
Municipal Code. Amendments noted where applicable.]
A.
It is the established policy of the Town of Warwick
(and this section for the purpose of promoting this policy) that the
natural topography of the land of the Town is a public asset which
should be preserved and safeguarded. It is hereby declared that the
various features of such topography, including the topsoil and other
natural materials that constitute the land, the shape or contour of
the land, the plant life and wildlife that is fostered on the land
and the water or the flow thereof upon the land, are of prime concern
to the welfare of the people of the Town of Warwick, and no changes
shall be permitted in such topography except those which are absolutely
necessary in order to permit the proper and appropriate use of the
land.
B.
It is also the established policy of the Town of Warwick
that the health, safety and welfare of its citizens must be protected
from the potentially harmful effects of excavation, mining, exploratory
drilling and production drilling, particularly as these activities
involve the areas of the Town where radioactive material may be located.
It is hereby declared that the policy of the Town of Warwick that
no such activities shall be allowed unless it can be clearly and convincingly
demonstrated to the Town of Warwick that there will be no resulting
detrimental effects on the health, safety and welfare of the citizens
of the Town. It is also hereby declared that the activities of mining,
exploratory drilling and production drilling are intended to be specifically
included as activities regulated by this chapter, and wherever the
language "regrading, removal or excavation of topsoil or other natural
materials" is found, such language is intended to include mining,
exploratory drilling and production drilling.
[Added 4-13-1987 by Ord. No. 83-1]
There shall be no regrading, removal or excavation
of topsoil or other natural materials from any property in the Town
of Warwick except as provided for herein. These provisions shall not
be construed as prohibiting or limiting normal use of land for farming,
gardening or similar agricultural or horticultural uses in any zoning
district where such uses are permitted, as is the case for sod farms.
A permit is not required for the following uses:
A.
Road building. For the excavation of topsoil and other
natural materials from within the limits of the right-of-way or slope
rights of any Town, county or state highway, or for the sole purpose
of building roads and slopes incidental thereto which lie within the
area of a subdivision approved by the Planning Board of the Town of
Warwick or on file in the County Clerk's office in Orange County,
New York; provided, however, that the Planning Board may waive or
modify any of the conditions prerequisite to such permit where gravel,
shale, fill or other borrow materials are sold exclusively to the
Highway Department of the Town, County of Orange or New York State
and where adequate assurances are given that the intent of the permit
requirements shall not be violated.
[Amended 5-2-1975]
B.
Minor improvement of property. For the improvement
of property, provided that such improvement shall not cover an area
more than three times that of the foundation of the new building or
structure for which a building permit has been issued by the Building
Inspector and which improvement shall conform to the following standards:
[Amended 5-2-1975]
(1)
Final slopes shall be finished at a grade no greater
than the natural angle of repose except where supported by a retaining
wall or foundation.
(2)
Any lakes or ponds that are created shall have sufficient
depth and inflow of water to prevent their becoming stagnant in dry
periods.
(3)
Topsoil may be removed in connection with any permitted
excavation, but shall be replaced to a depth of at least four inches
over all exposed ground surfaces, except rock, and said restored surface
shall be planted or seeded and mulched repeatedly as necessary until
the area is stabilized.
(4)
Topsoil or other natural materials which have been
excavated to permit the improvement of property may be removed from
the property, provided that the amount to be removed is not in excess
of that to be reused on the site of the improvement, and provided
that this amount is specified in the building permit for such improvement.
(5)
There is no processing of excavated materials by a
rock crusher or similar equipment on the premises.
(6)
Any regrading, removal or excavation which is permitted
under the provisions of this subsection, subject to the issuance of
a building permit, shall be completed within one year of the date
of the issuance of said permit.
C.
Landscaping. For landscaping purposes in which topsoil
is removed from one part of the property and deposited on another
part of the same property, provided that a cover of at least four
inches of topsoil shall remain after such removal and said restored
surface shall be planted or seeded and mulched repeatedly as necessary
until the area is stabilized.
A permit is required for the following uses:
A.
Major improvement of property. For the improvement
of property where the tree removal, topsoil removal, regrading or
excavation of topsoil or other natural materials exceeds an area more
than three times that of the foundation of the building, structure
or other improvement for which a building permit has been issued,
or for the improvement of property set forth above in excess of 1/4
acre in area for which a building permit has not been issued. Such
regrading, excavation, tree or topsoil removal may be permitted by
the Building Inspector in accordance with the requirements set by
the Planning Board and based on the following standards:
(1)
All other provisions of this chapter are adhered to.
(2)
Complete plans of the proposed excavation or regrading
are presented to and approved by the Planning Board.
(3)
The proposed excavation will not interfere with the
natural drainage of the area.
(4)
Any previous excavation or regrading on the property
has been accomplished and completed in accordance with all the provisions
of this chapter.
(5)
A performance bond may be required to ensure conformance
to all applicable standards and requirements.
B.
Commercial purposes. The regrading, removal or excavation of topsoil or other natural material for commercial purposes shall be deemed, for the purpose of this chapter, to be the regrading, removal or excavation of topsoil or other natural materials for other than the uses permitted under Subsections A, B and C of § 150-3. No commercial excavation shall be permitted until it has been found by the Planning Board that such excavation or any other operation accessory thereto, including mining, exploratory drilling and production drilling, will not be detrimental to the environment or to the appropriate and orderly development of any district in which it is situated after issuance of a permit by the Planning Board, according to the provisions of §§ 150-5, 150-6 and 150-7. Prior to issuance of a permit, the Planning Board may require the review of the application by a geologist as well as the submission of appropriate environmental forms (ret SEQR), the cost of which will be borne by the applicant.
[Amended 5-2-1975; 4-13-1983 by Ord. No. 83-1]
C.
Removal of shade trees. For the improvement of property
involving the removal by property owners of shade trees within the
right-of-way of any public road.
[Added 5-17-1974]
A.
Application and plans to be submitted.
[Amended 5-2-1973; 5-17-1974; 5-2-1975; 4-13-1983 by Ord. No. 83-1]
(1)
In all cases where a tree removal, topsoil removal,
surface grading of excavation is required, the applicant shall file
with the Planning Board a verified application in triplicate for such
permit, together with an application fee of $50 for all permits except
mining, exploratory drilling, production drilling and excavation,
which permits shall be $100. The cost of extraordinary professional
services required of the Town Engineer beyond the normal review process
shall be borne by the applicant. A complete set of plans for the proposed
operation which shall show the following will be required:
(a)
The location of the premises and its relation
to neighboring properties, showing all buildings and roads within
1,000 feet of the excavation site; the owner of the property, his
address and phone number and the relationship of the applicant to
the owner if they are not the same; the name of the company undertaking
the excavation, mining, exploratory drilling or production drilling
if the company undertaking the activities is not the same as the owner.
(b)
Complete plans of the proposed excavation or
regrading indicating location and scale dimensions of work area, proposed
buildings, paved area, underground utilities, private sewage disposal
facilities, and a plan for rehabilitation showing both existing and
proposed final contours at a maximum contour interval of five feet.
(c)
Location and present status of any previous
commercial operations on the property.
(d)
Detailed plans of the area to be excavated,
indicating amounts to be excavated, location of storage piles, existing
and proposed slopes, details of existing and proposed drainage, including
the proposed level of any impounded water, plans for erosion control,
location of all proposed structures and all excavating or processing
equipment and location of all proposed access drives to the excavation
site. The plan should also show the number of acres in the total property
as well as the total acreage to be excavated, location and number
of drill holes, depth and diameter of drill holes, angle of drill
holes, surface features of the property, technics and types of equipment
to be used in the excavation, mining, exploratory drilling or production
drilling and a statement indicating whether any blasting or use of
explosives is intended, and if so, of what type; the common name of
the material being sought should also be included; there should be
included an estimated time for completion of the work being contemplated
and a map showing existing geographical information, contours, water
bodies and streams and cultural features, on a scale of one inch to
each 100 feet, signed by a licensed professional engineer.
(e)
Computations by registered engineer or surveyor, showing how above amounts were determined in Subsection A(1)(d) above.
(f)
Specific location of all live trees in proposed
grading area and along twenty-five-foot-wide work area border with
a diameter of eight inches or larger prior to regrading, with a note
for each tree indicating removal or not, the same to be reviewed by
the Town Shade Tree Commission before approval is granted.
(2)
No grading, excavation, tree removal, mining, exploratory
drilling, production drilling or construction work shall take place
on the property until approval of the plan, with all conditions met.
(3)
In all cases where a tree removal permit is required,
the Planning Board shall notify, in writing, the Chairman of the Shade
Tree Commission of each application for such a permit.
[Added 5-17-1974; amended 5-2-1975]
B.
Accompanying certification. The application for an
excavation permit for commercial purposes shall be submitted in the
name of the owner or by any person duly authorized by such owner and
shall be accompanied by receipted copies of real property tax statements
for most recently paid state, county and Town and School District
taxes. There should be an explanation in the application of the real
parties of interest involved in the application. The Planning Board
desires information and will request information of the applicant
concerning any party involved in the application, including owner,
company involved in drilling, any and all agents involved for principals,
any subcontractors who are sublessees who may be involved in the excavation,
and documents submitted verifying all of the above relationships;
full disclosure of all parties in interest is required and any failure
to do so will effect the approval of the application; in the event
the applicant is a large company, a liaison from the applicant company
shall be appointed to act as official spokesman in relations with
the Town.
[Amended 5-2-1975; 12-5-1975; 4-13-1983 by Ord. No. 83-1]
C.
Performance bond. A performance bond, if required,
shall be posted with the Planning Board, in an amount and form to
be determined by the Planning Board, to ensure conformance to the
approved plans and all applicable regulations. The Planning Board
shall set a reasonable time limit for such bond, but not to exceed
one year, except in the case of continuing excavation operations,
when a bond may be renewed or extended with each permit renewal. Said
bond shall remain in full force and effect until a certificate of
completion has been issued by the Town Engineer, certifying to the
fact that all provisions of this chapter and conditions of the permit
have been complied with. In lieu of such bond, a cash deposit or certified
check may be posted with the Supervisor of the Town.
D.
Expiration and extension. Permits issued under this
chapter shall expire one year from the date of issuance, except that
the Planning Board may extend permits for one-year periods after complete
review of all plans and examination of work accomplished and proposed.
A public hearing may be held before the extension of a permit.
E.
Existing operations. In issuing a permit for commercial
excavations, the Planning Board may require that any commercial excavation
in operation at the time of adoption of this chapter comply with the
requirements of this chapter.
F.
Submission to Orange County Department of Health.
The plans for any proposed excavation shall be submitted by the applicant
to the Orange County Department of Health for approval in order that
it can be determined that there would be no change in the groundwater
level or creation of stagnant ponds which would endanger the public
health or safety. If required, the applicant will submit certified
water tests in areas of the Town where radioactivity may be a result
of excavation. Testing of any drill hole is to be done by an independent
laboratory, certified by the State of New York, after completion of
the hole. Before any further work is done at the site, the test must
be completed and the results reviewed by the Town, the Orange County
Department of Health and/or the State Department of Environmental
Conservation. If tests indicate levels of radioactivity above standards
set by Federal Water Quality Act, the uranium ban of the Town of Warwick
automatically applies and all activity must cease. The Town representative
shall observe the testing upon 48 hours' notice and the cost of an
additional $30 per test shall be paid by the applicant to the Town.
The cost of the test itself shall be borne by the applicant.
[Amended 4-13-1983 by Ord. No. 83-1]
G.
Village of Warwick watershed. There shall be no regrading,
removal or excavation of topsoil or other natural materials, including
mining, exploratory drilling or production drilling, in the Village
of Warwick watershed area as indicated on the map of said area located
in the Village of Warwick Village Hall, which is located in the Town
of Warwick.
[Added 4-13-1983 by Ord. No. 83-1]
A.
Buffering. No excavation for commercial purposes as
defined herein shall be closer than 50 feet to any street line or
other property line.
B.
Lateral support. The proposed operation shall not
adversely affect the lateral support of abutting land or other properties.
The slope of material in any excavation, excepting rock quarries,
shall not exceed the normal angle of repose or 45º, whichever
is less. The final slope of any excavated material shall not exceed
the normal angle of repose of such material, except where a suitable
retaining wall, as shown on approved plans, is built to provide lateral
support.
C.
Processing of excavated materials. No rock crusher
or similar apparatus or equipment used for the processing of excavated
materials shall be operated within 1,000 feet of the boundaries of
a site located in any residence district nor within 200 feet of any
street or property line of a site located in any nonresidential district.
D.
Truck access drives. Truck access drives to the excavation
site shall be located so as to minimize danger to traffic and nuisance
to surrounding properties. In order to prevent dust, such drives within
500 feet of any lot line or an excavation operation shall be kept
wet, oiled, treated with chemical dust deterrents or paved.
E.
Fences or barricades. Fences or barricades shall be
erected to protect pedestrians and vehicles. Where any open excavation
will have a depth of 10 feet or more and a slope of more than 30º,
there shall be a substantial fence, as approved by the Planning Board,
with suitable gates where necessary, effectively blocking access to
the area in which such excavation is located. Such fence shall be
located 50 feet or more from the edge of the excavation. All operations
shall be screened from nearby residential uses, as may be required
by the Planning Board, and all other areas deemed necessary by the
Planning Board to protect the general public from a possible safety
hazard.
[Amended 4-13-1983 by Ord. No. 83-1]
F.
Interference or endangerment. No excavation shall
be permitted which would interfere with public utility systems or
which would create or aggravate any condition detrimental to the public
health and safety. Such condition shall include the transportation
of large machinery and material through the Town of Warwick, and all
such truck routes shall be included on any application, including
the proposed tonnage of vehicles and the number of trips.
[Amended 4-13-1983 by Ord. No. 83-1]
G.
Natural drainage. No excavation shall be permitted
which would interfere with the natural drainage of the general area
surrounding the excavation site. All existing watercourses shall be
preserved, except that such watercourses may be relocated in accordance
with the approved plans, provided that satisfactory provisions are
made for the maintenance of flow. Any lakes or ponds that are created
shall have sufficient depth and inflow of water to prevent their becoming
stagnant in dry periods. There shall be no discharge of oil or gas
to streams or bodies of water; proper environmental safeguards must
be taken with regard to erosion control measures and runoff control
at sites and access roads; water from drilling processes must not
discharge into any surface stream or body of water which should be
contained in a holding pool for seepage back into the ground.
[Amended 4-13-1983 by Ord. No. 83-1]
H.
Refilling. All pits, quarries, holes or other excavated
areas shall be refilled with clear, nonburnable fill containing no
garbage, refuse or harmful matter to the natural grade of the property.
The Planning Board may specifically waive the provisions of this subsection,
provided that it shall find that refilling is not necessary to satisfy
all the provisions of the chapter. All sites must also comply with
any requirements of the Mine Reclamation Act of the State of New York.
[Amended 4-13-1983 by Ord. No. 83-1]
I.
Storage piles of materials. Storage piles of materials,
including waster materials, shall be located only at approved places,
and in no case any closer to property line than is permitted for excavations.
After completion of excavation operations, waster materials shall
be used in filling all open pits, quarries, etc. Piles of excess waster
materials shall be leveled. The site should be cleaned of any debris
or garbage remaining and be replanted to a condition as good as prior
to start of operation and as may be required by the Planning Board.
[Amended 4-13-1983 by Ord. No. 83-1]
J.
Soil erosion. Every precaution shall be taken to prevent
soil erosion by water or wind during operations. After any such operation,
the site shall be made reusable for a use permitted in the district.
Where topsoil is removed, sufficient arable soil shall be set aside
for retention on the premises and shall be respread over the premises
after the operation. The area shall be brought to final grade by a
layer of earth of two feet or original thickness, whichever is less,
capable of supporting vegetation. Upon completion of replacement of
topsoil, it shall be harrowed or raked to establish a seedbed and
shall be seeded with grass, permanent pasture mixture or other approved
fast-growing vegetation and repeated as necessary until the area is
stabilized.
K.
Hours of operation. No excavation operations or processing
of excavated materials shall take place between the hours of 7:00
p.m. and 7:00 a.m. nor at any time on Sundays or legal holidays.
L.
Accessory uses. Excavated materials from one property
shall not be processed on another property.
M.
Soil fertility. The proposed operation shall not adversely
affect soil fertility.
N.
Power. All machinery and equipment shall be electrically
operated, except for bulldozers, shovels and other equipment used
for excavation, collection of material, loading or hauling.
O.
Noise levels. No excavation operations shall take
place except within noise levels to be determined by current standards
for workers on the site and the fence-line noise level to be set by
the Planning Board for protection of neighboring properties. The Planning
Board will determine a fence-line level after estimated noise levels
are submitted by the applicant for review. Information should be included
in the original application.
P.
Blasting. Blasting should take place in conformity with state requirements and with requirements of Chapter 63 of the Code of the Town of Warwick entitled "Blasting and Explosives." All storage of explosives should be done in accordance with accepted safety practices and standards.
[Amended 4-13-1983 by Ord. No. 83-1]
[Amended 5-2-1975; 11-9-1977; 4-13-1983 by Ord. No. 83-1]
A.
Enforcement. This chapter is to be enforced by the
Building Inspector.
B.
Coverage. The provisions of this chapter shall be
made applicable to all excavations or excavated areas which are being
worked at the time this chapter shall become effective. No excavation
shall be continued or extended in area after the effective date of
this chapter without a permit therefor first being secured.
C.
Other jurisdictions. The foregoing provisions providing
for the enforcement of the regulations contained in this chapter are
not exclusive but are in addition to any and all other laws applicable
thereto.
D.
Inspection. Any person applying for an excavation
permit or any person or persons authorizing or consenting to such
application shall be deemed to have authorized the Building Inspector
to go upon the premises at any reasonable time for the purpose of
inspecting the same in order to determine that the provisions of this
chapter are being or have been complied with.
[Amended 5-2-1975; 4-13-1983 by Ord. No. 83-1]
A permit from the Planning Board shall be required
for all commercial timber harvesting and for all noncommercial operations,
as defined herein, on forest land in the Town of Warwick, New York.
[Amended 5-2-1975; 4-13-1983 by Ord. No. 83-1]
The Planning Board shall receive the following
information from the landowner before recommending a permit for forest
land improvement:
A.
Summary. A summary of cutting operations, to include:
(1)
Total land area involved in cutting operations.
(2)
The number of trees of each species to be cut.
(3)
The range, in inches, of diameter of trees to be cut.
(4)
The total board-foot volume for each species to be
cut.
(5)
The total volume to be removed from the cutting area.
(6)
The average number of trees per acre to be removed.
(7)
The average number of board feet per acre to be cut.
C.
Landowner's statement. A statement from the landowner
that each tree to be removed has been designated by a professional
forester, with paint or other distinctive means, at two points so
as to be readily visible by the buyer. One point shall be low enough
on the tree so as to be visible on the stump after the tree is removed.
Trees being removed for other than sawtimber need not be marked on
the stump.
[Amended 5-2-1975]
A.
Scope of operation. Operations in excess of 10 acres
in area in any one calendar year are subject to review and approval
by the Planning Board.
A.
Conservation practices. The proposed operation shall
not adversely affect drainage, possible growth of vegetation and the
general appearance of the landscape, nor shall it contribute to soil
erosion by water or wind.
B.
Adjacent property. Trees falling on adjacent properties
as a result of an improvement operation shall immediately be returned
to the permittee's property.
C.
Management practices. Loading areas shall be smoothed
to remove all ruts and debris. Waste materials shall be buried or
removed to a point out of sight of any public road.
[Amended 5-17-1974; 5-2-1975]
D.
Hours of operation. No harvesting, cutting or sawmill
operations or removal of products shall take place between the hours
of 7:00 p.m. and 7:00 a.m. nor at any time on Sundays or legal holidays.
E.
Expiration and extensions. The term of this permit
shall be for one year. However, since forest stand improvement operations
may be adversely affected or delayed by unusual circumstances of weather
or other occurrences, an extension of one year shall be available
on the recommendation of the Town Engineer when requested by the landowner.
F.
Standards. The Town Engineer shall recommend that
the following standards be invoked where necessary:
(1)
Top lopping or removal of debris within 100 feet of
any Town road, or leaving an uncut screen along such roads.
(2)
Construction of water bars and the seeding of logging
skid roads to prevent or reduce erosion.
(3)
To ensure compliance by the permittee with the standards
of this chapter, a performance bond (in a suitable amount) may be
required.
G.
Additional requisites. The Planning Board, with the
advice of the Regional Forester on approved forestry practices, may
make additional rules regarding the periods of operation, size of
trees cut, incidental earthmoving, access roads, reforestation and
prevention of forest fires.
[Added 5-14-1987 by Ord. No. 87-1; amended 6-8-2000 by L.L. No. 2-2000]
A Schedule of Fees has been adopted by the Town Board pursuant to Chapter 75.
[Added 8-16-2007 by L.L. No. 2-2007]
A.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine of $500. In addition, a fine not exceeding $250 per day for each day the violation continues after notice of such violation by the Code Enforcement Officer shall be assessed. Such notification by the Code Enforcement Officer shall notify the property owner of the violation, the fine for continued violation and the necessity to submit a mitigation/remediation plan addressing the violation within 10 days. In addition, if the violation has occurred in an area designated as a sensitive area as defined in § 164-46B(3) of the Code of the Town of Warwick, the property owner shall, within the same ten-day period referred to above, make application to the Planning Board for site plan approval.
[Amended 2-25-2021 by L.L. No. 1-2021]
B.
Upon submittal of a mitigation/remediation plan acceptable
to the Code Enforcement Officer, the fine may be suspended for a period
of 10 days to allow for implementation of the plan. Failure to implement
the mitigation/remediation plan within that ten-day period will result
in resumption of the two-hundred-fifty-dollar-per-day fine and issuance
of a court appearance ticket by the Building Official.
C.
If Planning Board site plan approval is required,
as noted above, the fine may be suspended for any reasonable period
of time to allow for proper and thorough Planning Board review. In
this connection, any delays caused by the property owner’s failure
to timely furnish required information to the Planning Board may be
included in the number of days for which the fine can be levied.
D.
For purposes of this chapter, each day a violation
shall continue shall constitute a separate and distinct offense.
