[HISTORY: Adopted by the Board of Trustees of the Village of Walden 12-8-1987 by L.L. No. 7-1987 (Ch. 63A of the 1982 Code). 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 the Village's Zoning Law and other applicable ordinances.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.
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 includes the stripping of soil.
- ENFORCEMENT OFFICER
- The Village Building Inspector or other person so designated by the Village Board.
- 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, combustible or hazardous or toxic materials of any kind. Demolition or construction waste shall not be acceptable fill material.
- The changing or alteration of the surfaces of slopes of lawns or grounds on a site.
The enforcement officer shall administer and implement this chapter of the Code by processing all applications and referring such applications to the Planning Board.
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 Planning Board. The permit shall be valid for six months and can be extended by action of the Planning Board.
The following information or exhibits are required in order to secure a permit:
Engineering drawings showing the tax lot upon which the activity will be conducted.
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.
A plan showing all existing and proposed contour lines, amounts 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.
An erosion control plan.
Preliminary copies of any contracts to perform such clearing, filling and grading, which contract shall state that it is subject to this chapter of the Code, which shall be attached to and become a part of such contract.
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.
Proof of liability 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 applicant's 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.
Completion date and any other information which the Planning Board deems reasonable in reviewing the application.
Operations shall be conducted only during daylight hours.
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.
The Planning Board may refer such application to other Village agencies for their review and recommendation. 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.
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 condition which increases erosion or results in any unstable conditions upon the site or adjacent properties or wetlands.
The Planning Board may contract appropriate surveillance of the site on a twenty-four-hour, seven-days-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 and to conduct the appropriate surveillance. Any and all costs for this service will be estimated by the Planning Board prior to the issuance of a permit, and the applicant will then be required to post a certified check to cover such costs.
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.
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.
The applicant shall be required to post a performance bond, money or other security acceptable to the Village, in an amount to be determined by the Planning Board and in a form satisfactory to the Village Attorney, 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 shall forfeit the performance bond or money security deposit in order to underwrite the expense in making such repairs.
Penalties for violation of this chapter shall be in accordance with the provisions set forth in the Walden Code.
All expenses incurred by the Village in connection with making the necessary repair, including but not limited to any administrative and legal costs relating thereto, either not covered by the performance security or in excess of the performance security shall be assessed against the land on which said clearing, filling and grading has occurred and shall be levied and collected in the same manner as provided in Article 5 of the Village Law for the levy and collection of real property taxes.