[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock 3-10-1974 by L.L. No. 1-1974 as Art. 20 of the 1974 General Ordinance. Amendments noted where applicable.]
It is found and declared that:
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.
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.
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.
The foregoing removal and excavation result in such conditions and others which are detrimental to the public safety, health, welfare, good order and peace.
Changing existing water levels, dredging and filling 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.
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.
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 removal of live trees having a trunk girth of more than 25 inches at four feet above grade or 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 the removal of live trees, excavating and backfilling 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 except in connection with the construction of improvements and changing of contours for roads and drainage in accordance with subdivision plans and contour maps formally approved by the Village Planning Board for such premises; or except for landscaping, normal grounds maintenance or agricultural gardening, farming or horticultural activities; or except for which the Board of Trustees shall have granted a special permit authorizing such cutting of trees, dredging, filling, excavating or removing upon the conditions hereinafter specified.
Before any special permit shall be granted, a written application shall be submitted to the Board of Trustees, together with maps and plans showing the following:
A complete description of the proposed work, including the number, size and location of live trees to be cut down or the amount of material to be dredged, filled, excavated, removed, deposited or moved and the proposed disposition thereof;
The location and dimensions of the affected premises, including the area to be dredged, filled or excavated;
Existing contour lines on the premises and proposed contour lines resulting from the intended dredging, filling or excavating shown on a map drawn to a scale not less than 100 feet to the inch and with a contour interval not to exceed two feet;
Existing and proposed drainage on the premises;
Surrounding properties and streets; and
Proposed truck access to the property for any material to be moved over existing streets within the village.
The Board of Trustees may grant a special permit for a limited period of time, not exceeding one year, if it shall find that the proposed removal of live trees, dredging, filling, excavating or removing will not result in the creation of any sharp declivities, pits or depressions; will not tend to result in soil erosion, fertility problems, erosion, storm damage, flooding or pollution; will not cause depressed land values; and will not destroy the ecological value of wetlands or create any drainage or sewerage problems or other conditions which would impair the use of the property in accordance with Chapter 195, Zoning, or Chapter 162, Subdivision of Land, or which would cause any damage to private or public property within the village and that such removal of live trees, dredging, filling, excavating or removing will be in harmony with the general purpose and intent of Chapter 195, Zoning, or Chapter 162, Subdivision of Land.
A permit shall be granted only upon the following conditions and in accordance with the Chapter 162, Subdivision of Land:
The premises shall be filled, dredged, excavated and graded in conformity with the proposed contour plan as approved;
Slopes shall not exceed a ratio of two vertical feet to four horizontal feet;
No fixed or movable machinery shall be erected or maintained within 300 feet of any property or street line, and no buildings shall be erected on the premises, except temporary shelters for machinery and field offices;
There will be no sharp declivities, pits or depressions, and proper drainage will be provided to avoid stagnant water;
After dredging, filling, excavating or removing the premises shall be cleared of debris;
Where applicable, the top layer of arable soil for a depth of six inches shall be set aside and retained on the premises and shall be respread over the premises upon completion of the dredging, filling, excavating or removing in accordance with approved contour lines. Trees, shrubs, brush, sod and other flora shall be replaced to the extent and within such time limitation as may be required by the Board of Trustees; and
The applicant shall deposit or file with the village an appropriate amount of cash or, if said Board permits, a performance bond in form and with surety acceptable to the Board, in such amount as the Board shall deem sufficient, to insure the faithful performance of the work to be undertaken pursuant to the conditions of approval and to insure repairs to any streets (public or private) or any public property damaged by trucks or other machinery using the same for access to and from the premises being dredged, filled or excavated.
In addition to and in furtherance of the exceptions noted in § 59-2 hereof, this chapter shall not be deemed to prevent:
Usual landscaping, gardening and maintenance of lawns of private residences and commercial or industrial structures.
Bona fide farming operations.
Maintenance and operation of playgrounds and parking fields.
Maintenance of operating golf courses.
The cutting down of dead trees and branches.