[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:
A.Â
Present contour lines and contour grades of the lots and lands.
B.Â
Proposed contour lines and proposed contour grades resulting from
such intended removal of soil, in relation to the adjoining property.
C.Â
Grades of all abutting streets, lots and lands.
D.Â
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:
A.Â
Soil erosion by water and wind.
B.Â
Surface water drainage.
C.Â
Soil fertility.
D.Â
Lateral support of abutting streets, lots and lands.
E.Â
Public health and safety.
F.Â
Land values and uses.
G.Â
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Village.
H.Â
Water table.
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.[2] 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.
