[Adopted 4-14-2010 by L.L. No. 4-2010]
The purpose of article shall be to establish a soil excavation
and mining statute in the Village of Wappingers Falls.
It is established policy of the Village of Wappingers Falls,
and this chapter is adopted for the purpose of promoting this policy,
that the natural topography of the land of the Village 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 soil and mineral resources that constitute the land, the
shape or contour of the land, the plant life and wildlife that is
fostered on the land and water or the flow thereof upon the land,
are of prime concern to the welfare of the people of the Village of
Wappingers Falls, and no changes shall be permitted in such topography
except as hereinafter provided.
For the purposes of this chapter, certain words and terms used
herein are defined as follows:
Any lot or parcel of land.
Any physical matter which is part of the earth.
The removal of natural deposits of rock, soil or such other
materials for use on other than the same site or for sale.
The outer layer of the earth in which vegetable matter may
take root and grow.
There shall be no regrading, removal or excavation of topsoil
or other soil and mineral resources from any property in the Village
of Wappingers Falls, New York, except as provided herein. These provisions
shall not be construed as prohibiting or limiting normal use of land
for farming or gardening.
Uses for which a topsoil and excavation permit are required
shall be as follows:
A.
General site improvement: for the improvement of property where the
regrading, removal or excavation of topsoil or other soil and mineral
resources or the clearing of live, healthy trees three inches diameter
at breast height (dbh) or larger and in connection with soil mining
activities is not made in connection with the construction of a dwelling,
multiple dwelling, building or any other structure or structures for
which a building permit has been issued. Such regrading, excavation
or topsoil removal shall be permitted by the Building Inspector or
Zoning Administrator in accordance with the following standards:
(1)
All other provisions of this section are adhered to.
(2)
Complete plans of the proposed excavation or regrading are presented
to the Zoning Department, which shall include the following:
(a)
Existing topography of the property at five-foot contour intervals.
(b)
The existing location of any streams or intermittent streams
within or bounding the property.
(c)
Soil types, as defined in the Dutchess County Soil Survey, found
within the boundaries of the property.
(d)
Details of erosion control on regraded or exposed soil surfaces.
(3)
The proposed excavation or regrading will not interfere with the
natural drainage outside of the immediate excavation area.
(4)
Any previous excavation or regrading on the property has been accomplished
and completed in accordance with all the provisions of this article.
A.
This article is to be enforced by the Zoning Administrator or Building
Inspector.
B.
The provisions of this article shall be applicable to all excavations,
excavated areas and stockpiled materials which are being worked at
the time this chapter becomes effective, except that existing soil
mining operations shall be allowed a one-hundred-eighty-day period
for compliance.
C.
Any owner, lessee, tenant or person in possession or any person who
violates or causes or participates in the violation of the provisions
of this chapter shall, upon conviction thereof, be guilty of a violation
and shall be liable to a penalty of up to $1,000 per violation. Whenever
any person shall have been notified in writing by the Zoning Administrator
or Building Inspector that he is violating the provisions of this
chapter or is served with a summons or warrant accusing him thereof,
each week that he shall continue such violation after such notification
or service shall constitute a separate additional violation. Notwithstanding
the penalties herein provided, the Village may maintain an action
or proceeding in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of any provision of
this chapter.
D.
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.
E.
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 Zoning Administrator or 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.
F.
The provisions of this chapter shall become effective immediately
upon the filing thereof with the Secretary of State of the State of
New York.
Any person, firm or entity making application for a permit for
the extraction of soil and mineral resources in the Village of Wappingers
Falls shall pay, at the time of application for a continuance of a
permit to the Village Clerk of the Village of Wappingers Falls, the
fee set by resolution of the Village Board.
Any person, firm or entity making application for a permit for
the extraction of soil and mineral resources in the Village of Wappingers
Falls shall be required, prior to the issuance of such permit, to
post a bond or other similar security conditioned upon his or its
faithful performance of the permit terms, in an amount to be determined
by the Village Engineer.
