[Amended 1-22-2013 by L.L. No. 1-2013]
Excavations not involving removal of fill or other material from the premises in excess of 40 cubic yards or removal of topsoil from an area of 4,000 square feet or more and filling operations shall be unlawful without a permit for the purpose granted in accordance with the provisions of §§
190-12 through
190-14, which permit shall either be a minor excavation or fill permit issued by the Building Inspector or a permit issued by the Planning Board as a special permit.
[Amended 1-22-2013 by L.L. No. 1-2013]
Each application for issuance of a permit under this article shall be made on the same form and in the same manner as an application for permit under Article
II hereof, with such changes therein as may be required by the following modifications of those provisions.
A. All applications shall be made to the Building Inspector. If the amount of fill to be excavated and removed from the premises or brought onto the premises from outside the boundaries thereof does not exceed 40 cubic yards, or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in §
190-2], or if the amount of topsoil to be moved is less than 4,000 square feet, the Building Inspector may, in his discretion, either issue a minor excavation or fill permit or refer the matter to the Planning Board for consideration of the issuance of a permit. In all other cases, the Building Inspector shall refer the matter to the Planning Board for consideration of the issuance of a permit.
B. In the discretion of the Building Inspector, if the volume of the material to be excavated or fill deposited or placed on the premises shall not exceed 40 cubic yards if the excavated material is to be removed from the premises or fill is to be brought onto the premises from outside the boundaries thereof or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in §
190-2] or, if topsoil is to be removed, the amount thereof is less than 4,000 square feet, the requirements that a licensed engineer, registered architect, or land surveyor present the material listed in §
190-4E may be eliminated, but the same basic information shall be required from the applicant.
[Amended 1-22-2013 by L.L. No. 1-2013]
Where application has been made for a building permit under the provisions of Chapter
450, Zoning, and the documents submitted with that application show that, as an incident to the construction, fill is to be deposited, moved or placed on the premises or fill or material is to be excavated or topsoil moved in an amount not exceeding 40 cubic yards if the excavated material is to be removed from the premises or fill is to be brought onto the premises from outside the boundaries thereof or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in §
190-2] or, if topsoil is to be removed, the amount thereof is less than 4,000 square feet, such application for a building permit shall, without the payment of any additional fee, be considered an application under this Article
III for a minor excavation or fill permit, and the pertinent provisions hereof shall be applicable thereto, including the reference of the application to the Planning Board and the payment of an additional fee in connection therewith, in an amount set by resolution of the Board of Trustees, if the Building Inspector, in his discretion, determines that the application shall be considered by the Planning Board.
The application shall be accompanied by a filing fee in an amount
set by resolution of the Board of Trustees.
[Amended 1-22-2013 by L.L. No. 1-2013]
The provisions of §§
190-6 and
190-7 of Article
II shall be applicable in the event that the volume of material to be excavated, fill deposited or topsoil removed shall exceed 40 cubic yards if the excavated material is to be removed from the premises or fill is to be brought onto the premises from outside the boundaries thereof or 1,000 cubic yards if the excavation or deposit of fill is the result of a grading operation limited to the premises [in each case without considering material removed pursuant to exception under Subsection B(1) of the definition of "excavation" in §
190-2] or, if topsoil is to be removed, the amount thereof is less than 4,000 square feet and in such other cases as, in the discretion of the Building Inspector and/or Planning Board, bond is required.
Except for a minor excavation or fill permit in connection with a building permit, as provided for in §
190-13 of this article, which shall be coextensive with the building permit, permits under this Article
III shall be for a period of no longer than three months or such shorter period as may be prescribed by the Building Inspector or the Planning Board, as the case may be, with a view to having substantially continuous operations covered by the permit. The permit may be renewed by the Building Inspector or, if granted by the Planning Board, without hearing for a single additional period of three months, upon presentation of reasons deemed sufficient by the Building Inspector or Planning Board as to why the work could not be completed during the original period.