[HISTORY: Adopted by the Board of Trustees of the Village
of Florida 7-10-2013 by L.L. No. 5-2013. Amendments noted where applicable.]
There shall be no regrading, removal or excavation of topsoil
or other natural materials from any property in the Village of Florida
except as provided for herein. These provisions shall not be construed
as prohibiting or limiting normal use of land for farming, gardening
or similar agricultural or horticultural uses in any zoning district
where such uses are permitted.
A permit is not required for the following uses.
A.
Road building. For the excavation of topsoil and other natural materials
from within the limits of the right-of-way or slope rights of any
town, county or state highway, or for the sole purpose of building
roads and slopes incidental thereto which lie within the area of a
subdivision approved by the Planning Board of the Village of Florida.
B.
Minor improvement of property. For the improvement of property, provided
that such improvement shall not cover an area more than two times
that of the foundation of the new building or structure for which
a building permit has been issued by the Building Inspector and which
improvement shall conform to the following standards:
(1)
Final slopes shall be finished at a grade no greater than the natural
angle of repose except where supported by a retaining wall or foundation.
(2)
Any lakes or ponds that are created shall have sufficient depth and
inflow of water to prevent their becoming stagnant in dry periods.
(3)
Topsoil may be removed in connection with any permitted excavation,
but shall be replaced to a depth of at least four inches over all
exposed ground surfaces except rock, and said restored surface shall
be planted or seeded and mulched repeatedly as necessary until the
area is stabilized.
(4)
Topsoil or other natural materials which have been excavated to permit
the improvement of property may be removed from the property, provided
that the amount to be removed is not in excess of that to be reused
on the site of the improvement, and provided that this amount is specified
in the building permit for such improvement.
(5)
There is no processing of excavated materials by a rock crusher or
similar equipment on the premises.
(6)
Any regrading, removal or excavation which is permitted under the
provisions of this subsection, subject to the issuance of a building
permit, shall be completed within one year of the date of the issuance
of said permit.
C.
Landscaping. For landscaping purposes in which topsoil is removed
from one part of the property and deposited on another part of the
same property, provided that a cover of at least four inches of topsoil
shall remain after such removal and said restored surface shall be
planted or seeded and mulched repeatedly as necessary until the area
is stabilized.
A permit is required for the following uses:
A.
Major improvement of property. For the improvement of property where
the tree removal, topsoil removal, regrading or excavation of topsoil
or other natural materials exceeds an area more than two times that
of the foundation of the building, structure or other improvement
for which a building permit has been issued, or for the improvement
of property set forth above in excess of 1/4 acre for which a building
permit has not been issued. Such regrading, excavation, tree or topsoil
removal may be permitted by the Building Inspector in accordance with
the requirements set by the Planning Board and based on the following
standards:
(1)
All other provisions of this chapter are adhered to.
(2)
Complete plans of the proposed excavation or regrading are presented
to and approved by the Planning Board.
(3)
The proposed excavation will not interfere with the natural drainage
of the area.
(4)
Any previous excavation or regrading on the property has been accomplished
and completed in accordance with all the provisions of this chapter.
(5)
A performance bond may be required to ensure conformance to all applicable
standards and requirements.
B.
Commercial purposes. The regrading, removal or excavation of topsoil or other natural material for commercial purposes shall be deemed, for the purpose of this chapter, to be the regrading, removal or excavation of topsoil or other natural materials for other than the uses permitted under Subsections A, B and C of § 105-2. No commercial excavation shall be permitted until it has been found by the Planning Board that such excavation or any other operation accessory thereto, including mining, exploratory drilling and production drilling, will not be detrimental to the environment or to the appropriate and orderly development of any district in which it is situated after issuance of a permit by the Planning Board, according to the provisions of §§ 105-4, 105-5 and 105-6. Prior to issuance of a permit, the Planning Board may require the review of the application by a geologist as well as the submission of appropriate environmental forms (ret SEQR), the cost of which will be borne by the applicant.
C.
Removal of shade trees. For the improvement of property involving
the removal by property owners of shade trees within the right-of-way
of any public road.
A.
Application and plans to be submitted.
(1)
In all cases where a tree removal, topsoil removal, surface grading
or excavation is required, the applicant shall file with the Planning
Board a verified application in triplicate for such permit, together
with an application fee of $50 for all permits except mining, exploratory
drilling, production drilling and excavation, which permits shall
be $100. The cost of extraordinary professional services required
of the Village Engineer beyond the normal review process shall be
borne by the applicant. A complete set of plans for the proposed operation
which shall show the following will be required:
(a)
The location of the premises and its relation to neighboring
properties, showing all buildings and roads within 1,000 feet of the
excavation site; the owner of the property, his address and phone
number and the relationship of the applicant to the owner if they
are not the same; the name of the company undertaking the excavation,
mining, exploratory drilling or production drilling if the company
undertaking the activities is not the same as the owner.
(b)
Complete plans of the proposed excavation or regrading indicating
location and scale dimensions of work area, proposed buildings, paved
area, underground utilities, private sewage disposal facilities, and
a plan for rehabilitation showing both existing and proposed final
contours at a maximum contour interval of five feet.
(c)
Location and present status of any previous commercial operations
on the property.
(d)
Detailed plans of the area to be excavated, indicating amounts
to be excavated, location of storage piles, existing and proposed
slopes, details of existing and proposed drainage, including the proposed
level of any impounded water, plans for erosion control, location
of all proposed structures and all excavating or processing equipment
and location of all proposed access drives to the excavation site.
The plan should also show the number of acres in the total property
as well as the total acreage to be excavated, location and number
of drill holes, depth and diameter of drill holes, angle of drill
holes, surface features of the property, technics and types of equipment
to be used in the excavation, mining, exploratory drilling or production
drilling and a statement indicating whether any blasting or use of
explosives is intended, and if so, of what type; the common name of
the material being sought should also be included; there should be
included an estimated time for completion of the work being contemplated
and a map showing existing geographical information, contours, water
bodies and streams and cultural features, on a scale of one inch to
each 100 feet, signed by a licensed professional engineer.
(e)
Computations by registered engineer or surveyor, showing how above amounts were determined in Subsection A(1)(d) above.
(f)
Specific location of all live trees in proposed grading area
and along twenty-five-foot-wide work area border with a diameter of
eight inches or larger prior to regrading, with a note for each tree
indicating removal or not, the same to be reviewed by the Village
Planning Board before approval is granted.
(2)
No grading, excavation, tree removal, mining, exploratory drilling,
production drilling or construction work shall take place on the property
until approval of the plan, with all conditions met.
(3)
In all cases where a tree removal permit is required, the Planning
Board shall notify, in writing, the Building Inspector of each application
for such a permit.
B.
Accompanying certification. The application for an excavation permit
for commercial purposes shall be submitted in the name of the owner
or by any person duly authorized by such owner and shall be accompanied
by receipted copies of real property tax statements for most recently
paid state, county and town and school district taxes. There should
be an explanation in the application of the real parties of interest
involved in the application. The Planning Board will request information
of the applicant concerning any party involved in the application,
including owner, company involved in drilling, any and all agents
involved for principals, any subcontractors who are sublessees who
may be involved in the excavation, and documents submitted verifying
all of the above relationships; full disclosure of all parties in
interest is required and any failure to do so will effect the approval
of the application; in the event the applicant is a large company,
a liaison from the applicant company shall be appointed to act as
official spokesman in relations with the Village.
C.
Performance bond. A performance bond, if required, shall be posted
with the Planning Board, in an amount and form to be determined by
the Planning Board, to ensure conformance to the approved plans and
all applicable regulations. The Planning Board shall set a reasonable
time limit for such bond, not to exceed one year, except in the case
of continuing excavation operations, when a bond may be renewed or
extended with each permit renewal. Said bond shall remain in full
force and effect until a certificate of completion has been issued
by the Village Engineer, certifying to the fact that all provisions
of this chapter and conditions of the permit have been complied with.
In lieu of such bond, a cash deposit or certified check payable to
the Village may be posted with the Village Clerk.
D.
Expiration and extension. Permits issued under this chapter shall
expire one year from the date of issuance, except that the Planning
Board may extend permits for one-year periods after complete review
of all plans and examination of work accomplished and proposed. A
public hearing may be held before the extension of a permit.
E.
Existing operations. In issuing a permit for commercial excavations,
the Planning Board may require that any commercial excavation in operation
at the time of adoption of this chapter comply with the requirements
of this chapter.
F.
Submission to Orange County Department of Health. The plans for any
proposed excavation shall be submitted by the applicant to the Orange
County Department of Health for approval in order that it can be determined
that there would be no change in the groundwater level or creation
of stagnant ponds which could endanger the public health or safety.
If required, the applicant will submit certified water tests in areas
of the Village where radioactivity may be a result of excavation.
Testing of any drill hole is to be done by an independent laboratory,
certified by the State of New York, after completion of the hole.
Before any further work is done at the site, the test must be completed
and the results reviewed by the Village, the Orange County Department
of Health and/or the State Department of Environmental Conservation.
If tests indicate levels of radioactivity above standards set by Federal
Water Quality Act, all activity must cease. The Village representative
shall observe the testing upon 48 hours' notice and the cost
of an additional $50 per test shall be paid by the applicant to the
Village. The cost of the test itself shall be borne by the applicant.
G.
Village of Florida watershed. There shall be no regrading, removal
or excavation of topsoil or other natural materials, including mining,
exploratory drilling or production drilling, in the Village of Florida
watershed area as indicated on the map of said area located in the
Village of Florida Village Hall.
A.
Buffering. No excavation for commercial purposes as defined herein
shall be closer than 50 feet to any street line or any other property
line.
B.
Lateral support. The proposed operation shall not adversely affect
the lateral support of abutting land or other properties. The slope
of material in any excavation, excepting rock quarries, shall not
exceed the normal angle of repose or 45°, whichever is less. The
final slope of any excavated material shall not exceed the normal
angle of repose of such material, except where a suitable retaining
wall, as shown on approved plans, is built to provide lateral support.
C.
Processing of excavated materials. No rock crusher or similar apparatus
or equipment used for the processing of excavated materials shall
be operated within 1,000 feet of the boundaries of a site located
in any residence district nor within 200 feet of any street or property
line of a site located in any nonresidential district.
D.
Truck access drives. Truck access drives to the excavation site shall
be located so as to minimize danger to traffic and nuisance to surrounding
properties. In order to prevent dust, such drives within 500 feet
of any lot line or an excavation operation shall be kept wet, oiled,
treated with chemical dust deterrents or paved.
E.
Fences or barricades. Fences or barricades shall be erected to protect
pedestrians and vehicles. Where any open excavation will have a depth
of 10 feet or more and a slope of more than 30°, there shall be
a substantial fence, as approved by the Planning Board, with suitable
gates where necessary, effectively blocking access to the area in
which such excavation is located. Such fence shall be located 50 feet
or more from the edge of the excavation. All operations shall be screened
from nearby residential uses, as may be required by the Planning Board,
and all other areas deemed necessary by the Planning Board to protect
the general public from a possible safety hazard.
F.
Interference or endangerment. No excavation shall be permitted which
would interfere with public utility systems or which would create
or aggravate any condition detrimental to the public health and safety.
Such condition shall include the transportation of large machinery
and material through the Village of Florida and all such truck routes
shall be included on any application, including the proposed tonnage
of vehicles and the number of trips.
G.
Natural drainage. No excavation shall be permitted which would interfere
with the natural drainage of the general area surrounding the excavation
site. All existing watercourses shall be preserved, except that such
watercourses may be relocated in accordance with the approved plans,
provided that satisfactory provisions are made for the maintenance
of flow. Any lakes or ponds that are created shall have sufficient
depth and inflow of water to prevent their becoming stagnant in dry
periods. There shall be no discharge of oil or gas to streams or bodies
of water; proper environmental safeguards must be taken with regard
to erosion control measures and runoff control at sites and access
roads; water from drilling processes must not discharge into any surface
stream or body of water and should be contained in a holding pool
for seepage back into the ground.
H.
Refilling. All pits, quarries, holes or other excavated areas shall
be refilled with clear, nonburnable fill containing no garbage, refuse
or harmful matter to the natural grade of the property. The Planning
Board may specifically waive the provisions of this subsection, provided
that it shall find that refilling is not necessary to satisfy all
the provisions of the chapter. All sites must also comply with any
requirements of the Mine Reclamation Act of the State of New York.[1]
[1]
Editor's Note: See Article 23, Title 27 of the Environmental
Conservation Law.
I.
Storage piles of materials. Storage piles of materials, including
waste/materials, shall be located only at approved places, and in
no case any closer to property line than is permitted for excavation.
After completion of excavation operations, waste/materials shall be
leveled. The site should be cleaned of any debris or garbage remaining
and be replanted to a condition as good as prior to start of operation
and as may be required by the Planning Board.
J.
Soil erosion. Every precaution shall be taken to prevent soil erosion
by water or wind during operations. After any such operation, the
site shall be made reusable for a use permitted in the district. Where
topsoil is removed, sufficient arable soil shall be set aside for
retention on the premises and shall be respread over the premises
after the operation. The area shall be brought to final grade by a
layer of earth of two feet or original thickness, whichever is less,
capable of supporting vegetation. Upon completion of replacement of
topsoil, it shall be harrowed or raked to establish a seedbed and
shall be seeded with grass, permanent pasture mixture or other approved
fast-growing vegetation and repeated as necessary until the area is
stabilized.
K.
Hours of operation. No excavation operations or processing of excavated
materials shall take place between the hours of 7:00 p.m. and 7:00
a.m. nor at any time on Sundays or legal holidays.
L.
Accessory uses. Excavated materials from one property shall not be
processed on another property.
M.
Soil fertility. The proposed operation shall not adversely affect
soil fertility.
N.
Power. All machinery and equipment shall be electrically operated,
except for bulldozers, shovels and other equipment used for excavation,
collection of material, loading or hauling.
O.
Noise levels. No excavation shall take place except within noise
levels to be determined by current standards for workers on the site
and the fence-line noise level to be set by the Planning Board for
protection of neighboring properties. The Planning Board will determine
a fence-line level after estimated noise levels are submitted by the
applicant for review. Such information should be included in the original
application.
A.
Coverage. The provisions of this chapter shall be made applicable
to all excavations or excavated areas which are being worked at the
time this chapter shall become effective. No excavation shall be continued
or extended in area after the effective date of this chapter without
a permit therefor first being secured.
B.
Other jurisdictions. 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.
C.
Inspection. 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 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.
A permit from the Planning Board shall be required for all commercial
timber harvesting and for all noncommercial operations, as defined
herein, on forestland in the Village of Florida, New York.
The Planning Board must receive the following information from
the landowner before recommending a permit for forestland improvement:
A.
Summary. A summary of cutting operations, to include:
(1)
Total land area involved in cutting operations.
(2)
The number of trees of each species to be cut.
(3)
The range, in inches, of diameter of trees to be cut.
(4)
The total board-foot volume for each species to be cut.
(5)
The total volume to be removed from the cutting area.
(6)
The average number of trees per acre to be removed.
(7)
The average number of board feet per acre to be cut.
C.
Landowner's statement. A statement from the landowner that each
tree to be removed has been designated by a professional forester,
with paint or other distinctive means, at two points so as to be readily
visible by the buyer. One point shall be low enough on the tree so
as to be visible on the stump after the tree is removed. Trees being
removed for other than sawtimber need not be marked on the stump.
A.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$250 per day for each day the violation continues after notice of
such violation by the Code Enforcement Officer. Such notification
by the Code Enforcement Officer shall notify the property owner of
the violation, the fine for continued violation and the necessity
to submit a mitigation/remediation plan addressing the violation within
10 days.
B.
Failure to implement the mitigation/remediation plan within that
ten-day period will result in continuation of the two-hundred-fifty-dollar-per-day
fine and issuance of a court appearance ticket by the Building Official.
C.
For purposes of this chapter, each day a violation shall continue
shall constitute a separate and distinct offense.
A.
Conservation practices. The proposed operation shall not adversely
affect drainage, possible growth of vegetation and the general appearance
of the landscape, nor shall it contribute to soil erosion by water
or wind.
B.
Adjacent property. Trees falling on adjacent properties as a result
of an improvement operation shall immediately be returned to the permittee's
property.
C.
Management practices. Loading areas shall be smoothed to remove all
ruts and debris. Waste materials shall be buried or removed to a point
out of sight of any public road.
D.
Hours of operation. No harvesting, cutting or sawmill operations
or removal of products shall take place between the hours of 7:00
p.m. and 7:00 a.m. nor at any time on Sundays or legal holidays.
E.
Expiration and extensions. The term of this permit shall be for one
year. However, since forest stand improvement operations may be adversely
affected or delayed by unusual circumstances of weather or other occurrences,
an extension of one year may be available on the recommendation of
the Village Engineer when requested by the landowner.
F.
Standards. The Village Engineer shall recommend that the following
standards be invoked where necessary:
(1)
Top lopping or removal of debris within 100 feet of any Village road,
or leaving an uncut screen along such roads.
(2)
Construction of water bars and the seeding of logging skid roads
to prevent or reduce erosion.
(3)
To ensure compliance by the permittee with the standards of this
chapter, a performance bond (in a suitable amount) may be required.
G.
Additional requisites. The Planning Board, with the advice of the
Regional Forester on approved forestry practices, may make additional
rules regarding the periods of operation, size of trees cut, incidental
earthmoving, access roads, reforestation and prevention of forest
fires.