[HISTORY: Adopted by the Town Board of the Town of North
Castle as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-1999 by L.L. No. 2-1999 (Ch. 105, Art. I, of
the 1987 Code)]
A.
On all lands in the Town of North Castle in which fill is delivered,
the landowner shall obtain a permit from the Building Department and
conform to the following:
(1)
For each truck delivering fill to a site, there shall be a signed
manifest provided to the landowner by the person and/or company delivering
the fill, or the supplier of the fill, stating the date of delivery,
the origin of the fill, the type of fill and a representation that
there is full compliance with 6 NYCRR, Part 360.
(2)
The manifest shall be provided to the Building Department by the
landowner on a weekly basis or, whenever requested by the Building
Department, on a more frequent basis.
(3)
The landowner shall hire an independent inspector, who shall be either
a duly licensed engineer, a soil scientist or a representative of
a certified testing laboratory and approved by the Building Department,
who shall independently provide the Building Department with a certification
that the fill delivered is in compliance with 6 NYCRR, Part 360, and
this article. Said certification shall be provided to the Building
Department on a weekly basis or, whenever requested by the Building
Department, on a more frequent basis. This subsection shall not be
applicable for projects where fill quantities will not exceed 1,000
cubic yards or where the fill material consists solely of road base,
trench backfill, subbase bedding, trench material and bedding, run-of-bank
fill for septics, sand for concrete or other commonly used materials
for construction, provided that certification of the materials' compliance
to 6 NYCRR, Part 360, is provided to the landowner by the supplier
and prior notification of scheduled delivery of the material is provided
to the Building Inspector to provide ample opportunity for inspection
of same.
B.
The following information is required to be provided to the Building
Department in order to obtain a permit:
(1)
Application (on forms provided by the Building Department) executed
by the landowner together with the application fee and showing the
section, block and lot numbers of the land upon which the activity
will be conducted.
(2)
The names and addresses and the section, block and lot numbers of
all contiguous property owners.
(3)
A plan prepared by a registered architect, landscape architect or
professional engineer, which plan shall contain or be accompanied
by the following information:
(a)
A map showing the applicant's entire property.
(b)
A locator map at a convenient scale.
(c)
The proposed location of all buildings and structures.
(d)
Existing topography and proposed grade elevations.
(e)
Location of drives.
(f)
Location of all existing and proposed site improvements, including
drains, culverts, retaining walls and fences.
(g)
Description of method of water supply and sewage disposal and
location of such facilities.
(h)
The name and address of the applicant, property owner(s) if
other than the applicant and of the planner, engineer, architect,
surveyor and/or other professionals.
(i)
The amount of fill to be delivered.
(j)
The location of trees over six inches in diameter measured three
feet from the ground.
(k)
All plans shall be drawn to a scale of not less than one inch
equals 50 feet or as required for other applicable permits or approvals
required for the project and, in addition, shall show the area of
disturbance, relationship to adjacent properties, and water bodies
within 100 feet of the area to be disturbed.
(4)
A stormwater pollution prevention plan (SWPPP) pursuant to Chapter 267, Stormwater Management, of the Town Code.
[Amended 12-19-2007 by L.L. No. 22-2007]
(5)
Proof of liability insurance on its own behalf, and furnish the Town
of North Castle certificates of insurance, in accordance with the
Town's minimum insurance requirements, together with an indemnification
and hold harmless agreement. Should it be determined that the extent
of the operations in any particular case require insurance coverage
in greater amounts than the Town's minimum insurance requirements,
the applicant shall provide certificates of insurance in the requested
amounts.
[Amended 11-18-2015 by L.L. No. 9-2015]
C.
If, in the discretion of the Building Department, testing or further
monitoring is required, the owner of said land shall be required to
pay such sums to the Town of North Castle as are reasonable for such
purposes.
D.
For all projects where deemed necessary by the Building Inspector,
the owner of said land shall be required to post a surety bond, letter
of credit or cash with the Town Clerk, in a form acceptable to the
Town Attorney, in an amount to be fixed by the Building Department
prior to issuance of said permit, reasonably sufficient to remediate
the site under situations where contaminated or nonexempt material
is delivered to the site, to remove and dispose of all such material
and to repair roadways damaged by truck traffic delivering fill to
the site. Said surety bond, letter of credit or cash shall be released
to the landowner by the Town Board upon receiving a written recommendation
from the Building Inspector to do so.
E.
A fee shall be charged in connection with the review of all fill
permit applications and other actions of the Town described in or
contemplated by this article in such amounts as set forth in the Master
Fee Schedule.[1]
[Amended 2-18-2004 by L.L. No. 2-2004; 8-14-2013 by L.L. No.
7-2013]
F.
In approving an application, the Building Department may impose such
conditions or limitations as it determines necessary to ensure the
public interest, health, safety and economic and general welfare of
the residents of the Town of North Castle.
No delivery of fill shall be made except in accordance with
a schedule to be approved by the Building Department. In no event
shall fill be delivered prior to 7:30 a.m. or after 5:00 p.m., nor
at any time on Sundays or federal holidays.
As used in this article, the following terms shall have the
meanings indicated:
Includes road base, trench backfill, subbase bedding, trench
material and bedding, run-of-bank fill for septics, sand for concrete
and all other commonly used materials for construction delivered to
a site for purposes of filling in land or regrading or use in construction.
A.
Authority to remove and restore. In the event that the owner, occupant
or person in control of such site shall fail to comply with this article,
the Town shall have the authority, as provided for herein, to enter
onto such land and remove such noncomplying fill and restore the land
to an appropriate and safe state and charge the cost and expense of
such action against the owner and establish a lien against the land
in the manner herein provided.
B.
Town Board action. Notwithstanding anything stated in this article,
any owner of land in the Town shall be required to remove the noncomplying
fill which exists upon his land and restore the land to an appropriate
and safe state when directed to do so by resolution of the Town Board,
pursuant to the authority provided under Town Law § 64,
Subdivision 5-a.
C.
Notice to be served. Whenever the Town Board shall adopt a resolution
requiring the owners of land to remove the noncomplying fill which
exists thereon and restore the land to an appropriate and safe state,
the Town Board shall specify the time within which such work shall
be completed. Such notice, which shall be sent to the owner by certified
mail, return receipt requested, shall set forth, with reasonable certainty,
the location at which the condition exists, the material to be removed
and the requirement that appropriate restoration measures must be
taken. Giving due consideration to the material and the location thereof,
the Town shall give the owners no more than 30 days from the date
of the mailing of the notice during which actual removal work on such
land shall be commenced and no more than 90 days from the date of
the mailing of the notice during which removal work and restoration
of the land shall be completed. Notice of the adoption of a resolution
requiring the work shall be served upon the owners of the land by
certified mail, addressed to either the owners at the address of the
land or the last known address of said owners. In removing the noncomplying
fill and restoring the land to an appropriate and safe state, the
owners shall be required to comply with all laws, rules, regulations,
orders and ordinances.
D.
Failure to comply. Whenever any notice referred to in this article
has been mailed, as required, and the owner shall neglect or fail
to comply with any of the time periods provided herein, the Town Board
shall declare the owners' surety bond to be in default and authorize
the Town's Attorney to call the proceeds of said bond.
E.
Manner of assessment of cost. In any case where it shall be necessary
for the Town Board to have the work performed due to the owner's failure
to comply with the Town Board's resolution, the Town shall be reimbursed
for the cost of the work performed or the services rendered (including,
without limitation, the cost of professionals employed by the Town)
at its direction, from the proceeds of the surety bond or, if said
bond is insufficient for said purpose or the Town fails to collect
said proceeds for any reason, then by assessment or levy upon the
lots or parcels of land where such work was performed or such services
rendered. All costs actually incurred by the Town upon each lot or
parcel and the charge therefor shall be assessed and collected in
the same manner and in the same time as other ad valorem Town charges.
All applications and representations shall be verified under
oath.
A.
Any person who violates this article, upon conviction thereof, shall
be punishable by a fine of up to $1,000 per day per violation or by
imprisonment for a term not to exceed 15 days or by both such fine
and imprisonment. Each day's continued violation shall constitute
a separate additional violation.
[Amended 4-29-2020 by L.L. No. 3-2020]
B.
Convictions for a violation of this article shall constitute and
affect an immediate revocation of the permit granted hereunder.
C.
The Building Inspector may suspend the performance of any delivery
of fill and also may revoke any permit issued hereunder or under any
other provision of law purporting to authorize such delivery of fill
for a like period at any time, in the event of an actual or threatened
violation of this article. The Building Inspector shall have the further
authority to suspend and revoke all other permits at the site when
the instant permit is violated or there is a threatened violation.
(1)
The Building Inspector shall accomplish such suspension and revocation
by delivering, personally or by certified mail, a written notice thereof,
stating the particular grounds therefor, to the applicant. Thereafter,
during the period of such suspension and revocation, no delivery of
fill shall be permitted or performed.
(2)
Any person aggrieved by such suspension and/or revocation may appeal
therefrom to the Town Board, which may affirm, modify or reverse the
Building Inspector's action or make such other disposition of the
appeal which may be consistent with the purposes of this article.
D.
In addition to the above-provided penalties and punishment and such
other remedies as may now or hereafter be provided by law, the Town
Board may maintain an action or proceeding in the name of the Town
in any court of competent jurisdiction to compel compliance with or
to restrain by an injunction the violation of such article and to
recover, by appropriate civil remedies, any cost, expense or damage
sustained by the Town in consequence of such violation, including
an action to enforce the surety bond provided for in this article.
[Amended 4-29-2020 by L.L. No. 3-2020]
This article shall not apply to the landowner who has delivered
to one specific residential property 50 cubic yards or less of fill,
or 250 cubic yards or less of road base, trench backfill, subbase
bedding, trench material and bedding, run-of-bank fill for septics,
sand for concrete or other commonly used materials for construction,
provided that certification of the materials' compliance with 6 NYCRR,
Part 360, is provided to the owner by the supplier, and prior notification
of scheduled delivery of the material is provided to the Building
Inspector to provide ample opportunity for inspection of same.
All permits shall be issued on a six-month basis only, and renewals
shall be made as if the application was brought anew.
