[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
It is found and declared that:
A.
The removal of protective topsoil, sod, trees and flora as well as
the removal of sod, topsoil, subsoil, earth, and gravel from areas
within the Village results in the washing of silt and mud into the
Village's catch basins and storm drains during and after heavy
rainfalls and reduces the absorption of water into the soil, thereby
creating flooding conditions after heavy rainfalls and creating unnecessary
erosion and damage to public and private property within the Village.
B.
The excavation of soil, subsoil, earth and gravel tends to result
in unreasonable odors, smoke, dust, noise, and vibration and to result
in dangers from pits, holes, gullies, water, cliffs, sharp declivities,
sliding earth and hazardous machinery in close proximity to residential
areas.
C.
The foregoing removal and excavation tend to destroy the natural
rural aspect of the community, to depress property values, to create
traffic hazards and to deteriorate the public roads and streets within
the Village.
D.
The foregoing removal and excavation result in such conditions which
are detrimental to the public safety, health, welfare, good order
and peace.
E.
Changing existing water levels, dredging and tilling lowland, lakes,
ponds, marshes or other watercourse results, or may result, in erosion,
storm damage, flooding, pollution, and other damage to the land so
altered or adjoining properties.
F.
Dredging and/or filling tends to result in unreasonable odors, smoke,
dust, noise and vibrations and to result in dangers from erosion,
storm damage, flooding and pollution, as well as traffic hazards and
deterioration of roads and streets within the Village.
G.
The provisions and prohibitions contained in this chapter are in
pursuance of and for the purpose of securing and promoting the public
health, comfort, safety and welfare of the Village and its inhabitants.
Within the Village there shall be no dredging, filling, excavating,
disturbing or removing of earth, loam, topsoil, sand, gravel, clay,
stone or sod for removal from, placement on or for use upon the premises
on which the same shall occur, except:
A.
For excavating and backfilling in connection with the bona fide construction
or alteration of a building on such premises for which a building
permit has been issued by the Building Inspector;
B.
In connection with the construction of improvements and changing
of contours for roads and drainage in accordance with the subdivision
plans and contour maps formally approved by the Village Planning Board
for such premises;
C.
For landscaping, normal grounds maintenance or agricultural gardening,
farming, or horticultural activities; or
A.
The Village Building Inspector, Code Enforcement Officer or police
officers are hereby vested with the authority to enforce the provisions
of this chapter.
B.
It is a rebuttable presumption, for the purpose of enforcing this
chapter, that the owner or occupant on whose land where a violation
of this chapter has occurred is the person responsible for performing
or permitting the act complained of.
Any person aggrieved by a decision of the Planning Board with
respect to this chapter shall have the right to appeal the decision
to the Village Board of Zoning Appeals within 30 days after the date
the decision is filed with the Village Clerk. Such appeal shall be
in accordance with the appeal procedure adopted by the Zoning Board
of Appeals.
