[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 9-24-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
It is the intent of this chapter to protect the general health, safety and welfare of the people of the Village of Woodbury and its natural resources by controlling fill material being placed on residential and commercial properties in the Village of Woodbury.
The Village Board has found that persons with properties within the Village have been permitting the dumping of fill material that has been determined to be unsuitable for the use of clean fill. The Village Board has determined the need to control and prohibit such activity as it deems necessary to protect such properties and to protect the natural resources located within the Village. The Village Board finds it necessary to enact such legislation which shall afford such protection.
As used in this chapter, the following terms shall have the meanings indicated:
- CLEAN FILL
- A combination of dirt and natural rock, stone or gravel that has not been processed or altered from its natural state.
- CONSTRUCTION AND DEMOLITION (C & D) MATERIAL
- Any material that has been used for other purposes in the use of building or construction which has been removed such as, but not limited to, brick, block, concrete, asphalt, pavers, wood, roofing material, steel, sheetrock, etc.
- PROCESSED FILL
- Any material that has been crushed, sifted, or processed by machinery.
It shall be prohibited to place or bury any construction and demolition material on any lot within the Village of Woodbury. Furthermore, it shall be prohibited to place or bury any processed fill unless in conjunction with the building or construction of a building, roadway, drainage, or driveway.
It shall be required that placement of only clean fill is permitted and that only clean fill that is taken from within the Village of Woodbury is permitted to be used. A Building Permit is required to place fill on any premises in accordance with established procedure.
Any person, owner, occupant that wishes to place clean fill within the Village limits whereas such fill is obtained or located outside Village limits must secure approval from the Village Board. The Village Board may require that an independent inspector be onsite during the duration of the placement of such clean fill material to inspect and test the material. All expenses to conduct such inspection and testing shall be paid by the applicant by means of posting a deposit in escrow that will be used to pay invoices associated with said inspections. An estimate will be prepared by the Village and must be posted prior to a building permit being issued. Should the escrow become in default, a "stop work" order will be issued until replenishment is made.
Enforcement of this chapter shall be conducted by the Village Code Enforcement Officer and/or the Assistant Code Enforcement Officer.
Any person, contractor, corporation committing an offense against any provision of this chapter shall upon conviction, be guilty of a violation pursuant to penal law of the State of New York punishable by a fine of $500 per day or by imprisonment of a term not exceeding 15 days, or both.
To the extent that the federal, state, or county law is more restrictive, the more restrictive laws shall govern control.