[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:
A combination of dirt and natural rock, stone or gravel that
has not been processed or altered from its natural state.
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.
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.
