[Adopted 2-12-1997 by L.L. No. 3-1997]
As used in this Article, the following terms
shall have the meanings indicated:
Applies to all individuals operating as sole proprietors,
partnerships, firms, associations or corporations.
No excavation, removal or storage of earth,
sand, gravel, rock, topsoil or other similar material (excluding wood),
other than excavation, removal or storage necessary in connection
with the construction of buildings, structures, retaining walls, fences,
private drives, parking lots, public improvements and public or private
utilities, shall be commenced in the Village of Wappingers Falls except
in conformity with the provisions of this Article.
Before the excavation, removal or storage of any of the materials mentioned in § 74-1, the owner or lessee of such premises or tract of land shall obtain a written permit therefor, to be issued by the Village Clerk of the Village of Wappingers Falls, subject to the approval of the Village Board in its discretion.
The applicant shall file with the Village Board
an application, in duplicate, together with a comprehensive plan drawn
to a scale of one (1) inch to one hundred (100) feet, setting forth
in detail:
A.
The location of the premises and the location and
extent of the proposed excavation.
B.
The exact conditions, profiles and cross sections
of premises before excavation and those proposed after excavation.
C.
Drainage systems to be installed to ensure proper
surface drainage during and after completion of the work.
D.
Grades of all creeks or drainage ditches at fifty-foot
intervals for a minimum distance of five hundred (500) feet beyond
the parcel of land covered by the permit.
E.
The location of all existing buildings on said premises.
F.
Elevations at intervals of fifty (50) feet.
G.
All drawings showing all existing utilities adjacent
to and on said premises and show proposed protection or treatment
thereof.
H.
The proposed surface texture or ground cover after
excavation.
(1)
The elevations shown on the above-mentioned plan shall
refer to the established datum on file in the Village Clerk's office.
(2)
Such plans must be prepared by an engineer or land
surveyor duly licensed to practice in the State of New York.
(3)
Corner posts shall be set designating the land area
involved. Such posts shall have a sign affixed thereto, twenty-four
(24) inches in length by twelve (12) inches in height, containing
the name of the person to whom the permit has been issued, the permit
number and a statement of the month of issue. The top of such corner
posts shall be at least four feet above ground level and placed in
position by the licensed engineer or surveyor, at the time of the
original survey. These posts shall be maintained in their exact positions
throughout the entire operation to aid in the inspection of the area
to which the permit relates by all interested persons. In the event
that such posts are not in place, said permit shall be subject to
revocation at the discretion of the Village Board until such time
as they have been replaced in exact position.
I.
For any activity regulated by this chapter that meets the definition of land development activities, as such are defined in § 131-3, the applicant is required to submit a stormwater pollution prevention plan (SWPPP) and otherwise comply with the provisions of Chapter 131, Stormwater Management, Article I, Erosion and Sediment Control.
[Added 11-14-2007 by L.L. No. 10-2007]
No such excavation or stockpiles arising therefrom
shall be made within 50 feet of the right-of-way of any public road,
street, highway or public area or within 50 feet of any property line
of adjoining land unless written consent of the adjoining property
owner shall be first obtained and a duplicate or original copy attached
to the application.
B.
The surface of all excavated or disturbed areas shall
have a positive slope to existing drainage facilities, and the surface
texture of all such areas shall be of such a nature as to prevent
erosion of the surface after all excavation has been performed and
completed. The proposed grading and slope and the necessary auxiliary
appurtenances shall provide adequate drainage to existing facilities
as shall be approved by the Village Building Inspector before removal
operations are commenced.
Before the issuance of the permit, the applicant
or the record owner of the premises or tract of land shall deliver
to the Village Clerk an executed bond by a surety corporation authorized
to do business in the State of New York in the sum of 100% of the
cost of the job, which shall be approved by the Village Board and
which bond shall guarantee faithful performance of the work in accordance
with this Article and all ordinances of the Village of Wappingers
Falls and the plans and specifications filed with the application
for the permit.
The Village Clerk of the Village of Wappingers
Falls shall charge and collect a fee as set by resolution of the Board
of Trustees[1] for the aforesaid permit, which permit shall expire one
year from the date of issuance. Upon written application and the further
payment of fees at the rate above specified, the Village Board may
extend said permit for one additional year.
[1]
Editor's Note: See Ch. A154, Fees.
A.
Nothing herein contained shall require a person to
obtain a permit for or prevent the moving of the hereinabove-mentioned
materials from one part of his premises or tract of land to another
part of the same premises or tract of land when such is necessary
for regrading or improvement of said land; provided however, that
any person engaged in the development of areas known as "subdivisions"
within the Village of Wappingers Falls and moving topsoil to correct
grades shall replace topsoil so moved to the same depth as existed
thereon prior thereto.
B.
Nothing herein contained shall prevent a cemetery
from excavating for a grave, headstone or monument and removing or
storing the surplus dirt or material resulting from such excavation.
Notwithstanding any other provision of this
article, any excavation made within the Village of Wappingers Falls
which shall affect Village drainage facilities, water mains, sewer
lines or streets shall be subject to the approval of the Building
Inspector, and no surface water or stormwater shall be discharged
directly into municipal facilities or drainage systems without the
aforesaid approval.
A violation of this article or of any provision
or part by any person, firm or corporation is hereby declared to be
an offense punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days, or both. Each day's continued
violation shall constitute a separate additional violation. Notwithstanding
the penalties herein provided, the Village of Wappingers Falls may
enforce obedience to this article or any part thereof by injunction
to restrain the violation thereof.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this article,
the Village Board of the Village of Wappingers Falls shall have the
power in passing upon the application required herein to vary or modify
any of the regulations or provisions contained herein so that the
spirit of this Article shall be observed, public safety and welfare
secured and substantial justice done.
