[Adopted 2-12-1997 by L.L. No. 3-1997]
As used in this Article, the following terms shall have the meanings indicated:
- PERSON, OWNER, LESSEE, APPLICANT and/or HOLDER OF A PERMIT
- 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:
The location of the premises and the location and extent of the proposed excavation.
The exact conditions, profiles and cross sections of premises before excavation and those proposed after excavation.
Drainage systems to be installed to ensure proper surface drainage during and after completion of the work.
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.
The location of all existing buildings on said premises.
Elevations at intervals of fifty (50) feet.
All drawings showing all existing utilities adjacent to and on said premises and show proposed protection or treatment thereof.
The proposed surface texture or ground cover after excavation.
The elevations shown on the above-mentioned plan shall refer to the established datum on file in the Village Clerk's office.
Such plans must be prepared by an engineer or land surveyor duly licensed to practice in the State of New York.
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.
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.
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 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.
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.
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.