Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hyde Park 12-23-1974 by L.L. No. 3-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 7.
Planning Board — See Ch. 23.
Building construction — See Ch. 40.
Environmental quality review — See Ch. 54.
Flood damage prevention — See Ch. 60.
Freshwater wetlands — See Ch. 63.
Subdivision of land — See Ch. 96.
Zoning — See Ch. 108.
It is established policy of the Town of Hyde Park and this chapter is adopted for the purpose of promoting this policy that the natural topography of the land of the Town is a public asset which should be preserved and safeguarded. It is hereby declared that the various features of such topography, including the topsoil and other soil and mineral resources that constitute the land, the shape or contour of the land, the plant life and wildlife that is fostered on the land and water or the flow thereof upon the land are of prime concern to the welfare of the people of the Town of Hyde Park, and no changes shall be permitted in such topography except as hereinafter provided.
For the purposes of this chapter, certain words and terms used herein are defined as follows:
PROPERTY
Any lot or parcel of land.
SOIL AND MINERAL RESOURCES
Any physical matter which is part of the earth.
SOIL MINING
The removal of natural deposits of rock, soil or such other materials for use on other than the same site or for sale.
TOPSOIL
The outer layer of the earth in which vegetable matter may take root and grow.
There shall be no regrading, removal or excavation of topsoil or other soil and mineral resources from any property in the Town of Hyde Park, New York, except as provided herein. These provisions shall not be construed as prohibiting or limiting normal use of land for farming, gardening or selective cutting of trees as it relates to agricultural or horticultural uses in any zoning district where such uses are permitted.
Uses for which a topsoil and excavation permit are not required shall be as follows:
A. 
For the excavation of topsoil and other soil and mineral resources from within the limits of the right-of-way or slope rights of any Town, county or state highway or for the sole purpose of building roads and slopes incidental thereto which lie within the area of a subdivision approved by the Planning Board of the Town of Hyde Park or on file in the County Clerk's Office in Dutchess County, New York.
B. 
For the improvement of a single lot or parcel of land in connection with the construction of a dwelling, multiple dwelling, building or any other structure or structures for which a building permit has been issued, provided that such improvement shall conform to the following standards:
(1) 
Final slopes shall be finished at a grade no greater than the natural angle of repose, except where supported by a retaining wall or foundation.
(2) 
Any lakes or ponds that are created shall have a sufficient depth and inflow of water to prevent their becoming stagnant in dry periods.
(3) 
Topsoil may be removed in connection with any permitted excavation but shall be replaced with earth in which vegetable matter may take root and grow and shall be seeded with grass, permanent pasture mixture or other fast-growing vegetation repeatedly as necessary until the growth is established.
(4) 
Topsoil or other soil and mineral resources which have been excavated to permit the improvement of property may be removed from the property, provided that the amount to be removed is in excess of that to be reused on the site of the improvement, and provided that this amount is specified in the building permit for such improvement.
(5) 
There is no processing of excavated materials by a rock crusher or similar equipment on the premises.
(6) 
Any regrading, removal or excavation which is permitted under the provisions of this section, subject to the issuance of a building permit, shall be completed within one year of the date of the issuance of said permit.
C. 
For landscaping purposes in which topsoil is removed from one part of the property and deposited on another part of the same property, provided that it is replaced with a cover of earth in which vegetable matter may take root and grow and shall be seeded with grass, permanent pasture mixture or other fast-growing vegetation repeatedly as necessary until the growth is established.
Uses for which a topsoil and excavation permit are required shall be as follows:
A. 
General site improvement. For the improvement of property where the regrading, removal or excavation of topsoil or other soil and mineral resources or the clearing of live, healthy trees three inches d.b.h. or larger and in connection with soil mining activities is not made in connection with the construction of a dwelling, multiple dwelling, building or any other structure or structures for which a building permit has been issued. Such regrading, excavation or topsoil removal shall be permitted by the Zoning and Building Administrator in accordance with the following standards:
(1) 
All other provisions of this section are adhered to.
(2) 
Complete plans of the proposed excavation or regrading are presented to the Zoning and Building Administrator, which shall include the following:
(a) 
Existing topography of the property at five-foot contour intervals.
(b) 
The existing location of any streams or intermittent streams within or bounding the property.
(c) 
Soil types, as defined in the Dutchess County Soil Survey, found within the boundaries of the property.
(d) 
Details of erosion control on regraded or exposed soil surfaces.
(3) 
The proposed excavation or regrading will not interfere with the natural drainage outside of the immediate excavation area.
(4) 
Any previous excavation or regrading on the property has been accomplished and completed in accordance with all the provisions of this chapter.
B. 
Commercial purposes. The regrading, removal or excavation of topsoil or other natural resources for commercial purposes shall be deemed, for the purpose of this chapter, to be the regrading, removal or excavation of topsoil or other soil or mineral resources other than the uses permitted under §§ 92-4 and 92-5A. No commercial excavation shall be permitted until it has been found by the Town Board that such excavation or any operation accessory thereto will not be detrimental to the appropriate and orderly development of any district in which it is situated or impair the value thereof. Excavation shall be permitted only after issuance of a permit by the Town Board after public hearing. Notice of said hearing shall be published at least 10 days before the date of the hearing in a newspaper having a general circulation in the Town. Existing soil mining operations shall be permitted to continue operation after enactment of this chapter while their applications are being prepared and processed. However, applications must be submitted within 120 days of the effective date of this chapter. Permits for continuance of existing soil mining operations shall not be subject to public hearing but shall be issued upon review of said applications by the Town Board.
A. 
In all cases where a topsoil or excavation permit is required for commercial purposes, the applicant shall file with the Town Clerk a verified application in triplicate for such permit, together with complete plans for the proposed excavation, which shall show:
(1) 
The location of the property, the zoning classification of the property and all adjoining properties and all buildings within 250 feet of the boundary line of the property.
(2) 
Existing topography of the property at a contour interval of five feet.
(3) 
Location and present status of any previous commercial operations on the property.
(4) 
The areas to be excavated; intended location of storage piles; the estimated amounts to be excavated in cubic yards; existing and proposed slopes; details of existing and proposed drainage, including the proposed level of any impounded water; plans for erosion control; location of all proposed structures; and location of all proposed access drives to the excavation site.
(5) 
All existing streams or intermittent streams within or bounding the property.
(6) 
Sufficient data so that excavation on the site shall be controlled to a depth no greater than five feet above the water table. The data provided shall be reviewed for sufficiency by the Town Engineer.
B. 
The application for an excavation permit for commercial purposes shall be submitted in the name of the owner or any person duly authorized by such owner and shall be accompanied by copies of receipted tax bills, indicating that all taxes, assessments and charges affecting said property have been paid. The applicant shall designate the Town Clerk as a person upon whom process may be served.
C. 
A performance bond shall be posted with the Town Board, in an amount and form to be determined by the Board with the advice and recommendation of the Town Engineer and Town Attorney, to ensure conformance to the approved plans and all application regulations. The Town Board shall set a reasonable time limit for such bond but not to exceed two years. A bond may be renewed or extended with each permit renewal. Said bond shall remain in full force and effect until a certificate of completion has been issued by the Zoning and Building Administrator, certifying to the fact that all provisions of this chapter and conditions of the permit have been complied with. In the sole discretion of the Town Board, in lieu of such bond, the applicant may post a cash deposit or certified check with the Supervisor of the Town.
D. 
Permits issued under this section shall expire one year from the date of issuance, except that after public hearing to be held pursuant to this chapter and upon a finding that all terms and provisions of this chapter have been complied with, the Town Board may extend permits for two-year periods.
E. 
The plans for any proposed excavation shall be submitted to the Dutchess County Department of Planning, in accordance with the procedure set forth in the General Municipal Law of the State of New York, to the extent that the same may be applicable to the application.
F. 
Applicants for a permit shall bear the expense of public notice advertising. In addition, each application shall be accompanied by a permit fee set by resolution of the Town Board.
[Amended 1-1-2007 by L.L. No. 2-2007]
A. 
In all cases where a topsoil or excavation permit is required for continuance of existing soil mining operations for commercial purposes, the applicant shall file with the Town Clerk a verified application in triplicate for such permit, together with a plot plan, which shall show:
(1) 
The location of the property and all existing streams and/or intermittent streams within or bounding the property, the zoning classification of the property and all adjoining properties and its relation to neighboring properties and all buildings within 250 feet of the boundary line of the property.
(2) 
Location and present status of any previous commercial operations on the property.
(3) 
The areas to be excavated, the estimated amounts to be excavated in cubic yards, location of all proposed structures and location of all proposed access drives of the excavation site.
B. 
The application for an excavation permit for commercial purposes shall be submitted in the name of the owner or any person duly authorized by such owner and shall be accompanied by copies of receipted tax bills, indicating that all taxes, assessments and charges affecting said property have been paid. The applicant shall designate the Town Clerk as a person upon whom process may be served.
C. 
Permits issued under this section shall expire one year from the date of issuance, except that after public notice to be given pursuant to this chapter and upon a finding that all terms and provisions of this chapter have been complied with, the Town Board may extend permits for two-year periods.
D. 
The plans for any proposed excavation shall be submitted to the Dutchess County Department of Planning, in accordance with the procedure set forth in the General Municipal Law of the State of New York, to the extent that the same may be applicable to the application.
A. 
No excavation for commercial purposes shall be closer than 50 feet to any street line or 100 feet to any other property line without special approval by the Town Board. No excavation below the grade of a street shall be closer than 150 feet thereof.
B. 
The final slope of any excavated material shall not exceed the normal angle of repose of such material, as determined by the Town Engineer, except where a suitable retaining wall, as shown on approved plans, is built to provide lateral support.
C. 
No processing apparatus or equipment, not presently existing, used for the processing of excavated materials shall be operated within 400 feet of the boundaries of the site nor within 200 feet of any street line.
D. 
Truck access driveways to the excavation site shall be located so as to minimize danger to traffic and nuisance to surrounding properties. At the discretion of the Town Board, in order to prevent dust, such driveways shall be paved with oil and chip for a distance of 100 feet from the public highway into the site, and where the Town Board deems necessary, oil, water or chemicals shall be used as required to control dust.
E. 
Fences or barricades shall be erected, at the discretion of the Town Board, as judged necessary to protect pedestrians, vehicles and adjacent properties. These may include enclosed fencing of open pits and quarries, as well as uphill side of sidehill excavations. Where fencing is deemed necessary, it shall be not less than six feet nor more than 10 feet high, shall be either a solid stockade or chain-link type and shall be kept in repair at all times.
F. 
No excavation shall be permitted which would interfere with public utility systems or would, in the judgment of the Town Board, create or aggravate any condition detrimental to the public health and safety.
G. 
Any topsoil that is stripped from the surface of the site in order to excavate subsoils shall be stockpiled for later use in reestablishing vegetation on the site.
H. 
No excavation shall be permitted to a depth greater than five feet above the water table unless the Town Board has approved the alternate land use for lake purposes.
I. 
No excavation shall be permitted which would impair the natural drainage of the general area surrounding the excavation site. All existing watercourses shall be preserved, and their natural flow shall not be diminished, except that such watercourses may be relocated in accordance with approved plans, provided that satisfactory provisions are made for the maintenance of flow. Any lakes or ponds that are created shall have sufficient depth and inflow of water to prevent their becoming stagnant.
J. 
Every precaution shall be taken to prevent soil erosion, with the following standards being applied:
(1) 
As excavation is completed on each area indicated in the application, the land shall be brought to grades within the normal angle of repose of the material.
(2) 
Stockpiled topsoil shall be applied in the following order of priority:
(a) 
On excavated areas most subject to the effects of erosion.
(b) 
On excavated areas within 200 feet of the street or neighboring residences.
(3) 
Determination of areas most subject to the effects of erosion shall be reviewed with the Town Engineer. Excavated areas in Subsection J(2)(a) and (b) above shall be planted with whatever vegetation, in the judgment of the applicant, is best suited to the soil conditions. Plantings may consist of materials ranging from grasses to tree species used in reforestation. Plantings shall be repeated as necessary until the area is stabilized.
K. 
Where the applicant chooses to fill pits, holes or any other excavated areas, only clean fill containing no garbage or junk of any kind shall be used unless otherwise specifically approved by the Town Board.
L. 
Trucks hauling material consisting principally of clay, silt or fine sand passing a No. 200 sieve shall be covered to prevent dusting.
M. 
Excavation operations shall take place only from 6:00 a.m. to 6:00 p.m., Mondays through Saturdays. No excavation operations or truckloading shall be permitted on Sundays.
A. 
This chapter is to be enforced by the Zoning and Building Administrator.
B. 
The provisions of this chapter shall be applicable to all excavations, excavated areas and stockpiled materials which are being worked at the time this chapter becomes effective, except that existing soil mining operations shall be allowed a one-hundred-eighty-day period for compliance.
C. 
The owner, lessee, tenant or the person in possession or any person who violates or causes or participates in the violation of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and shall be liable to the penalties provided in § 268 of the Town Law. Whenever any person shall have been notified in writing by the Zoning and Building Administrator that he is violating the provisions of this chapter or is served with a summons or warrant accusing him thereof, each week that he shall continue such violation after such notification or service shall constitute a separate additional violation. Notwithstanding the penalties herein provided, the Town may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter.
D. 
The foregoing provisions providing for the enforcement of the regulations contained in this chapter are not exclusive but are in addition to any and all other laws applicable thereto.
E. 
Any person applying for an excavation permit or any person or persons authorizing or consenting to such application shall be deemed to have authorized the Zoning and Building Administrator to go upon the premises at any reasonable time for the purpose of inspecting the same in order to determine that the provisions of this chapter are being or have been complied with.
F. 
The provisions of this chapter shall become effective immediately upon the filing thereof with the Secretary of State of the State of New York.
[Added 8-25-1980 by L.L. No. 4-1980; amended 1-1-2007 by L.L. No. 2-2007]
Any person, firm or entity making application for a permit for the extraction of soil and mineral resources in the Town of Hyde Park shall pay at the time of application for a continuance of a permit to the Town Clerk of the Town of Hyde Park the fee set by resolution of the Town Board.
[Added 8-25-1980 by L.L. No. 4-1980]
Any person, firm or entity making application for a permit for the extraction of soil and mineral resources in the Town of Hyde Park shall be required, prior to the issuance of such permit, to post a bond or other similar security conditioned upon his or its faithful performance of the permit terms, in an amount to be determined by the Town Engineer.