[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.]
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:
Any lot or parcel of land.
Any physical matter which is part of the earth.
The removal of natural deposits of rock, soil or such other materials
for use on other than the same site or for sale.
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.
(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.
