[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 3-23-1976. Amendments noted where applicable.]
The extraction and processing of natural resources shall be permitted in the Town of Mount Pleasant only as specified and provided by this chapter.
It is the established policy of the Town of Mount Pleasant, 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 natural resources that constitute the land, the shape or contour of the land, the plant life and wildlife that is fostered on the land and the water or the flow thereof upon the land, are of prime concern to the welfare of the people of the Town of Mount Pleasant, and no changes shall be permitted in such topography except as hereinafter provided.
For the purpose of this chapter, certain words and terms used herein are defined as follows:
- The removal or transfer of sand, gravel, soil, including topsoil, or other natural deposits by stripping, digging or other means.
- NATURAL RESOURCES
- Any physical matter which is part of the earth.
- Any lot or parcel of land.
- 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 natural resources from any property in the Town of Mount Pleasant except as provided for herein.
These provisions shall not be construed as prohibiting or limiting the normal use of land for farming, gardening or selective cutting of trees as it relates to agricultural or horticultural uses as permitted in any zoning district where such uses are permitted.
A topsoil excavation permit shall be issued only for the following uses or purposes:
The excavation of topsoil and other natural 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 Mount Pleasant or on file in the County Clerk's office in Westchester County, New York.
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 for that lot or parcel of land, provided that such improvement conforms to the following standards as shown on the filed plans:
Except in individual one-family lots, 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. In individual one-family lots, the final slope shall be finished at a grade substantially similar to the natural angle.
Any lakes or ponds that are created shall have a sufficient depth and inflow of water to prevent their becoming stagnant in dry periods.
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.
Topsoil or other natural resources which are 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.
Processing of excavated material is permitted by a rock crusher or similar equipment on the premises. This is permitted for commercial properties and/or residential subdivisions. Permits from Westchester County Recycle Division are required.
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 issuance of said permit.
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 is seeded with grass, permanent pasture mixture or other fast-growing vegetation, repeatedly, as necessary, until the growth is established.
The Building Inspector may issue an excavation permit only upon the application of the owner, who shall in all respects be responsible for any acts or omissions done in connection with any excavation for the purposes allowed, provided that:
Any excavation shall only be the size and dimensions shown on plans filed with the Building Department.
A cash deposit, a letter of credit or a bond is posted with the Building Department in a sum. as determined by the Building Inspector, sufficient to enable the Town of Mount Pleasant to restore the premises to its condition prior to the beginning of the excavation, as required by § 96-7 of this chapter.
Whenever an excavation is commenced but not completed within the time specified in the excavation permit or, if abandoned, as determined by the Building Inspector, then, upon demand pursuant to two days' notice, the person to whom the permit was issued shall forthwith either resume the excavation or restore the land and premises to its condition prior to the commencement of the excavation. If the person holding the excavation permit shall not undertake the completion of the excavation or shall not restore the land and premises, then the Town of Mount Pleasant may, insofar as practicable, restore the land and premises to its condition prior to the commencement of the excavation, using the deposit made by the permittee. If the deposit is insufficient to defray the cost of such restoration, the town then may add such additional amount to the next town tax levied upon the property, provided that notification is given to the property owner allowing him a hearing.
[Amended 3-13-2001 by L.L. No. 1-2001]
This chapter shall be enforced by the Building Inspector.
The provisions of this chapter shall be applicable to all excavations, excavated areas and stockpiled materials which are being worked and/or exist at the time this chapter becomes effective.
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 Building Inspector 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.
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 Building Inspector that he is violating the provisions of this chapter or shall be 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.
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.