[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.
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.
A.
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.
B.
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:
A.
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.
B.
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:
(1)
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.
(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 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.
(5)
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.
[Amended 7-11-2017]
(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
issuance of said permit.
C.
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:
A.
Any excavation shall only be the size and dimensions
shown on plans filed with the Building Department.
B.
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.
[Amended 5-28-1985]
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.
