Putnam Valley City Zoning Code
ARTICLE XVI
Excavation
§ 165-75 Limits on excavation.
There shall be no excavation or removal from the premises in any district of sand, gravel, stone, topsoil, loam, dirt or other earth products except in connection with necessary excavation or removal of not more than 500 cubic yards of surplus material resulting from a bona fide construction, landscaping or agricultural operation being executed on the premises, except in conformity with the following regulations.
§ 165-76 Application.
An application for permission to excavate or remove the above materials in excess of 500 cubic yards shall be submitted, in writing, to the Planning Board by the property owner or authorized agent. The statement of application shall be accompanied by a plan of operation, including the following:
A.
The location of the property on which the excavation is to take place, the location of the area to be excavated, the estimated amount of material to be removed and the names of abutting owners.
B.
Grading plan showing existing topography in the area to be excavated and proposed future topography. Contour interval shall not exceed two feet unless larger scale is required by the Planning Board. Contour lines shall include the surrounding area within 100 feet of the excavation. The North arrow, scale and date shall be indicated. The Planning Board may require that the grading plan shall be prepared by a land surveyor licensed to practice in the State of New York.
C.
Existing and proposed drainage on the site.
D.
Proposed truck access to the excavation, the machinery to be used on the site, the type of processing to be used and the location and type of any buildings to be erected.
E.
Written permission for the inspection of the site at any reasonable time by a duly authorized representative of the Planning Board.
F.
Any other information which the Planning Board deems necessary.
§ 165-77 Approval of plan; conditions.
The Planning Board shall approve the plan of operation and grant a permit to excavate for a period of not more than one year, only when it is satisfied that the following conditions will be complied with:
A.
The premises will be excavated and graded in conformity with the plan, as approved, and any deviation from the plan without the consent of the Planning Board shall be cause for the Planning Board to revoke the permit. Topsoil removed shall be stockpiled on the premises.
B.
There will be no excavation or removal within 50 feet of any property line or street line except to an elevation equal with or above the established grade of the adjoining property or street.
C.
No screening, sifting, washing, crushing or other forms of processing of a permanent nature shall be conducted upon the premises.
D.
At all stages of operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties, and proper slopes shall be maintained to prevent dangerous overhang.
E.
During the period of excavating and removal, such barricades or fences shall be erected as are necessary for the protection of pedestrians and vehicles.
F.
Truck access to the excavation shall be arranged as to minimize danger to traffic and nuisance to surrounding properties. That portion of access road within the area of excavation shall be provided with a dustless surface when necessary.
G.
When excavation and removal operations or either of them are completed, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of one over three (vertical-horizontal). All debris shall be removed. Topsoil shall be spread uniformly over the excavated area to a minimum depth of two inches in accordance with the approved contour plan. The area shall be seeded with a perennial rye grass or other equally suitable vegetation and maintained until approved by the Planning Board.
§ 165-78 Performance bond.
Before the permit is granted, the applicant shall file a performance bond or other form of surety with the Town of Putnam Valley, in form approved by the Town Attorney, and in such amount as the Planning Board shall deem necessary to ensure compliance with the conditions set forth herein.