West Haverstraw City Zoning Code
ARTICLE X
Grading and Excavating
§ 250-36 Purpose.
The purpose of this article is to provide minimum standards to safeguard persons, to protect property and to promote the public welfare by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
§ 250-37 Definitions.
Whenever used in this article, the following words shall have the meanings indicated:
A permit issued by the Building Inspector/Village Engineer pursuant to the provisions of the New York State Uniform Fire Prevention and Building Code for the construction, erection or alteration of a structure or building.
Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, and shall include the conditions resulting therefrom.
The elevation of the existing ground surface at the location of any proposed excavation or fill.
Excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation or fill.
Any permit required under § 250-41 hereof.
A lot, tract or parcel of land, or a series of lots, tracts or parcels of land joined together, where grading work is continuous and performed at the same time.
§ 250-38 Scope; applicability of provisions.
New grading, excavations and fills or changes, additions, repairs or alterations made to existing excavations and fills shall conform to the provisions of this article, except that this article shall not apply to work in a public street or alley or in a Village park, playground or recreation area or on other public property.
§ 250-39 Compliance required.
A.
Violations prohibited. No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill or cause the same to be done contrary to or in violation of any provisions of this article.
B.
Notice of violation. When written notice of a violation of any of the provisions of this article has been served by the Building Inspector/Village Engineer on any person, such violation shall be discontinued immediately.
§ 250-40 Action to abate violation.
In case any work is performed by any person in violation of any of the provisions of this article, the proper officer of the Village, in addition to other remedies, may institute in the name of the Village any appropriate action or proceeding, whether by legal process or otherwise, to prevent such unlawful work and to restrain or abate such violation.
§ 250-41 Grading permits required; scope of permit.
No person shall commence or perform any grading, excavation or fill without first having obtained a grading permit from the Building Inspector/Village Engineer. A separate grading permit shall be required for each site. One permit may cover both an excavation and any fill made on the same site.
§ 250-42 Application for grading permits; contents.
A.
Every applicant for a grading permit shall file a written application therefor with the Building Inspector/Village Engineer. Such application shall include or provide for the following:
(1)
Land description. Describe the land on which the proposed work is to be done by lot, block, tract or street address or similar description which will readily identify and definitely locate the proposed work.
(2)
Accompanying documents. Be accompanied by a topographic map, certified by a registered engineer or surveyor licensed by the State of New York, showing the present contours of the land and the proposed contours of the land after completion of the proposed grading; a plot plan showing the location of the grading, boundaries, lot lines, neighboring streets and alleys, buildings and trees over 10 inches in diameter two feet above the ground and sufficient dimensions and other data to show the location of all work; a description of the type and classification of the soil; details and location of any proposed drainage structures and pipes, walls and cribbing; the nature of fill material; and such other information as the Building Inspector/Village Engineer may require to carry out the purposes of this article. All plans shall be dated and bear the name of the person who prepared the same, the applicant and the owner of the land.
(a)
Plans shall be submitted in triplicate and shall show the elevations of the property at intervals of two feet of height as such elevations exist at the time of the application and as proposed to be altered.
(b)
Such map shall be drawn to a scale of not greater than one inch to 100 feet nor less than inch to 20 feet and shall show the elevations of all property within 50 feet of the perimeter of the property which is the subject of the application and of all streets adjoining the property or, if there are no adjoining street or streets, the means by which access is to be gained to the property and the location, elevation and name of the nearest street or streets.
(3)
Dates. State the estimated dates for the starting and completion of the grading work.
(4)
Purpose. State the purpose for which the grading application is filed.
(5)
Rehabilitation. Have a detailed plan and specifications showing rehabilitation.
B.
The Building Inspector/Village Engineer may waive the requirements for any or all plans and specifications listed above if he finds that the information on the application is sufficient to show that the work will conform to the provisions of this article.
§ 250-43 Fees for grading permits.
B.
Additional fees. The applicant shall pay an additional fee as set forth in Chapter A255, Fees,[2] before any permit or renewal thereof may be issued. Such sum shall be paid for each 10 acres of property, or any portion thereof, proposed to be excavated or regraded during each calendar year or any portion thereof during which a permit shall be in effect. However, in the event of a denial of the application for a permit, the sum as set forth in Chapter A255, Fees, or such portion thereof as the Building Inspector/Village Engineer shall certify has not been expended in connection with the investigation and processing of the application, may be refunded upon a claim therefor in the usual form required by the Village Board of Trustees after audit thereof by it. No allowance in fees may be made because the rights of the permittee may not be or may not have been exercised throughout the entire permit period. Renewals of permits may be issued by the Building Inspector/Village Engineer for additional one-year periods upon payment of a fee as set forth in Chapter A255, Fees, for each 10 acres or portion thereof proposed to be excavated during the renewal period, provided that all conditions upon which the original permit or renewal thereof was issued have been complied with by the permittee or his successor in interest at the time of application for such renewal.
§ 250-44 Expiration of grading permit.
Every grading permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within six months or is not completed one year from the date of issue.
§ 250-45 Denial of grading permit.
Where, in the opinion of the Building Inspector/Village Engineer, the work as proposed by the applicant is likely to endanger any property or any street or alley, he shall deny the grading permit. In determining whether the proposed work is likely to endanger property or streets or alleys or create hazardous conditions, the Building Inspector/Village Engineer shall give due consideration to possible saturation by rain, earth movements, runoff or surface waters and subsurface conditions, such as the stratification and faulting of rocks, and the nature and type of the soil or rock.
§ 250-46 Appeals.
The Village Board of Trustees shall consider promptly appeals from the provisions of this article or from the determination of the Building Inspector/Village Engineer, and the Village Zoning Board of Appeals shall determine the alternate methods, standards or materials when, in its opinion, strict compliance with the provisions of this article is unnecessary. Any applicant or permit holder shall have the right to appeal to any court of competent jurisdiction from any decision or determination of the Village Board of Trustees.
§ 250-47 Inspection; approval of work.
A.
Authority of Building Inspector/Village Engineer. The Building Inspector/Village Engineer shall, when requested, make the inspections hereinafter required and shall either approve that portion of the work which has been completed or notify the permit holder wherein the same fails to comply with the provisions of this article. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application, the Building Inspector/Village Engineer may refuse to approve further work until approval is obtained for a revised grading plan conforming to existing conditions.
B.
Plans. Plans for grading work, bearing the stamp of approval of the Building Inspector/Village Engineer, shall be maintained at the site during the progress of the grading work and until the work has been approved.
C.
Schedule of inspections. The permit holder shall notify the Building Inspector/Village Engineer in order to obtain inspections in accordance with the following schedule and at least 24 hours before the inspection is to be made:
(1)
Initial inspection. When work on the excavation or fill is about to be commenced.
(2)
Rough grading. When all rough grading has been completed.
(3)
Drainage facilities. When drainage facilities are to be installed and before such facilities are backfilled.
(4)
Special structures. When excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
(5)
Final inspection. When all work, including the installation of all drainage and other structures, has been completed.
D.
Safety precautions. If at any stage of the work the Building Inspector/Village Engineer shall determine by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger property or streets or alleys or create hazardous conditions, the Building Inspector/Village Engineer may require as a condition to allowing the work to be done that such reasonable safety precautions be taken as the Building Inspector/Village Engineer considers advisable to avoid such likelihood of danger. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing.
§ 250-48 Standards for excavations.
A.
Slope generally. No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
(1)
The excavation is located so that a line having a slope of two horizontal to one vertical and passing through any portion of the cut face will fall not closer than 20 feet to lines of the property on which the excavation is made.
(2)
A retaining wall or other approved support is provided to support the face of the excavation.
B.
Erosive material. The Building Inspector/Village Engineer may require an excavation to be made with a cut face flatter in slope than two horizontal to one vertical if he finds the material in which the excavation is to be made unusually subject to erosion or if other conditions exist which make such flatter cut slope necessary for stability and safety.
C.
Underpinning; other protection. Excavations shall not extend below the angle of repose or natural slope of the soil under the nearest point of any footing or foundation of any building or structure unless such footing or foundation is first properly underpinned or protected against settlement.
D.
Protection of adjoining property. Before commencing any excavation which will in any way affect an adjoining property or structures thereon, the person making or causing the excavation to be made shall notify in writing the owners of adjoining buildings not less than 30 days before such excavation is to be made that the excavation is to be made. Adjoining properties and structures shall be protected as provided in the Uniform Fire Prevention and Building Code.
§ 250-49 Standards for fill.
A.
Slope generally. No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:
(1)
The fill, in the opinion of the Building Inspector/Village Engineer, is located so that settlement, sliding or erosion of the fill material will not result in property damage or be a hazard to adjoining property, streets, alleys or buildings.
(2)
A retaining wall or other approved support is provided to support the face of the excavation.
B.
Flatter slope. The Building Inspector/Village Engineer may require that the fill be constructed with an exposed surface flatter in slope than two horizontal to one vertical if he finds that under the particular conditions such flatter surface is necessary for stability and safety.
C.
Additional restrictions. Only clean fill may be used.
§ 250-50 Compaction of fill.
All fills shall be compacted to provide stability of material and to prevent undesirable settlement. The fill shall be spread in a series of layers, each not exceeding 12 inches in thickness, and shall be compacted by a sheepsfoot roller or other approved method after each layer is spread. The Building Inspector/Village Engineer may require tests or other information if, in his opinion, the conditions or materials are such that additional information is necessary.
§ 250-51 Drainage requirements.
Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. Slopes of more than 10 feet in vertical height shall be separated by level berms of at least four feet in width. Berm ditches shall be constructed where necessary to prevent erosion. All drainage provisions shall be of such design as to carry surface waters to the nearest practical street, storm drain or natural watercourse approved by the Building Inspector/Village Engineer as a safe place to deposit and receive such waters. The Building Inspector/Village Engineer may require such drainage structures or pipes to be constructed or installed which are necessary to prevent erosion damage and to satisfactorily carry off surface waters.
§ 250-52 Maintenance of retaining walls and other protective devices.
The owner of any property on which an excavation or fill has been made shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, fences and other protective devices.
§ 250-53 General requirements.
A.
Slopes. The top or bottom edge of slopes shall be at least 20 feet from property or right-of-way lines of streets. At property lines where walls or slopes are steeper than one vertical or one horizontal and six feet or more in height, they shall be protected by a substantial fence three feet or more in height. Before a grading permit is issued, a bond may be required to guarantee the protection of steep slopes.
B.
Silt; debris. The owner of a property shall be responsible to protect and clean up lower properties of silt and debris washing from his property as a result of the regrading of his property.
C.
Natural features. In order to prevent the denuding of the landscape, whenever practicable, large trees and other natural features constituting important physical, aesthetic and economic assets to existing or impending suburban development shall be preserved.
§ 250-54 Grading certificate.
A.
Issuance. If, upon final inspection of an excavation or fill, it is found that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this article and any other requirements imposed, a grading certificate covering such work and stating that the work is approved shall be issued to the permit holder by the Building Inspector/Village Engineer.
B.
Revocation. The Building Inspector/Village Engineer shall have the power to revoke any grading certificate whenever he finds that the work covered by the certificate has been materially extended or altered without a permit so to do or that any retaining walls, cribbing, drainage structures, fences or other protective devices shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair.
C.
Notice of revocation. Before such revocation, the Building Inspector/Village Engineer shall first give written notice to the permit holder, or to the owner of the property involved, specifying the defective condition and stating that, unless such defective condition is remedied satisfactorily, the grading certificate may be revoked. If the defective condition is remedied, the certificate shall not be revoked.
§ 250-55 Requirements of Building Inspector/Village Engineer.
A.
The Building Inspector/Village Engineer shall require the issuance of a permit for any excavation, grading, fill or construction in the Village.
B.
The Building Inspector/Village Engineer shall require review of each permit application to determine whether the proposed site and improvements will be reasonably safe from mudslides. If a proposed site and improvements are in a location that may have mudslide hazards, a further review must be made by persons qualified in geology and soils engineering; and the proposed new construction, substantial improvement or grading must be adequately protected against mudslide damage and not aggravate the existing hazard.
§ 250-56 Penalties for offenses.
Any person violating any provision of this article shall be punishable, upon conviction, as prescribed in § 250-3, Penalties for offenses.