§ 190-16. Permit conditions.  


Latest version.
  • A. 
    The operations under a permit granted pursuant to the provisions of this Article III shall be subject to the following conditions:
    (1) 
    No excavation shall be made below the grade of surrounding property to a depth greater than three feet unless the excavation is properly guarded and protected by a substantial fence of proper height and strength which will prevent children from climbing over such fence and with gates, which gates shall be locked at all times when the property is not being worked.
    (2) 
    All excavations and all conformations resulting from filling or grading operations shall be drained so that water or pools gathering in the bottom of such excavations shall not be greater in depth than one foot.
    (3) 
    No excavation shall be made nor shall any filling operation be conducted which results in the deposit of topsoil, earth, sand, gravel, rock or other substance upon or shall interfere with any natural watercourse on or the natural drainage of the property, and, at the termination of the permit, the premises shall be roughly graded and, if necessary, other provisions made of a permanent nature so that the natural drainage shall be fully restored.
    (4) 
    No filling operation shall be conducted within a horizontal distance of 10 feet of any public road or highway which raises the level of the filled land above the grade of the public road or highway nor within a horizontal distance of 10 feet of adjoining boundary lines of other owners which raises the level of the filled property above that of the adjoining owners without the consent of the Planning Board.
    (5) 
    There shall be no interference with existing drainage, nor shall the filling operation divert or cause water to collect on the property of others or interfere with or overload any existing or planned drainage facilities of the Village, endanger any road, street or highway within the limits of the Village or produce or enlarge areas from which water will not drain, and provision shall be made for the temporary drainage of the property during the filling operation and for the restoration of permanent drainage to be effective upon completion of the operation.
    (6) 
    The filled or excavated portion shall be seeded with a mixture of rye and clover or, in appropriate cases, lawn grasses sufficient to stabilize the soil and shall be graded to the level of and in relation to the contour of adjoining property.
    (7) 
    Such conditions as the Planning Board may deem appropriate as to the time in which the work is to be completed.
    (8) 
    Such other conditions as the Planning Board may deem appropriate to carry out the purposes of this chapter and the broad statements of policy as enumerated in § 190-1 hereof, as if those purposes were specifically enumerated hereunder.
    B. 
    The Planning Board retains the power to impose additional conditions during the term of the permit if, in its opinion or in the opinion of the Building Inspector, additional conditions are necessary.