§ 111-25. Lots.

A. 

Grading of lot. When a building has been demolished and no building operation has been projected or approved, the vacant lot shall be filled, graded and maintained in conformity with the established street grades at curb level. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public, and provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises of the adjoining property.

B. 

Any construction activity related to the removal of rock may commence no earlier than 8:00 a.m. and cease no later than 5:00 p.m. on weekdays (Monday through Friday). No such rock removal may occur on Saturday or Sunday. No such removal may occur on any days recognized as holidays by the City of New Rochelle.

Editor's Note: This ordinance also provided for the redesignation of former Subsections B and C as Subsections C and D, respectively.

C. 

Utility connections. All service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the agency having jurisdiction.

D. 

Fill.

(1) 

Dumping of nonorganic fill. Placing of nonorganic fill on or within any property for a period of three months or longer, without grading or leveling to conform to the adjoining grades, curb level or as indicated on the approved plans, shall be prohibited, except as the same may be approved by the Building Official.

(2) 

Dumping of organic fill. Placing of organic fill on or within any property shall be prohibited.

(3) 

Permit to fill. Before any filling operation which exceeds 100 cubic yards is commenced for any purpose, other than for the construction of a wall, driveway, sidewalk, building or part thereof, the owner or lessee, or agent of either, or the architect, engineer or builder employed by such owner or lessee in connection with the proposed filling, shall obtain a fill permit therefor from the Bureau of Buildings. Prior to the issuance of a permit, the applicant shall submit to the Bureau of Buildings an application, together with a plan prepared by a duly licensed engineer, architect or surveyor setting forth in detail the existing topographical elevation and condition of the ground, as well as the proposed finished elevation of the plot or premises after the work is completed. The plan shall be drawn to scale and give all streets adjoining the property, the location and dimensions of the premises upon which it is proposed to fill and the location, size and use of any existing buildings. The submitted plan shall be based upon a topographical plan prepared by a licensed surveyor.

(4) 

Conditions prior to placement; restoration.

(a) 

No fill shall be placed on any land:

[1] 

Until all trees and stumps are removed. Trees that are not removed are to be welled in such a manner that they are able to survive.

[2] 

Until provisions are made for temporary control of drainage during the filling operation.

[3] 

Unless provisions are made for the control of dust during filling.

[4] 

Unless adjacent properties are protected from boulders rolling off the fill.

[5] 

Until all required retaining walls are completely constructed and in place. When there shall exist practical difficulties or undue hardship involved in carrying out the foregoing provision, application may be made to the Board of Standards and Appeals to vary or modify said provision, provided that the spirit and intent of the provision shall be observed and public safety assured.

[Added 11-17-1987 by Ord. No. 315-1987]

(b) 

Any filled area that may be or shall at any time become dangerous to the public safety, public health or to adjacent property, walls, structures or buildings shall be restored to a safe condition in conformity with the provisions of this chapter or other chapters of this code, rule or regulation authorized by law or shall be excavated down to its original contour or to the existing adjacent contours.

(5) 

The fill material shall consist of:

(a) 

Natural earth and rock, provided that rock pieces or boulders do not exceed in any dimension 1/4 of the height of the fill.

(b) 

Broken asphalt materials from road or parking lot excavations, provided that this item does not exceed 10% of the volume of fill and is distributed throughout the fill area rather than being concentrated in one place.

(c) 

Broken concrete, which shall not be reinforced, provided that the size of the broken pieces does not exceed in any dimension 1/4 the height of the fill, with the maximum size in any one direction of 24 inches.

(d) 

Masonry, rubble and bricks, subject to the size restriction above, provided that it does not have attached to it wood or metal.

(e) 

Ready-mixed concrete or concrete washout, subject to the same restriction, and if not already hardened, to be deposited no closer than 25 feet to any watercourse.

(6) 

Unsuitable fill. The following materials are not suitable for filling.

(a) 

Wood of any size or quantity.

(b) 

Any organic material.

(c) 

Any sheetrock or plaster material.

(d) 

Any putrescible material.

(e) 

Any toxic material.

(f) 

Any material not meeting the above size restrictions.

(g) 

Any material of a uniform size that, when dumped in concentrated form, would form a bridging action with voids.

(h) 

Any obstruction to the flow of underground water.

(i) 

Any material that is flammable.

(7) 

Fill material to be covered. On completion or within six months of placing of the fill material or the performing of a similar type of improvement, the premises shall be graded and covered with earth and topsoil as follows:

(a) 

In the case where the fill consists of natural earth and small rocks of under 18 inches in size, there shall be a minimum cover of at least six inches of topsoil.

(b) 

All other fill material shall have an earth cover of at least two feet, including six inches of topsoil. The total fill shall be composed of material as indicated in Subsection C(7)(a) above.

(c) 

In the event that the work involves the removal of topsoil, there shall remain upon the surface from which the topsoil is removed at least six inches of topsoil.

(8) 

Surface water. The area filled shall not contain any additional hollows or depressed areas that would interfere with the natural drainage features of the site. The fill material shall not create any new ponding area, new streams or water channels, unless such condition is approved by the Building Official or City Engineer.

(9) 

Control of surface water. In order that the flow of surface water is controlled, the fill shall be placed in such a manner as to follow the natural slope of the general grade of the area of the property. If this is not possible and the slope of the existing grade is changed so that it now directs the surface water towards the adjoining property, the surface water shall be directed to a surface water control facility.

(10) 

Surface water control facility. The surface water control facility shall consist of an approved swale, ditches, drain or similar facility directing the water to an approved discharge point. Dry wells of an approved capacity and location will be permitted if approved by the Building Official. If necessary, a temporary surface water control facility shall be installed at the commencement of work.

Added 2-23-2016 by Ord. No. 32-2016