[HISTORY: Adopted by the Town Board of the
Town of Babylon: Art. I, 4-22-1969; Art. II, 12-9-1969, amended
in its entirety 5-11-1993 by L.L.
No. 4-1993. Subsequent amendments noted where applicable.]
[Adopted 4-22-1969]
A.
When it shall come to the attention of the Town Board
that real property within the Town has been excavated and such excavation
remains unfilled and that such excavation may constitute a hazard
to the public safety, the Town Board may proceed in the following
manner:
(1)
The Town Board, by resolution adopted at any meeting,
shall fix the time and place of a hearing to determine if such hazard
exists.
(2)
Notice thereof shall be published once in a newspaper
having general circulation in the Town not less than 10 days prior
to the hearing.
(3)
Notice by mail shall be sent to the owner of record
of the affected property at the address shown on the last preceding
assessment roll not less than 10 days prior to the hearing.
B.
Said notices shall generally state the purpose of
the hearing and the location of the affected property.
[Amended 9-7-1994 by L.L. No. 26-1994]
If, after such hearing, the existence of such
lands and property are deemed by the Town Board to constitute a hazard
to the public safety, the Chief Building Inspector shall be directed
to give notice, by registered mail, to the owner of record of the
property at the address shown on the last preceding assessment roll,
stating that such lands and property are deemed to be a hazard to
the public safety and directing the owner to fill such lands. The
notice shall state the location of the property and shall further
state that if the lands are not filled by or at the direction of the
property owner within 30 days, the Commissioner of the Department
of Public Works will fill the lands and assess the costs against such
lands in the manner provided for the levy and collection of other
taxes assessed against such lands.
[Amended 9-7-1994 by L.L. No. 26-1994]
If, after 30 days from the date the notice is
sent to the owner of record, such lands have not been filled, the
Commissioner of the Department of Public Works shall proceed to fill
such lands using such means and incurring such expense as shall be
necessary to expeditiously remove the hazard.
The cost of filling such lands shall be assessed
against such lands in the following manner:
A.
The Commissioner of the Department of Public Works
shall serve, personally or by mail, upon such owner a written notice
stating that at a time and place specified therein he will assess
the cost of filling such lands against the owner neglecting to perform
such duty. Such notice shall be served at least eight days previous
to the time specified therein. If directed against a company, it may
be served upon it at its principal place of business or upon an agent
of the company within the Town.
[Amended 9-7-1994 by L.L. No. 26-1994]
B.
At the time and place so specified, he shall hear
the parties interested and shall thereupon complete the assessment,
stating therein the name of each owner and the amount assessed against
him or it, and shall return such assessment to the Town Clerk, who
shall present the same to the Town Board.
C.
The Town Board shall certify such assessment to the
County Board of Supervisors of Suffolk County, who shall cause the
amount stated therein to be levied against such owner, and any uncollected
tax shall be a lien upon the land affected.
D.
The amount so levied shall be collected in the same
manner as other taxes levied by such Board and shall be paid to the
Supervisor of the Town of Babylon to be applied in reimbursing the
fund from which such cost was defrayed.
[1]
Editor's Note: The provisions of this article
are derived from Ch. 12 1/2 of the 1969 Unified Code of Ordinances
of the Town of Babylon.
It is hereby declared to be the policy of the
Town to provide for the proper use of land to prevent all excavations
which create pits, holes or lakes in the earth and leave it in a hazardous
or dangerous condition or state; or cause soil erosion which depletes
the land of its natural vegetative cover and supply of organic materials;
or render such land and surrounding territory unproductive and unsuitable
for agricultural, residential, industrial and other purposes resulting
in lower land values and adversely affecting the Town tax structure.
By this article, the Town Board seeks to remove the danger to health,
life, safety and welfare caused by pits, holes or lakes remaining
in the ground and the stripping of topsoil which results in damage
to agricultural crops through dust storms, in dry weather by exposure
of the bare earth to wind action and in wet periods by ponds of water,
which article will promote the safety, health and general welfare
of the people of the Town and preserve land values and the Town tax
structure.
No excavation or part or extension thereof for purposes other than the construction of a wall, railroad, driveway, sidewalk, building or part thereof, farming or public use or as permitted by § 117-16 of this article and otherwise permitted by law shall be commenced or shall be continued, except in conformity with the provisions of this article.
A.
Excavations for the purpose of mining sand, gravel
and other minerals shall be allowed as a permissive use by the Board
of Appeals, subject to conditions, restrictions and safeguards as
may be imposed by the Board of Appeals. Mining shall be defined as
any alteration of the surface or subsurface of land by any activity
that removes, deposits or disturbs rock, gravel, sand, silt, soil
or any other geologic deposits.
B.
Before approving such use, the Board of Appeals shall
determine the following:
(1)
No residential zone shall be within 1,000 feet of
the site.
(2)
No school, church, park or similar place of public
assembly shall be within 1,000 feet of the site.
(3)
The applicant shall have applied to the New York State
Department of Environmental Conservation for a mining permit pursuant
to Environmental Conservation Law Article 23.
A.
Before the excavation or removal of any nonvegetative earth products, other than for the construction of a wall, railroad, driveway, sidewalk, commercial or residential building or part thereof, farming or public use or as permitted by § 117-15 of this article, the owner, lessee, his agent or contractor shall obtain a permit therefor from the Town Board for such excavation and/or removal. Application permits or extensions thereof shall be made to the Commissioner of Planning and Development in duplicate, duly verified, on forms provided by the Town and must be accompanied by the following:
(1)
A plot drawn to scale, prepared by a duly licensed
engineer or land surveyor of the State of New York, setting forth
the location and dimensions of the property which it is proposed to
excavate; the location, size and use of any existing structures thereon;
all Town-accepted highways contiguous to the property to be excavated;
cross sections of the property with elevations thereof at intervals
of one-hundred-foot squares and also at each break in the grades,
showing the elevation or depression of the premises, as the case may
be, as compared to the grade of all abutting Town accepted highways
or contiguous properties, as the case may be.
(2)
A duly acknowledged consent, in writing, of the owner
of the premises and the mortgagee, if any, including his or their
addresses.
(3)
The Town and the applicant shall jointly take samples
of the surface soil on the affected area to determine the character
and quality of the soil to be replaced. The cost of such sampling
is to be paid by the applicant.
(4)
A mining permit issued by the Department of Environmental
Conservation pursuant to Environmental Conservation Law Article 23.
B.
Before the Town Board shall issue such permit, the
Town Board shall find that:
(1)
Such use is reasonable, necessary and will be in harmony
with and promote the general interests and welfare of the surrounding
community.
(2)
The neighborhood character and surrounding property
values are reasonably safeguarded.
(3)
The proposed use will not prevent the orderly and
reasonable use of adjacent property.
(4)
The site is particularly suitable for the location
of such use in the community.
(5)
The access facilities are adequate for the estimated
traffic from public streets, so as to ensure the public safety and
to avoid traffic congestion.
(6)
The proposed use will not pose risks to the public
health or safety.
(7)
Adequate buffer yards and screening can be provided
to protect adjacent properties and land uses from possible detrimental
impacts of the proposed use.
(8)
Adequate provision can and will be made for the collection
and disposal of stormwater runoff, sewage, refuse and other liquid,
solid or gaseous waste which the proposed use will generate.
(9)
The natural characteristics of the site are such that
the proposed use may be introduced there without undue disturbance
or destruction of important natural features, systems or processes
and without significant negative impact to groundwater and surface
water on and off the site.
(10)
The lot area is sufficient, appropriate and adequate
for the use, as well as reasonable anticipated operation expansion
thereof.
(11)
The proposed use can and will comply with all provisions
of this article and of the Code which are applicable to it and can
meet every other applicable federal, state, county and local law,
ordinance, rule or regulation.
(12)
The proposed use will not result in unacceptable levels
of noise, vibration, smoke, dust, odor, fumes or noxious gases, nor
negatively impact upon air quality.
Permits hereunder shall expire by limitation
one year from the date of issuance, unless extended from year to year
by the Commissioner of Planning and Development with consent of the
Town Board, and in no case shall any permit be extended for more than
three years from the date of the original issuance of such permit,
unless extended by the Town Board. No permit shall be issued for an
area exceeding 10 acres. No permits for new areas shall be issued
to a permittee who has failed to secure a certificate of completion
for any permitted area, as provided in this article. A permittee may
have only one permit in force at the same time for the same property.
[Amended 9-7-1994 by L.L. No. 26-1994]
Before issuance of a permit hereunder, the owner,
contractor, lessee or applicant shall execute and file with the Town
Clerk a bond, cash or its equivalent, said bond to be approved by
the Town Board as to form, sufficiency and manner of execution. Said
bond shall be conditioned for the faithful performance of the conditions
contained in this article and in addition shall indemnify the Town
and the Commissioner of the Department of Public Works for all damage
to Town property. Said bond shall remain in force and effect until
a certificate of completion has been issued by the Town as provided
in this article. The bond shall, in case of areas of 10,000 square
feet or less, be in the amount of $5,000. For areas exceeding 10,000
square feet, the minimum bond of $5,000 shall be increased at the
rate of $1,000 for each additional 10,000 square feet or part thereof.
[Amended 4-9-1996 by L.L. No. 6-1996]
The Commissioner of Planning and Development
shall charge as a permit fee for each permit issued pursuant to this
article in such amount as shall be established from time to time by
Town Board resolution.
A.
Required. Each permittee hereunder must secure a certificate of completion prior to the expiration of his permit and extension or extensions thereof, if any, unless the time to secure such certificate is extended by the Town Board upon good and sufficient cause shown. Application for such certificate shall be made in duplicate, duly verified, to the Commissioner of Planning and Development by the owner, contractor, permittee or lessee or agent, upon forms provided by the Town, and in cases of excavations and/or removal under §§ 117-13 and 117-14 of this article shall be accompanied by a cross section of the affected area, giving elevations thereof as provided in § 117-8A of this article, prepared by a duly licensed engineer or land surveyor of the State of New York, after completion of the operations.
B.
Issuance. The Commissioner of Planning and Development shall issue such certificate where it appears by good and sufficient proof that the property, upon completion of excavation and/or removal operations, is in the state or condition required by the provision of § 117-13 or has been put in the state or condition with respect to refilling, surfacing and seeding as required by the provision of § 117-15 of this article, whichever section shall be applicable.
No stripping or removal of topsoil shall be
made within 10 feet of any property line. Upon completion of stripping
or removal of topsoil, there shall be left remaining upon the surface
of the land from which topsoil is removed or stripped not less than
four inches of topsoil. Dust down or its equivalent shall be spread
to prevent dust from flying. The affected areas shall be seeded to
ensure fast growing vegetation.
No excavation for the removal of nonvegetative earth products, except as stated in § 117-13, shall be made at any times within 20 feet of any property line or Town-accepted highway. Adequate barriers surrounding the affected area shall be erected and maintained upon the approval of the Building Inspector. Adequate provision shall be made for the prevention of flying dust by sprinkling, spreading of dust down or its equivalent.
A.
Upon completion of excavation operations, the affected
area shall be refilled with clean, nonburnable material containing
no garbage, refuse or offal or other unwholesome matter. The area
abutting upon all Town-accepted highways shall be refilled so that
the same shall be no lower than the level of such abutting highway
for a distance back of 150 feet. The remaining area shall be refilled
so that the same shall be no lower than 5 1/2 feet below the
lowest point of the Town-accepted highway upon which property fronts,
or if the property does not front upon any highway, then below the
lowest point of the nearest Town-accepted highway. The remaining area
shall be sloped up to meet all areas abutting upon the Town-accepted
highway or adjoining properties on a grade of one foot vertical to
two feet horizontal or flatter. In no case shall the lowest point
of the affected area be less than four feet above the underground
mean water table, except when necessary for recharging basins as may
be required by the New York State Water Power and Control Commission
or for proper drainage of the area.
B.
The affected area shall be surfaced with a minimum
of four inches of topsoil where four inches or more of topsoil existed
prior to such excavation, and in all other cases, the existing surface
soil prior to such excavation shall be preserved and replaced to a
depth of four inches or the affected area surfaced with an equivalent
quantity of surface soil of similar quality.
C.
The affected area in every case shall be seeded to
ensure fast-growing vegetation. Where the affected area or any part
thereof is paved or used for industrial purposes, the topsoil and
seeding provisions shall not apply to such area. In no case shall
a permittee be required to refill above a grade existing at the time
of the issuance of the permit.
Nothing herein contained shall require a person
to obtain a permit or prevent him from removing topsoil from one part
to another of the same premises when such removal is necessary as
an accessory use or is made for the purpose of improving said property.
The excavation and/or clearing of streets shall not require a permit
under this article and shall be considered as being performed for
public use.
The Commissioner of Planning and Development
of the Town of Babylon is hereby designated as the person to issue
permits, extensions of permits and certificates of completions for
the same.
[Amended 4-27-2022 by L.L. No. 10-2022]
For any and every violation of the provisions of this article, the owner, lessee, agent or contractor of the premises where such violations have been committed or shall exist, and the lessee or tenant of the premises where such violation has been committed or shall exist, and the owner, agent, contractor or lessee or tenant of any part of the premises in which part of said violation has been committed or shall exist, and the agent, architect, engineer, surveyor, contractor or any other person who knows, permits, takes part or assists in any such violation or who maintains any premises in which any such violation shall exist shall be guilty of an offense punishable as provided in § 1-15 and shall be subject to civil penalties provided in §§ 1-16 and 1-17 of this Code. Each day's violation shall constitute a separate offense. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
