[HISTORY: Adopted by the Board of Trustees of the Village of Flower
Hill 1-6-1976 as Ch. 66 of the 1967 Code. Amendments noted
where applicable.]
§ 187-1 Prohibited acts.
§ 187-2 Violators liable.
§ 187-3 Exceptions; permit required.
§ 187-4 Application for permit.
§ 187-5 Penalties for offenses.
§ 187-1 Prohibited acts.
In order to conserve the natural beauty and physical advantages of the
village and the land of its inhabitants and to protect the same from destruction
and in order to prevent and to abate any public nuisance which may arise or
has arisen through the unrestricted excavation of topsoil, sand and gravel
or other soil material within the village limits, it shall be unlawful for
any person to excavate, dredge, mine, strip or otherwise displace or remove
topsoil, sand and gravel or other soil material within the village limits
or to assist or direct in so doing; and any such excavating, dredging, mining,
stripping or other displacement or removal of such topsoil, sand and gravel
or other soil material is hereby declared to be a public nuisance and is hereby
prohibited.
§ 187-2 Violators liable.
All persons participating in any violation of this chapter, either as
proprietors, owners, tenants, managers, superintendents, engineers, chauffeurs,
truck drivers or firemen or otherwise, shall be severally liable therefor.
§ 187-3 Exceptions; permit required.
The provisions of this chapter shall not apply to the excavating or
dredging of topsoil, sand and gravel or other soil material where such excavating
or dredging is incidental to the erection of any residence or other legalized
structure within the village limits and where the excavation is to be covered
or filled in to the preexisting grade; but in such cases a written permit
or license shall first be obtained from the Village Clerk or Village Clerk-Treasurer
as authorized by the Board of Trustees, before any such excavating is engaged
in.
§ 187-4 Application for permit.
A.
Every person, firm or corporation undertaking bona fide
building construction or alteration of a building or buildings or other improvements
within the village wherein or during the course of which it shall be necessary
or required to strip topsoil or other soil material from or make excavation
in the lands within the village limits shall submit simultaneously with all
other maps, plans, plats, specifications or other documents required to be
submitted by the owner of such land, the builder or contractor doing the work
thereon or therein, to either the Board of Trustees or the Planning Board
of the Village of Flower Hill, or other official or officials of the Village
of Flower Hill having jurisdiction thereof, a written application for a license
or permit to perform such work prior to the beginning of any such work, and
no such work shall be instituted or commenced without said owner, builder
or contractor first obtaining the approval of such application by the Board
of Trustees or village official or officials having jurisdiction thereof,
as hereinafter provided. Such owner, builder or contractor shall also submit
simultaneously with such application for such permit, a contour map or maps
and an erosion control and tree location plan as part of such application
as may be required by such Board or Village of Flower Hill official having
jurisdiction thereof. Said application and contour map or maps shall show
the following:
[Amended 11-10-1999 by L.L. No. 3-1999]
(1)
The area to be excavated or stripped.
(2)
Existing contour lines on the premises and proposed contour
lines resulting from the intended excavation or removal, shown on a map drawn
to a scale not less than 10 feet to the inch, and with a contour interval
not to exceed two feet, unless otherwise required by the village official
or officials having jurisdiction of the application.
(3)
Existing and proposed drainage of the premises.
(4)
Immediately adjacent surrounding properties and streets.
(5)
Proposed temporary access to the property.
B.
The Board of Trustees, by a majority vote, or the village
official having jurisdiction thereof may approve such application and contour
map as may be submitted, pursuant to the foregoing subsection, by any person,
firm or corporation, or may require such applicant to make such corrections,
additions or insertions thereon as the majority of the Board of Trustees or
such official may require. Upon compliance with all the requirements hereof,
and the approval of such application and contour map as herein provided, the
Village Clerk or Village Clerk-Treasurer shall issue the necessary permit
or license to the applicant.
C.
The approval of any such application and contour map shall be conditioned upon the requirement that the work to be performed thereunder will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, or create any drainage or sewerage problems or other conditions which would impair the use of the property in accordance with Chapter 240 of the Code of the Village of Flower Hill, or which would cause any damage to private or public property within the village, and that such excavation or removal will be in harmony with the general purpose of Chapter 240 of the Code of the Village of Flower Hill. All surface water is to be maintained on-site.
[Amended 11-10-1999 by L.L. No. 3-1999]
E.
Where any construction or other work is done that involves
removal or displacement of soil, the provisions of the village's erosion
and sediment control regulations shall apply. The violation thereof
shall constitute a violation of this chapter.
[Added 11-10-1999 by L.L. No. 3-1999]