Village of Muttontown, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Muttontown 9-11-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
A. 
Purpose. The purpose of this chapter is to protect the health, welfare and safety of the community by regulating excavation and grading. The regulation of these activities on improved and unimproved property will preserve the natural resources and aesthetic quality of our community while permitting the reasonable use and improvement to real property.
B. 
Legislative findings. In furtherance of the above purpose, the Village Board of Trustees finds that the unregulated excavation, removal of solid and natural elements, dredging or filling of property, construction and alteration of berms are detrimental to the public health, safety and welfare of the community. These activities tend to cause erosion, storm damage, flooding, pollution, deterioration of roads and streets within the Village, and cause damage to public and private property within the Village as well as impair the natural scenic and aesthetic qualities of the environment in the Village.
As used in this chapter, the following terms shall have the meanings indicated:
BERM
A quantity of dirt, stone, organic material or other fill material or combinations of such material mounded on the ground in excess of three feet above the original existing grade.
EXCAVATION
The disturbance, including but not limited to grading, dredging and removal, of topsoil, subsoil, sod, earth, gravel and such other natural materials in excess of 15 cubic yards.
FILLING
The depositing or dumping of any fill, stone, sand, gravel, topsoil, soil or other organic material on the property or in a lake, pond, marsh or other watercourse in excess of 15 cubic yards.
The construction or alteration of a berm and the excavation or filling on any property are prohibited in the Village unless a permit is granted under this chapter or conducted pursuant to a duly issued building permit.
A. 
Application process. Application shall be made to the Zoning Board of Appeals for a permit to conduct a regulated activity. Such application shall include the following:
(1) 
A current survey of the property and site plan drawn to scale and showing the existing improvements and physical conditions of the property and the nature and extent of the proposed regulated activity.
(2) 
A complete description of the proposed regulated activity, including all pertinent details, including but not limited to quantities of material involved, the size and species of trees to be removed and type of equipment to be used.
(3) 
Radius map showing properties within 300 feet of the property.
(4) 
Proposed truck route to the property for any material and equipment to be transported over existing streets or rights-of-way in the Village.
B. 
Review of plans and conditions of approval.
(1) 
A permit under this chapter may only be granted if the proposed activity is in harmony with the purpose of this chapter and will not have a substantive negative impact on the surrounding community. Conditions of approval deemed necessary to preserve the environment and protect the health, safety and welfare of the community, including but not limited to posting of performance bonds, mitigation measures, screening and landscaping, may be imposed.
(2) 
All work conducted under a permit shall be in accordance with Village approval and all other municipal agencies having jurisdiction and must be completed by the applicant within the time frame set forth in the permit, not to exceed one year. One extension of time not to exceed six months may be granted by the Zoning Board of Appeals.
A. 
The applicant shall pay all filing fees and deposits and be responsible for all other expenses as required for an appeal to the Zoning Board of Appeals.
B. 
As a condition to the issuance of a permit, the Village may require the posting of a performance bond and cash deposit in an amount to be determined by the Village. The performance bond shall be in the form required for Planning Board applications and cover all site improvements, inspection costs and all other expenses for which the applicant is responsible.
A. 
After receiving written notification, the continuation of a violation of this chapter shall constitute a separate and distinct violation hereunder for each day the violation is continued.
B. 
The Building Inspector shall be authorized to stop all work and construction activity on any premises where a violation of this chapter or a permit has occurred. The Building Inspector shall be prohibited from issuing a certificate of occupancy or any additional permits for construction at the property unless and until all violations have been remedied.
C. 
In addition to the penalties imposed on a person convicted of violating this chapter, the violator shall be required to remedy the impacts to the community of the violation and may be required by the Village to remove or replace material, replant in kind or take such other remedial measure the Village requires.
The Board of Trustees shall be empowered, after a public hearing, to adopt, amend or repeal rules and regulations that are necessary and reasonable for the implementation, interpretation, administration and enforcement of the provisions of this chapter.