[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:
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.
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.
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.
