[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success: Art. I, 11-29-1955; Art. II, 7-20-1966. Sections 66-5 and 66-13 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
There shall be no excavation, disturbance or removal of earth, loam, topsoil, sand, gravel, clay, stone, brush, vegetation, sod or other flora for sale or for use upon the premises on which such excavation or removal shall be made, except in connection with the bona fide construction or alteration of a building on such premises for which a building permit has been issued by the Building Inspector or in connection with the construction of improvements and the changing of contours in accordance with subdivision plans and contour maps formally approved by the Village Planning Board for such premises, and for which the Board of Appeals shall have granted a special exception authorizing such excavation or removal upon the conditions hereinafter specified.
Before any special exception shall be granted, a written application shall be submitted to the Board of Appeals, together with maps and plans showing the following:
The area to be excavated.
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 one hundred (100) feet to the inch and with a contour interval not to exceed two (2) feet.
Existing and proposed drainage on the premises.
Surrounding properties and streets.
Proposed truck access to the property.
The Board of Appeals may grant a special exception for a limited period of time, not exceeding one (1) year, if it shall find that such excavation or removal will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values or create any drainage or sewerage problems or other conditions which would impair the use of the property in accordance with the zoning regulations 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 and intent of the zoning regulations. An exception shall be granted only upon the following conditions:
That the premises shall be excavated and graded in conformity with the proposed contour plan, as approved.
That slopes shall not exceed a ratio of four (4) vertical feet to six (6) horizontal feet.
That no fixed machinery shall be erected or maintained within three hundred (300) feet of any property or street line, and that no buildings shall be erected on the premises except temporary shelters for machinery and field office.
That there will be no excavation or removal within fifty (50) feet of any street or property line.
That there will be no sharp declivities, pits or depressions, and that proper drainage will be provided to avoid stagnant water.
That after excavation or removal, the premises shall be cleared of debris.
That the top layer of arable soil, for a depth of six (6) inches, shall be set aside and retained on the premises and shall be respread over the premises, upon completion of the excavation or removal, in accordance with approved contour lines. Trees, shrubs, brush, sod and other flora shall be replaced to the extent and within such time limitation as may be required by the Board of Appeals.
That the applicant shall file with the Board of Appeals a performance bond, in form and with surety acceptable to the Board, in such amount as the Board shall deem sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of approval.
This Article shall not be deemed to prevent:
An offense against the provisions of this Article shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or both.
It is hereby declared and found by the Incorporated Village of Lake Success that the regulation of the grading or filling of land within the village is necessary to the protection of properties within the village and the preservation of adjacent properties and public highways, and that such regulations are within the public interest as contributing to the safety, health and general welfare of the residents of the village as well as the preservation of property.
For the purposes of this Article, the following words are defined as follows:
- GRADING OR FILLING OF LAND
- The movement, importation or removal of earth, or other land as defined herein, to the degree that the existing elevation of the ground is raised or lowered by one (1) foot or more.
- Includes topsoil, sand, clay, gravel, mud, bog, silt and rock, or any combination thereof, including lands under water.
- Any individual, partnership, unincorporated association, firm, corporation, organization or other entity.
- The area within the boundaries of the Incorporated Village of Lake Success.
It shall be unlawful for any person to grade land within the Incorporated Village of Lake Success without having first obtained a permit for the accomplishment of such work from the Building Inspector as hereinafter provided.
Before any grading or filling of land is commenced for any purpose other than those excepted in § 66-12, the owner, lessee or agent of the premises shall obtain a written permit therefor from the Building Inspector of the Incorporated Village of Lake Success. For that purpose, such applicant shall file with the Village Administrator in the office of the Village Clerk a verified application, in duplicate, for such permit containing such information as required by the Village Administrator, which shall include, but not be limited to, the following information:
A topographical plan or map prepared by a licensed land surveyor or professional engineer of the premises on which the grading or filling is contemplated, showing the existing and proposed contour of the premises, which shall also encompass the area adjacent to the premises upon which the grading or filling is proposed for a radius of one hundred (100) feet, including any public highways lying within such area and containing the existing elevations of such adjacent areas to the extent necessary to indicate the existing drainage condition and all proposed provisions for stormwater drainage.
A statement of the purpose of necessity of the proposed grading or filling.
The Village Administrator may require additional information or waive any of the foregoing requirements where deemed necessary.
Approval of the proposed work by the Planning Board and the Public Works Commission of the Incorporated Village of Lake Success, together with the approval of the Commissioner of Public Works of the County of Nassau or State of New York where the premises abut county roads or state highways.
Before the issuance of a permit, the applicant shall execute and file in the office of the Village Clerk a bond in the amount of not less than one thousand dollars ($1,000.), conditioned upon the performance of the work in accordance with the plan submitted under § 66-9 hereof and all other conditions of this Article, and indemnifying the village against any damage to village property; in the event of a default, such bond shall be forfeited to the village. In lieu of such bond, a cash deposit or negotiable securities may be deposited with the Village Administrator.
Upon satisfactory completion of the contemplated work in accordance with the application and this Article, such bond or cash deposit shall be released by the Village Administrator. Satisfactory completion of the work shall be evidenced by the certification of a licensed land surveyor or professional engineer.
A fee shall accompany each application for a permit required by this Article, the amount of which shall be in accordance with the Schedule of Fees adopted by the Board of Trustees.
Nothing contained in this Article shall require a person to obtain a permit for the grading or filling of land where such grading or filling is performed as part of a building operation, retaining wall, street opening, driveway or other excavation operation for which a permit is otherwise required by the village, provided that such person has obtained such other permit as may be required prior to the commencement of the grading or filling.
[Amended 3-4-1985 by L.L. No. 1-1985; 4-14-1993 by L.L. No. 4-1993]
An offense of the provisions of this Article shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than one thousand dollars ($1,000.) or by imprisonment for not more than fifteen (15) days, or both.