[Adopted as Ord. No. 1 of the 1952 Code]
This Article is enacted:
A.
In
order to protect the property, safety, health and financial equities
of the Village of Belle Terre, its inhabitants and the public generally.
B.
In
order to conserve the natural beauties and physical advantages of
the village.
C.
In
order to preserve its land and the land of its inhabitants from erosion
and to prevent its destruction and for the purposes of the health,
safety and enjoyment of the citizens of the village and for the good
government and management and financial values of the village.
D.
In
order to prevent any public nuisance which may arise through the unrestricted
excavation of sand and gravel or other soil material which in the
past has caused much destruction of wildlife, shellfish and other
sea life, water resources and valuable soil and plant life on Long
Island and in our village and which may endanger the health and safety
of the village, its scenic beauty and natural values.
It shall be unlawful for any person, partnership, corporation
or any employees to excavate, dredge or otherwise displace sand and
gravel or any soil material within the village limits or to assist
or direct in so doing or to remove and sell the same as part of a
commercial enterprise or for any other purpose, and any such excavating,
dredging or displacement of such soil material and gravel is hereby
declared to be a public nuisance and is prohibited.
The foregoing prohibition shall likewise apply to lands underwater
located in an area lying between the shoreline of the village and
a point 1,500 feet therefrom in Port Jefferson Harbor and/or the Long
Island Sound, as the case may be.
All persons participating in any violation of this Article,
either as proprietors, owners, tenants, managers, superintendents,
engineers, chauffeurs, truck drivers, firemen or otherwise, shall
be severally liable therefor.
The provisions of this Article shall not apply to the excavating
or dredging of sand or gravel or other soil material where such excavating
or dredging is for the purpose of leveling or grading the property
with reference to adjoining property or streets or where such excavating
or dredging is incidental to the erection of any residence or legalized
structure in connection therewith within the village limits and where
the excavation is to be covered or filled into the preexisting grade,
but in such cases a written permit or license shall first be obtained
from the office of the Mayor as authorized by the Board of Trustees
before any such excavating is engaged in.
