Nothing in this chapter shall be deemed to allow
or permit any commercial activity of any kind within the Village or
any moving, removing or excavating (including, without limitation,
any such moving, removing or excavating in connection with the reduction
or increase of any kind in grade) of natural material for commercial
purposes or for the sale thereof, and the same is prohibited, except
as may be permitted by and approved pursuant to this chapter.
No approval shall be required:
A. If the amount of such material to be moved, removed
or excavated from any two-acre or larger parcel of land shall be less
in aggregate than 50 cubic yards within any two-year period, provided
that such work shall be done at least 100 feet distant from the mean
high-water mark of all neighboring bodies of water, and further provided
that such work shall be incident and necessary to the construction
or alteration of a walk, driveway, building or other lawful structure
on such land or to the landscaping thereof or planting therein.
B. For the excavation for the basement of a building
for which a building permit has been duly issued, provided that the
plans submitted to the Building Inspector in the application for such
permit shall include the dimensions and salient details of such excavation.
C. For any work done by the Village for public purposes.
Except as may be permitted by resolution of the Board, no stone, sand, gravel, topsoil, earth of any kind or other material shall be deposited in the bed of any watercourse within this Village or on any land lying within the Floodplain District as defined in Article
VII of Chapter
205, Zoning. The term "watercourse," as used in this section, shall mean any waterway or other body of fresh, brackish or salt water having reasonably well-defined banks, including but not limited to harbors, sounds, bays, rivers, creeks, rivulets, lakes, ponds, vernal ponds and streams.
All parts of this article shall be deemed severable.
Should any section, paragraph or provisions be declared invalid or
unconstitutional by the courts, such holdings shall not affect the
validity of the Article as a whole or any part thereof, other than
the part so declared. The Village Board hereby declares that it would
have enacted this article and each part thereof irrespective of the
fact that any one or more parts, section, subsection, phrase, sentence
or clauses be declared invalid.