[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 6-16-1949 by Ord. No. 8. Section 66-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
It is hereby declared to be the policy of the Village Board to provide for the proper use of land, thereby promoting the safety, health and general welfare of the people of the Village of Nissequogue.
No excavation for purposes other than the construction of a wall, driveway, sidewalk, road, building or part thereof or for public purposes undertaken at the direction of the Board of Trustees or consented to in writing by them shall be commenced except in conformity with the provisions of this chapter.
This chapter does not include the removal of topsoil from one part of lands to another part of the same premises or the grading of an owner's premises when such is done for purposes of farming, building or improving said property.
Before any excavation is commenced or any topsoil is removed for purposes other than those excepted in § 66-2 of this chapter, the owner, lessee or agent of the owner or lessee of the premises shall obtain a written permit from the Board of Trustees.
The applicant shall file with the Board of Trustees an application containing the following information:
A plan drawn to scale giving the location and dimensions of the premises, together with all buildings located thereon, and the buildings located on adjoining property within 50 feet of the property lines.
A duly acknowledged consent in writing of the owner of the premises and mortgagee if any, including his or their address.
Such other information as may be reasonably required by the Board of Trustees, including the nature and extent of the proposed excavation.
Specific design measures proposed to mitigate the potential impact of the proposed excavation upon the surrounding property.
[Added 6-27-1991 by L.L. No. 4-1991]
[Added 6-27-1991 by L.L. No. 4-1991]
All excavations shall be limited to the minimum amount necessary.
Removal from a site under development of soil, sand, gravel or other earth materials shall be limited to the minimum amount necessary, which shall in no case approximate a commercial soil, sand, gravel or earth-mining operation, whether temporary or otherwise.
No excavation by digging, dredging or otherwise nor displacement of soil material of any sort in connection with a commercial sand and gravel operation shall be permitted within the Village boundaries of the jurisdictional limits thereof. No permissive excavation shall be made within 20 feet of any property line, and adequate barricades consisting of wire fencing at least six feet high shall be erected and maintained, surrounding the entire excavation.
No stripping or removal of topsoil shall be made within 10 feet of any property line.
There shall be left upon the surface of the land from which topsoil has been removed not less than six inches of topsoil, and the remaining topsoil shall be seeded with an approved cover crop.
No topsoil shall be removed between the first day of December and the first day of March in any year.
The applicant and the owner of record of the premises shall execute and file with the Village Clerk a bond, approved by the Board of Trustees, in an amount to be fixed by said Board, but not less than $2,000, with a surety company as surety and conditioned for the faithful performance of the conditions contained in this chapter and the observance of all municipal ordinances and to indemnify the Village of Nissequogue for any damage to Village property. Said bond shall be in effect until a certificate of completion has been issued by the Board of Trustees. In the event of a default, such bond shall be forfeited to the Village of Nissequogue. In lieu of such bond, cash deposit may be made with the Clerk of the Village of Nissequogue.
[Amended 9-17-2002 by L.L. No. 3-2002]
Before a permit shall be issued to the applicant, he shall pay to the Village Clerk a minimum fee, as established by resolution of the Board of Trustees, for an excavation, the volume of which does not exceed 10,000 cubic yards, plus an additional sum, as established by resolution of the Board of Trustees, for each additional cubic yard or fraction thereof, and he shall pay a minimum fee for the removal of topsoil, as established by resolution of the Board of Trustees, for an area not exceeding 2,500 square feet, plus an additional sum, as established by resolution of the Board of Trustees, for each additional 2,500 square feet or fraction thereof.
Sandbank and pit excavation permits shall expire by limitation one year from the date of issuance, unless extended for additional period of one year each by the Board of Trustees, upon payment of additional fees based upon the estimated amount of material to be removed and during such extended period at the rates prescribed above.
Topsoil removal permits shall expire on the first day of December of the year in which the permit was granted. No topsoil removal permit shall be valid except between March 1 and December 1 of any year.
[Amended 8-7-1961; 4-5-1988 by L.L. No. 1-1988]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.