[HISTORY: Adopted by the Board of Trustees of the Village
of Nissequogue 6-16-1949 by Ord. No. 8. 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.
[Amended 8-7-1961]
A.
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.
B.
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.
A.
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.
B.
The applicant shall file with the Board of Trustees an application
containing the following information:
(1)
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.
(2)
A duly acknowledged consent in writing of the owner of the premises
and mortgagee if any, including his or their address.
(3)
Such other information as may be reasonably required by the Board
of Trustees, including the nature and extent of the proposed excavation.
(4)
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]
A.
All excavations shall be limited to the minimum amount necessary.
B.
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.
[Amended 8-7-1961]
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.
A.
No stripping or removal of topsoil shall be made within 10 feet of
any property line.
B.
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.
C.
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.
A.
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.
B.
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.
