As used in this article, the following terms shall have the
meanings indicated:
EARTH PRODUCTS
Includes such material as topsoil, sand, gravel, stone and
other minerals.
EXCAVATION
Any hole, pit, sidehill cut, stripping or similar condition,
except that the provisions of this article shall not apply when the
extent of such excavation shall be limited to the requirements for
actual construction of a wall, driveway or sidewalk, or to the requirements
for actual construction of a building or structure or part thereof
for which the Board of Site Plan Review has approved a site plan or
to a cesspool, septic tank or recharge basin excavation or to a residential
site of less than two acres.
[Amended 10-24-1967]
EXTRACTION
All the various methods used in excavating or mining earth
products.
GENERAL REGRADING
Any rearrangement of the topography of a property, except
that the provisions of this article shall not apply when the extent
of such regrading shall be limited to the requirements for the actual
construction of a wall, driveway or sidewalk or to the requirements
for actual construction of a building or structure or part thereof
for which the Board of Site Plan Review has approved a site plan or
to a cesspool, septic tank or recharge basin or to a residential site
of less than two acres.
[Amended 10-24-1967; 1-22-1974; 2-25-1986]
PROCESSING OF MATERIALS
The passing of sand and gravel as excavated through any portable
or permanent machinery or other structure so as to separate, segregate
or otherwise change the natural composition or size makeup of the
material. Any process or system which washes the natural material
obtained at the site shall also be considered a system which processes
materials under the provisions of this article.
[Added 5-11-1971]
REMOVAL
The transport of earth products from the property upon which
they are naturally located to some other property, whether they remain
in their original form or become changed in any way and whether or
not such removal is for profit.
SUBDIVIDER
A person or corporation who proposes a subdivision under
the provisions of the Smithtown Planning Board's Rules and Regulations
for the Subdivision of Land, whether such subdivision is for residential
purposes or some other use.
[Added 8-9-1983; amended 2-25-1986]
The following provisions shall apply to any regrading, excavating,
extraction or processing or removal of materials or earth products
that may be permitted pursuant to this article or other provisions
of the Town Code:
A. No regrading, excavating, extraction or processing of materials shall
be permitted between the hours of 11:00 p.m. and 6:00 a.m.
B. No regrading, excavating or extraction, processing or removal of
earth products shall be permitted between the hours of 11:00 p.m.
and 6:00 a.m.
[Added 8-24-1982; amended 2-25-1986]
Whenever the Town Engineer has reasonable grounds to believe
that regrading and excavating is being prosecuted in violation of
any of the provisions of the Code of the Town of Smithtown or not
in conformity with the provisions of any application, required supplementary
documents and drawings, on the basis of which a regrading and excavating
is being conducted, or in an unsafe and dangerous manner, he shall
notify the owner of the property or the owner's agent or the person
performing the work to suspend all work, and any such persons shall
forthwith stop such work and suspend all regrading and excavating
activities until the stop order has been rescinded. Such order and
notice shall be in writing, shall state the conditions under which
the work may be resumed and may be served upon a person to whom it
is directed either by delivering it personally to such person or by
posting the same in a conspicuous place on the site and sending a
copy of the same to such person by registered mail.
[Added 8-24-1982; amended 5-24-1983]
Any person who shall fail to comply with a stop-work order issued
by the Town Engineer shall be subject to a penalty in a minimum sum
of $1,000 for each day that such violation continues.