A.
Before the issuance of a permit, the applicant and the owner of record
of the premises shall execute and file with the Town Clerk a bond,
approved by the Town Board of the Town of Hempstead, 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 Article, the observance of all municipal
ordinances, and to indemnify the Town of Hempstead and/or the Superintendent
of Highways for any damage to Town property. In the event of a default,
such bond shall be forfeited to the Town of Hempstead.
B.
Said bond shall remain in full force and effect until a certificate of completion has been issued by the Building Inspector, certifying to the fact that all provisions of this ordinance and conditions of the permit have been fully complied with. Application for such certificate shall be made by the applicant, owner, lessee or his agent on forms provided by the Town of Hempstead and shall be accompanied by a map drawn to scale showing a cross section of the affected property, giving elevations thereof as provided in § 140-2B of this chapter, prepared by a duly licensed engineer or land surveyor of the State of New York after the completion of the operations, who shall also certify that there is not less than six inches of topsoil remaining upon the ground from which topsoil has been removed and that such area has been seeded in compliance with § 140-4 hereof.
C.
In lieu of such bond a cash deposit or deposit of negotiable securities
may be made with the Supervisor of the Town.
The officer designated by the Town Board to issue such permits
shall charge and collect for each such permit:
A.
Bank and pit excavations. A minimum fee of $200 for an excavation
volume not to exceed 20,000 cubic yards. For excavations exceeding
20,000 cubic yards, the minimum fee shall be $200 plus $0.01 for each
additional cubic yard or fraction thereof.
B.
Topsoil removal. A minimum fee of $25 for an area not exceeding 5,000
square feet. For areas exceeding 5,000 square feet, the minimum fee
shall be $25 plus $10 for each additional 5,000 square feet or fraction
thereof.
A.
Bank and pit excavations. Such permits shall expire by limitation
one year from the date of issuance unless extended by the Town Board.
B.
Topsoil removal. Such permits shall expire by limitation 60 days
from the date of issuance unless extended by the Town Board, and no
permit or permits shall be granted:
(1)
For removal of more than four acres of topsoil from any one tract of land until full compliance with the ordinance is had under any existing permit for the same tract except the preparation of the ground and seeding as provided in § 140-4 hereof, and
(2)
No permit shall be valid except between April 1 and October 1 of
any year.
Nothing contained in this ordinance shall require a person to
obtain a permit hereunder for or prevent a person from removing topsoil
from one part of his lands to another part of the same premises when
such removal is necessary as an accessory use or is made for the purposes
of farming or improving said property or for the installation of public
improvements or public utilities, or to obtain a permit hereunder
either for the installation of public utilities under a road opening
permit or for the removal of material regulated by the Dredging Ordinance
of the Town of Hempstead, No. 42.[2]
