[HISTORY: Adopted by the Board of Trustees
of the Village of Cove Neck 10-18-1974 by L.L. No. 2-1974 as Art. 20 of the 1974
General Code. Amendments noted where applicable.]
It is found and declared that:
A.
The removal of protective topsoil, sod, trees and
flora as well as the removal of sod, topsoil, subsoil, earth and gravel
from areas within the Village results in the washing of silt and mud
into the Village's catch basins and storm drains during and after
heavy rainfalls and reduces the absorption of water into the soil,
thereby creating flooding conditions after heavy rainfalls and creating
unnecessary erosion and damage to public and private property within
the Village.
B.
The excavation of soil, subsoil, earth and gravel
tends to result in unreasonable odors, smoke, dust, noise and vibrations
and to result in dangers from pits, holes, gullies, water, cliffs,
sharp declivities, sliding earth and hazardous machinery in close
proximity to residential areas.
C.
The foregoing removal and excavation tend to destroy
the natural rural aspect of the community, to depress property values,
to create traffic hazards and to deteriorate the public roads and
streets within the Village.
D.
The foregoing removal and excavation result in such
conditions and others which are detrimental to the public safety,
health, welfare, good order and peace.
E.
Changing existing water levels, dredging or filling
lowland, lakes, ponds, marshes or other watercourses results, or may
result, in erosion, storm damage, flooding, pollution and other damage
to the land so altered or to adjoining properties.
F.
Dredging and/or filling tends to result in unreasonable
odors, smoke, dust, noise and vibrations and to result in dangers
from erosion, storm damage, flooding and pollution, as well as traffic
hazards and deterioration of roads and streets within the Village.
G.
The provisions and prohibitions contained in this
chapter are in pursuance of and for the purpose of securing and promoting
the public health, comfort, safety and welfare of the Village and
its inhabitants.
[Amended 3-22-2022 by L.L. No. 3-2022]
Within the Village there shall be no removal of live trees,
dredging, filling, excavating, disturbing or removing of earth, loam,
topsoil, sand, gravel, clay, stone or sod for removal from, placement
on or for use upon the premises on which the same shall occur unless
and until the Board of Trustees shall have granted a special permit
authorizing such activity or such activity is one of the following
permitted activities:
A.
The excavation, backfilling and the removal of live trees in connection
with the bona fide construction or alteration of a building on such
premises for which a building permit has been issued by the Building
Inspector.
B.
The construction of improvements and changing of contours for roads
and drainage in accordance with subdivision plans and contour maps
formally approved by the Village Planning Board for such premises.
C.
The normal residential landscaping, grounds maintenance, gardening,
or horticultural activities associated with residential properties.
[Amended 3-22-2022 by L.L. No. 3-2022]
Before any special permit shall be granted, a written application
shall be submitted to the Board of Trustees, together with maps and
plans showing the following:
A.
A complete description of the proposed work, including the number,
size and location of live trees to be cut down and the amount of material
to be dredged, filled, excavated, removed, deposited or moved and
the proposed disposition thereof;
B.
The location and dimensions of the affected premises, including the
area to be dredged, filled or excavated;
C.
Existing contour lines on the premises and proposed contour lines
resulting from the intended dredging, filling or excavating shown
on a map drawn to a scale not less than 100 feet to the inch and with
a contour interval not to exceed two feet;
D.
Existing and proposed drainage on the premises;
E.
Surrounding properties and streets; and
F.
Proposed truck access to the property for any material to be moved
over existing streets within the Village.
A.
The Board of Trustees may grant a special permit for a limited period of time, not exceeding one year, if it shall find that the proposed removal of live trees, dredging, filling, excavating or removing will not result in the creation of any sharp declivities, pits or depressions; will not tend to result in soil erosion, fertility problems, erosion, storm damage, flooding or pollution; will not cause depressed land values; and will not destroy the ecological value of wetlands or create any drainage or sewerage problems or other conditions which would impair the use of the property in accordance with Chapter 175, Zoning, or Chapter 145, Subdivision of Land, or which would cause any damage to private or public property within the Village and that such removal of live trees, dredging, filling, excavating or removing will be in harmony with the general purpose and intent of Chapter 175, Zoning, or Chapter 145, Subdivision of Land.
B.
A permit shall be granted only upon the following conditions and in accordance with Chapter 145, Subdivision of Land:
(1)
The premises shall be filled, dredged, excavated and
graded in conformity with the proposed contour plan as approved;
(2)
Slopes shall not exceed a ratio of two vertical feet
to four horizontal feet;
(3)
No fixed or movable machinery shall be erected or
maintained within 300 feet of any property or street line, and no
buildings shall be erected on the premises, except temporary shelters
for machinery and field offices;
(4)
There will be no sharp declivities, pits or depressions,
and proper drainage will be provided to avoid stagnant water;
(5)
After dredging, filling, excavating or removing the
premises shall be cleared of debris;
(6)
Where applicable, the top layer of arable soil for
a depth of six inches shall be set aside and retained on the premises
and shall be respread over the premises upon completion of the dredging,
filling, excavating or removing in accordance with approved contour
lines. Trees, shrubs, brush, sod and other flora shall be replaced
to the extent and within such time limitation as may be required by
the Board of Trustees; and
(7)
The applicant shall deposit or file with the Village
an appropriate amount of cash or, if said Board permits, a performance
bond in form and with surety acceptable to the Board, in such amount
as the Board shall deem sufficient, to insure the faithful performance
of the work to be undertaken pursuant to the conditions of approval
and to insure repairs to any streets (public or private) or any public
property damaged by trucks or other machinery using the same for access
to and from the premises being dredged, filled or excavated.
