[HISTORY: Adopted by the Town Board of the
Town of Southold 2-16-1965. Amendments noted where applicable.]
The regulation and control of the general regrading
of land, extraction and removal of earth products and other excavations
is necessary to protect and to prevent serious and irreparable damage
to the public health, safety and general welfare as well as to make
effective the general purposes of comprehensive planning and zoning.[1]
These regulations and controls are intended
to prevent the following conditions from occurring:
A.
The interruption and diversion of natural watersheds
and drainage lines, resulting in inadequate and improper surface water
drainage.
B.
The erosion of soil by water and wind.
C.
The decrease in or destruction of fertility of the
land.
D.
The removal of lateral support of abutting streets,
lands and premises.
E.
The creation of dust storms and mosquito breeding
places.
F.
The creation of dangerous banks, depressions or pits.
G.
The interruption of suitable access roads to other
lands and the disruption of the future road pattern.
H.
The rendering of lands unfit or unsuitable for their
most appropriate uses.
I.
The depreciation of property values.
J.
The creation of other deterrents to the coordinated
and harmonious physical development of the Town of Southold.
[Amended 7-31-1973]
No lands or other premises shall be operated or used as sand and gravel pits nor for the excavation or removal of sand, gravel, stone or other minerals, or for other excavation purposes, nor for the stripping or removal of topsoil therefrom, including sod farming (except such sod farming operations as remove only the top two inches or less of topsoil annually), without a currently effective permit issued by the Town Board in compliance with the provisions of this chapter, or unless listed as an exception in § 228-4.
The following operations and uses are hereby
excepted from the application of this chapter:
A.
Excavation or removal of sand, gravel, stone or other
minerals, or removal of topsoil, on premises owned or leased by a
water district, public improvement district, municipal or other public
or governmental subdivision, authority or department.
B.
Excavation or removal of excess sand, gravel, stone
or other minerals incident to highway, sidewalk, driveway, cesspool,
foundation or cellar construction on the same premises, including
the grading of said premises, upon obtaining a permit therefor from
the Building Inspector.
[Amended 11-9-1971]
C.
Excavation or removal of sand, gravel, stone or other
minerals incident to the construction of a stormwater basin, recharge
basin or drainage sump on the same premises, provided that topsoil
shall not be removed from the premises, and provided further that
before commencement of any such operation, a fence or suitable barrier
shall be erected around the area of excavation in accordance with
plans and specifications approved by the Town Board as adequate to
safeguard the public in the particular circumstances of the terrain
and location of the excavation.
D.
The moving of topsoil or other earth from one part
of a lot or premises to another part of the same lot or premises as
an incident to building, farming or landscaping.
[Amended 11-9-1971]
E.
Removal of excess topsoil or other earth from the
area of a subdivision plat, or from one area of such plat to another
area thereof, when authorized by a special order, in writing, issued
by authority of the Planning Board.[1]
[Amended 11-9-1971; 7-2-1991 by L.L. No. 15-1991]
F.
Removal of topsoil or other earth incident to the
business of operating a nursery.
G.
The moving and/or removal of topsoil or other material
on premises subject to site plan approval by the Town Planning Board,
when authorized in writing by such Board incidental to the approval
of such site plan.
[Added 11-9-1971]
H.
The removal of two inches or less of topsoil annually
during the normal operation of sod farming.
[Added 7-31-1973]
A.
The Town Board may, by resolution in a specific case,
after public notice and hearing and subject to appropriate conditions
and safeguards to be prescribed by such Board in conformity with this
chapter, and in accord with the guides and standards herein, issue
a permit for the use of land for the excavation and removal of sand,
gravel, stone or other minerals or for other excavation purposes or
for the stripping or removal of topsoil.
B.
Such authorization shall not be granted unless the
Board finds that:
(1)
The proposed operations will not interfere with the
surface water drainage plan of the area nor endanger any street, road
or highway.
(2)
The circumstances of the location and the terrain
are reasonably adapted to rehabilitation to the end that the premises
will not become desert or waste land following completion of operations.
(3)
The circumstances of the location and the terrain
are such that conditions and safeguards may feasibly be imposed to
assure that the premises will not constitute an attractive nuisance
to nor endanger the safety of children.
(4)
The use will not cause undue traffic hazards.
(5)
The use will not cause undue vibration, noise or windblown
dust or sand.
(6)
The use will not change the established character
of the neighborhood nor depress the value of other lands generally
in such neighborhood.
(7)
The proposed operations are set back at least 200
feet from any road, street, avenue or highway and are set back at
least 150 feet from any property line; provided, however, that in
the case of operations in existence at the effective date of this
chapter, where the present front, side or rear setbacks of such operations
are less than the requirements hereof, such operations shall not be
extended beyond such present front, side or rear setback lines.
(8)
The proposed operations are to be conducted upon premises
having an area of not less than 20 acres; provided, however, that
the provisions of this subsection shall not apply in the case of operations
in existence at the effective date of this chapter upon premises having
an area of less than 20 acres.
A.
Before any excavation is commenced for any purpose other than those excepted in § 228-4 of this chapter, or before topsoil, earth, sand, gravel, stone or other minerals are removed from the ground, the owner, lessee or agent of the premises shall obtain a written permit therefor from the Town Board. For that purpose, such applicant shall file with the Town Clerk of the Town of Southold an application in duplicate for such permit, which shall set forth and include:
(1)
A detailed statement of the proposed operation; a
plan of the area proposed for excavation or for removal of topsoil,
showing the condition of the plot or premises before operations are
commenced and the proposed condition of said plot or premises after
the work is completed; such plan shall be prepared by a duly licensed
engineer or land surveyor of the State of New York, shall be drawn
to scale and shall show all the streets adjoining the property, the
location and dimensions of the premises upon which it is proposed
to excavate, and the location, size and use of any existing buildings.
(2)
A topographic survey of the property prepared by a
duly licensed engineer or land surveyor of the State of New York,
showing contours at ten-foot intervals, using Coast and Geodetic Survey
datum.
(3)
A duly acknowledged consent, in writing, of the owner
of the premises and mortgagee, if any, including his or their addresses.
(4)
Receipted tax bills or a photostatic copy thereof,
or a letter signed by the Receiver of Taxes of the Town of Southold
or by the Suffolk County Treasurer or by any title insurance, abstract
or searching company authorized to do business in Suffolk County,
certifying that all taxes and assessments against the property described
in the application have been paid.
(5)
The names and addresses of all property owners of
record within 200 feet of the outside boundaries of the premises within
which operations regulated by this chapter are proposed to be performed.
(6)
The following items shall be supplied unless waived by the Town Board under § 228-10 of this chapter:
(a)
A proposed comprehensive plan for the rehabilitation
of the premises, together with a schedule of progress therefor. The
proposed plan of rehabilitation shall set forth the ultimate contour
and grade of the area upon completion thereof and shall describe the
areas to be refilled, topsoiled and seeded, and shall specify the
amount and extent thereof to be performed before December 31 of the
year for which a permit or renewal of a permit is being applied for.
(b)
An estimate, prepared by a duly licensed engineer
or land surveyor of the State of New York, of the total number of
cubic yards of material to be removed from the property pursuant to
such plan during the permit period or renewal thereof.
(7)
A stormwater management control plan consistent with the requirements of Chapter 236, Stormwater Management, of this Code, if required. The stormwater management control plan shall meet the performance and design criteria and standards in Chapter 236, Stormwater Management.
[Added 2-14-2012 by L.L. No. 3-2012]
B.
An application for a permit for sod farming need not include the information required by Subsections A(1), (2), (4) and (6) above. Such application shall set forth a detailed statement of the proposed sod farming operation; a plan of the area to be used for that purpose, showing its existing condition; and the material and information required by Subsections A(3) and (5) above.
Compliance with the following regulations shall
be a continuing condition for the validity and existence of any permit
granted or renewed hereunder.
A.
When required by the Town Board as necessary for the protection of the health, safety and general welfare of the public, for the preservation of property values in the neighborhood or to facilitate the proper drainage of surface water or appropriate use of land, in accordance with the standards prescribed in § 228-5, the premises on which operations regulated by this chapter are performed shall be rehabilitated in accordance with a plan of rehabilitation and schedule of progress therefor approved by the Town Board, which plan and schedule shall be filed in the office of the Town Clerk and are hereinafter referred to as the approved plan of rehabilitation. Such plan of rehabilitation may provide for a partial restoration of the property involved pending the completion of operations regulated by this chapter, and need not include the delineation of streets.
B.
When required by the Town Board as necessary for the
protection of the public, barriers consisting of wire fencing of the
type known as chain-link or cyclone fence, or its equivalent, of such
height as shall be specified by the Town Board as necessary for the
protection of the public, considering the particular circumstances
of the terrain and location, substantially erected and with no opening
except necessary gates for ingress and egress, shall be erected to
prevent public access to the top of any pits or steeply graded slopes.
C.
Bank and pit excavations shall not extend, nor shall
topsoil be stripped or removed, within 150 feet of any property line
nor within 200 feet from the front line of any street, road, avenue
or highway, except when incident to the construction of a cellar;
except that in the case of a bank excavation, the same may begin at
a street or road line. The term "bank excavation" refers to an excavation
which is not carried below the grade of the street or road mentioned
in the preceding sentence.
D.
All slopes shall be excavated and maintained during
operations at safe angles of repose to prevent erosion thereof and
erosion or collapse of upper grade surfaces above such slopes, and
final slopes shall not be inclined steeper than one foot vertical
on one foot horizontal. All slopes shall be protected against collapse
or erosion by the construction of proper drainage ditches back of
the lip or edge thereof.
E.
Dust-down or a similar dust layer shall be spread
on access roads and other traveled areas to protect the public and
the countryside against windblown sand and dust.
F.
Topsoil stripped in connection with operations regulated
by this chapter shall not be removed from the premises but shall be
preserved for use in connection with rehabilitation; provided, however,
that any excess topsoil may be removed after rehabilitation has been
completed. Excess topsoil is any topsoil in excess of that required
to allow a cover of at least six inches over any area on which topsoil
is required to be respread by this chapter. This subsection shall
not apply to sod farming authorized by permit and performed in conformity
with the conditions and safeguards prescribed under this chapter.
G.
Topsoil set aside and preserved for use in accordance with Subsection F of this section shall be respread upon the surface of the land from which topsoil or sand and gravel have been stripped or removed, excepting areas which are laid out as streets, parking lots or areas to be occupied by buildings on a subdivision plat approved by the Town Planning Board.
H.
Upon completion of any operation regulated by this
chapter, the excavation area shall be refilled and graded to such
reasonable level as may be specified in the approved plan of rehabilitation.
I.
All material used as fill shall be free from garbage,
refuse and offal and any combustible, deleterious or unwholesome matter.
J.
All areas on which topsoil has been respread as required
hereinabove shall be prepared for and seeded with grass unless other
vegetation or planting with vines or other covering is specified in
an approved plan of rehabilitation.
K.
Adequate provisions shall be made for the prevention
of the accumulation of water from any source as a result of such operations.
L.
No excavations shall be made which shall cause pollution
to any underground water supply by saltwater intrusion or other causes.
M.
The setback areas shall not be used for the storage
of any products or other materials or equipment.
N.
Natural vegetation is to remain undisturbed within
the setback area. In cases where natural vegetation is inadequate
in such area to provide proper screening, a suitable planting of shrubbery
shall be required.
O.
The operations shall comply with all statutes, ordinances,
rules and regulations applicable thereto.
P.
The issuance of a permit hereunder shall not constitute
authorization for washing, screening or other processing of excavated
materials unless expressly authorized by such permit.
Permits may be issued or renewed by the Town Clerk at the direction of the Town Board upon compliance by the applicant with this chapter. Permits may be issued for a period not exceeding one year and may be renewed for successive periods of one year, provided that the regulations prescribed herein have been complied with and upon furnishing the information required by § 228-6 insofar as applicable to the renewal period, and upon payment of any additional fee required by this chapter and upon furnishing such additional bond or security in an amount approved by the Town Board as sufficient to ensure compliance with these regulations during the renewal period, including performance of the approved plan of rehabilitation on the areas covered by the renewal permit.
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 surety bond in the amount required by the Town Board,
conditioned upon the faithful and punctual performance of the work
required to be performed by the approved plan of rehabilitation on
the area covered by the permit, and conditioned upon compliance with
the other regulations contained in this chapter, and to indemnify
the Town of Southold and/or the Superintendent of Highways for any
damage to Town property and for the cost of taking over such performance
in case of default. In case of any default or failure to perform the
work required to be performed and to furnish the materials required
to be furnished by said approved plan of rehabilitation at or before
the times specified in the schedule of progress approved in connection
therewith, or to do any of the other things required to be performed
by this chapter, such bond shall be forfeited upon written notice
of such default or failure being mailed by certified mail to the permittee
at the address stated in the application and upon failure by the permittee
to cure such default within 60 days after the mailing of such notice.
The sixty-day notice of such default or failure of performance may
be given at any time after such default or failure of performance,
and no default or failure of performance shall be deemed waived or
excused by any delay or failure to mail notice thereof or by any subsequent
renewal of a permit under this chapter.
[Amended 8-26-1976 by L.L. No. 3-1976]
B.
Said bond shall remain in full force and effect until released or until the original amount thereof is reduced by the Town Board upon issuance of a certificate of completion or of partial completion by the Town Board, certifying that all provisions of this chapter and conditions of the permit have been fully complied with. Application for such certificate shall be made by the permittee, owner, lessee or his agent to the Town Clerk and shall be accompanied by a map drawn to scale showing the affected property, giving elevation thereof at ten-foot intervals, 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 as to the amount of topsoil remaining upon ground required to be respread with topsoil by § 228-7 hereof, and that such area has been seeded in compliance with this chapter and that the other conditions of the approved plan of rehabilitation have been fulfilled.
C.
In lieu of such bond, a cash deposit or deposit of
negotiable securities may be made with the Supervisor of the Town,
subject to the approvals, conditions and forfeitures specified hereinabove
in the case of a bond.
If the Town Board shall determine, upon the
request of an applicant for a permit, that no substantial rehabilitation
of the premises will become necessary as a result of the proposed
operations, or upon any application pertaining to an operation in
existence at the time of enactment of this chapter, or whenever the
applicant shall satisfy the Board that unusual hardship shall exist,
the Town Board, in its discretion, may waive any or all of the requirements
or this chapter by resolution of the Board, and the Town Clerk shall
then issue the permit at the direction of the Town Board.
[Amended 11-9-1971]
Before a permit shall be issued or renewed,
the applicant shall pay to the Town Clerk the following fees: A filing
fee of $50 shall be paid with the filing of an application for a permit
required by this chapter. In addition to the foregoing, an additional
fee of $10 for each 500 cubic yards or fraction thereof of material
to be excavated shall be paid upon the issuance of the permit.
A.
Except as set forth in § 228-10, no permit authorizing operations regulated by this chapter shall be issued for the first time under this chapter until after a public hearing by the Town Board in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
B.
Public hearings need not be held on renewals of permits
previously issued under this chapter, provided that the area covered
by the renewal does not extend beyond the area of operations previously
authorized. At least 10 days' notice of the time and place of such
hearing shall be published in one newspaper designated for official
Town notices, and a written notice of any application for a permit
shall be mailed by the applicant to the owners of record, as set forth
in the application, of properties within 200 feet of the outside boundaries
of the premises within which operations regulated by this chapter
are proposed to be performed.
[Amended 7-31-1973 by L.L. No. 1-1973]
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
punishable by a fine not to exceed $2,500 or by imprisonment for a
term not to exceed 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 committed, a separate
and additional offense hereunder.
[Amended 11-21-2006 by L.L. No. 15-2006]
B.
In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of this chapter.
