[Adopted as Ch. 175 of the 1976 Code]
Except as provided in § 314-16 hereof, no person shall, in one calendar year, within the Village of Great Neck, strip or remove sod or topsoil from an area of more than 500 square feet or strip or remove, from an area aggregating more than 500 square feet, partly the sod, partly the topsoil or partly the subsoil thereof, without previously applying for, obtaining and holding unrevoked a permit therefor and paying the fee, as hereinafter provided.
Each application shall be in writing and shall be addressed to the Board of Trustees of the Village of Great Neck and shall be filed with the Village Clerk at the Village Office. It shall state:
A. 
The name and address of the applicant.
B. 
The name and address of the owner of the land from which the sod, topsoil or subsoil is to be stripped or removed.
C. 
A description of the land from which the sod, topsoil or subsoil is to be stripped or removed.
D. 
A statement of the area from which the sod, topsoil or subsoil is to be stripped or removed.
E. 
Such other facts as the Village Clerk or Board of Trustees may require at the time of filing such application or thereafter.
Each application shall be accompanied by the amount of the license fee hereinafter provided and a bond, to be approved by the Board of Trustees of the Village of Great Neck, with a responsible surety company as surety, or a cash deposit in lieu thereof, as hereinafter provided.
Except as provided in §§ 314-16 and 314-17 hereof, no permit shall be issued:
A. 
For the removal of more than 5,000 square feet of sod, topsoil or subsoil from any one acre of land.
B. 
For the removal of more than two acres of sod, topsoil or subsoil from any one tract of land in the same ownership in any one year.
C. 
For the stripping or removal of sod, topsoil or subsoil within 10 feet of any property line.
D. 
Permitting the stripping or removal of sod, topsoil or subsoil between October 1 of one year and April 1 in the following year.
E. 
For the stripping or removal, from the areas herein named of partly the sod, partly the topsoil or partly the subsoil thereof.
F. 
Which shall be valid for more than 60 days after its date.
G. 
Until full compliance with the article is had under any existing permit for any part of the same tract of land.
Except as provided in §§ 314-16 and 314-17 hereof, no stripping or removal of sod, topsoil or subsoil shall be made unless:
A. 
The conditions of § 314-9 of this article have been complied with.
B. 
All of the provisions of § 314-12 of this article have been complied with.
C. 
Any special conditions and requirements imposed by the Board of Trustees, upon which such permit is issued, have been complied with.
D. 
Upon completion of the work, any part of the premises below grade from which the sod, topsoil or subsoil has been stripped or removed shall be graded to the level of the abutting street or the original grade if the same was below the level of the street.
[Amended 2-4-2003 by L.L. No. 2-2003]
E. 
Upon completion of the work, dust-down or its equivalent shall be spread to prevent dust from flying.
F. 
Upon completion of the work or the expiration of the permit, whichever is earlier, there shall be left upon the surface of the land from which the sod, topsoil or subsoil has been removed, not less than six inches of topsoil.
G. 
All areas from which sod, topsoil or subsoil has been removed shall, during the period between August 20 and October 1, be prepared into a loose level seed bed, limed, fertilized and seeded in the following steps:
(1) 
Apply ground limestone at the rate of one ton per acre.
(2) 
Apply five-to-ten-to-five fertilizer at the rate of 600 pounds per acre.
(3) 
Disc area to work limestone and fertilizer into the soil to a depth of at least three inches.
(4) 
Smooth area with smoothing harrow.
(5) 
Sow the following seed mixture at the rate of 100 pounds per acre:
Type of Seeds
Number of Pounds
Timothy
30
Kentucky bluegrass
25
Redtop
10
Perennial ryegrass
30
Alsike clover
4
Wild white clover
1
(6) 
Brush in seed lightly.
(7) 
Roll firm with ground roller.
A. 
The surety bond hereinbefore provided shall be in an amount to be fixed by the Board of Trustees, but not less than the sum of $1,000 and shall be conditioned for the faithful performance of the conditions contained in this article, the observance of all municipal ordinances of the Village of Great Neck and to indemnify the Village of Great Neck for any damage to Village property. In the event of a default such bond shall be forfeited to the Village. 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 the provisions of this article and the conditions of the permit have been fully complied with.
B. 
In lieu of such a surety bond, a cash deposit in equal amount may be made with the Village Treasurer, to be held by him upon the same terms and conditions as the aforesaid surety bond, and to be applied by him for the same purposes in case of default.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003]
The fee for each permit shall be in such amount as shall be prescribed from time to time by the Board of Trustees.
In case the stripping or removal of sod, topsoil or subsoil is incidental to the construction or alteration or landscaping of a building or other structure for which a building permit is required under Chapter 575, Zoning, or under Chapter 237, Uniform Construction Codes, Article I, Administration and Enforcement, thereof, as now or hereafter in force, and the application for such building permit contains the information required in § 314-10, no permit fee or security shall be required under this article, but the building permit issued under Chapter 575, Zoning, or under Chapter 237, Uniform Construction Codes, Article I, Administration and Enforcement, shall be deemed to include a permit for such incidental stripping or removal of sod, topsoil or subsoil under this article. In such case the provisions of §§ 314-12 and 314-13 shall not apply to the area affected by the construction or alteration of such building or the landscaping and improvements incidental thereto, but, otherwise, shall be in full force and effect. To such extent, the building permit shall be deemed issued subject to the terms and conditions of §§ 314-12 and 314-13, and no certificate of occupancy shall be issued unless all of such terms and conditions have been complied with.
A. 
The Board of Trustees may, at its discretion, waive the license fee and security otherwise required by this article if it is satisfied that:
(1) 
Any permit is solely and exclusively for the purpose of permitting the owner to remove sod, topsoil or subsoil from one part of his land to another part of the same premises.
(2) 
Such removal is necessary as an accessory use.
(3) 
Such removal is made for the purpose of farming.
(4) 
Such removal is made for the purpose of improving such property.
B. 
In the cases mentioned in Subsection A(2), (3) and (4) of this section, the Board of Trustees may also waive such of the requirements of §§ 314-12 and 314-13 hereof as it may deem necessary in order to permit such purposes to be carried out and, in lieu thereof, may impose such special conditions and requirements as it may consider necessary or proper in order to carry out the purposes of this article.[1]
[1]
Editor's Note: Former Section 11, which immediately followed this section, regarding penalties for offenses was deleted. This article is now covered by the general penalty provisions, contained in Ch. 1, General Provisions, Art. II.