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
|
(7) Roll firm with ground roller.
[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.