[HISTORY: Adopted by the Board of Trustees of the Village of North Hills 10-27-1982 by L.L. No. 15-1982 (Ch. 100 of the 1982 Code). Amendments noted where applicable.]
No lands or other premises within the Village of North Hills shall be operated or used for the excavation or removal of sand, gravel and stone, or other minerals or for other excavation purposes or for the stripping or removal of topsoil therefrom, without a currently effective permit issued by the Board of Trustees in compliance with the provisions of this chapter or unless listed as an exception in § 124-2 hereof.
The following operations and uses are hereby excepted from the application of this chapter and may be performed in any district:
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.
Excavation or removal of sand, gravel, stone or other minerals or removal of topsoil on premises incident to permitted highway, sidewalk or driveway construction on the same premises, provided that all other topsoil shall not be removed from the premises.
Excavation or removal of sand, gravel, stone or other minerals or removal of topsoil on premises incident to the construction of a stormwater basin, recharge basin or drainage sump on the same premises, provided that all other 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 Village Code Enforcement Officer as adequate to safeguard the public in the particular circumstances of the terrain and location of the excavation.
The moving of topsoil or other earth from one part to another of the same premises as an incident to building, farming or landscaping.
Removal of topsoil or other earth incident to the business of operating a nursery.
The Board of Trustees 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, issue a permit for the stripping or removal of topsoil, where such use conforms to the requirements of the Zoning Code.
Such authorization shall not be granted unless the Board of Trustees finds that:
The proposed operations will not interfere with the surface water drainage plan of the area nor endanger any street, road or highway.
The circumstances of the location and terrain are reasonably adapted to rehabilitation following completion of operations.
The circumstances of the location and terrain are such that conditions and safeguards may feasibly be imposed to assure that the premises will not constitute an attractive nuisance or threat to the safety of children.
The activities to be conducted will not cause undue traffic hazards.
The activities to be conducted will not cause undue vibration, noise or windblown dust or sand.
The activities to be conducted will not change the established character of the neighborhood or depress the value of other lands generally in such neighborhood.
Notice of hearing before the Board of Trustees shall be provided to the Village Code Enforcement Officer at least 30 days prior to the date thereof. Before the hearing, the Village Code Enforcement Officer shall investigate the facts and circumstances relating to Subsections A and B above and submit his report thereon in writing to the Board of Trustees, which report may, at the Board's discretion, be read at the hearing and which shall be made available for public inspection during the hearing.
Before any excavation is commenced for any purpose other than those excepted in § 124-2 of this chapter, or 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 Board of Trustees. For that purpose such applicant shall file with the Village Clerk six copies of an application for such permit which shall set forth and include:
An application on a form prescribed by the Village Code Enforcement Officer containing 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 a scale of one inch equals 50 feet 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.
A topographic survey of the property prepared by a duly licensed engineer or land surveyor of the State of New York, drawn to a scale of one inch equals 50 feet, showing contours at two-foot intervals, using United States Coast and Geodetic Survey datum.
A duly acknowledged consent in writing of the owner of the premises and mortgagee, if any, including his or their addresses, and an abstract of title, certified by a title insurance, abstract or searching company authorized to do business in the State of New York, setting forth the names of all owners of interests in the real property.
Receipted tax bills or a photostatic copy thereof or a letter signed by the Receiver of Taxes of the Town of North Hempstead or by the Nassau County Treasurer or by any title insurance, abstract or searching company authorized to do business in the State of New York, certifying that all taxes and assessments against the property described in the application have been paid.
An area map, drawn to a scale of not less than one inch equals 100 feet, showing section, block and lot numbers and accompanied by 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.
Unless waived by the Board of Trustees, 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 existing and ultimate contour at two-foot intervals, using United States Coast and Geodetic Survey datum, and the 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. The applicant shall also include an estimated cost of rehabilitation, to be reviewed and revised as directed by the Village Code Enforcement Officer.
An estimate and cross-sections taken at no less than fifty-foot intervals, drawn to scale, 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.
All application for permits under this chapter shall be forwarded by the Village Clerk to the Planning Board for review and recommendation. No permit application shall be acted upon prior to recommendation by the Planning Board, or prior to the expiration of 45 days after receipt of the application, whichever first occurs, except that the Board of Trustees may by unanimous vote of the entire Board waive the requirement of this subsection.
An application for a permit for sod farming need not include the information required by Subsection A(2), (4) and (7) of this section. Such application shall set forth on the form prescribed by the Village Code Enforcement Officer 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 Subsection A(1), (3), (5) and (6) of this section.
Compliance with the following regulations shall be a continuing condition of the validity and existence of any permit granted or renewed hereunder:
When required by the Board of Trustees 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 § 100-3 of this chapter, 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 Board of Trustees, which plan and schedule is 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.
When required by the Board of Trustees 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 Board of Trustees as necessary for the protection of the public considering the particular circumstances of the terrain and location, with no openings except necessary gates for ingress and egress, shall be erected to prevent public access to the top of any pits or steeply graded slopes.
Bank and pit excavations shall not extend nor shall topsoil be stripped or removed within 150 feet of any property line and 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 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.
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 1 1/2 feet horizontal. All slopes shall be protected against collapse or erosion by the construction of proper drainage ditches back of the lip or edge thereof.
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.
Topsoil stripped in connection with operations regulated by this chapter shall not be removed from the premises and 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 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 from the Board of Trustees and performed in conformity with the conditions and safeguards prescribed under this chapter.
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 or site plan approved by the Village Planning Board.
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.
All material used as fill shall be free from garbage, refuse, offal, combustible or any deleterious or unwholesome matter.
All areas on which topsoil has been respread as required hereinafter 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.
Permits may be issued or renewed by the Board of Trustees upon compliance by the application with §§ 124-7 and 124-8 of this chapter. Permits may be issued for a period not to exceed one year and may be renewed by the Board of Trustees for successive periods of one year, provided that the regulations prescribed herein have been complied with and upon the furnishing of the information required by § 124-4 of this chapter, insofar as applicable to the renewal period, upon payment of any additional fee required by law based on material to be removed during the renewal period and upon furnishing such additional bond or security in an amount approved by the Board of Trustees 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 renewed permit.
Before the issuance of a permit, the applicant and the owner of record of the premises shall execute and file with the Village Clerk a surety company bond in the amount equal to the estimated cost of rehabilitation as determined under this chapter, but in no event less than $20,000, approved by the Village Attorney as to form and sufficiency and 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 upon compliance with the other regulations contained in this chapter and to indemnify the Village of North Hills for any damage to Village 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 to the surety, and upon failure by the permittee or surety 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.
Said bond shall remain in full force and effect until released, or until the original amount thereof is reduced, by the Board of Trustees upon issuance of a certificate of completion or of partial completion by the Village Code Enforcement Officer, 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 on forms to be furnished by the Village Code Enforcement Officer, and shall be accompanied by a map drawn to a scale of one inch equals 50 feet showing the affected property, giving elevations thereof at two-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 the ground required to be respread with topsoil by § 124-5 hereof, 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.
In lieu of such bond, a cash deposit may be made with the Village Clerk, subject to the approvals, conditions and forfeitures specified hereinabove in the case of a bond.
If the Board of Trustees 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, the Board of Trustees may waive the filing of the engineer's estimate, plan of rehabilitation and topographic survey on the application for permit as required by § 124-4A(6) and (7) of this chapter, and the bond or cash deposit under § 124-7 of this chapter. Any request for such waiver shall be filed with the Village Clerk, who shall notify the Code Enforcement Officer of such request. The Code Enforcement Officer shall thereafter submit a written report and recommendation to the Village Clerk, who shall submit the request with the report and recommendation to the Board of Trustees.
Before a permit shall be issued or renewed for the following, the applicant shall pay to the Village Clerk a fee as set forth in Chapter 130, Fees.
Sand bank and pit excavations. Excavated quantities shall be verified at the end of each permit year by actual field survey cross sections furnished by the applicant in accordance with this chapter and the requirements of the Code Enforcement Officer.
Topsoil removal. Such topsoil removal permit fee shall be for a period of one year and a similar fee shall be paid upon the renewal of said permit upon the basis of the charge herein set forth.
No permit authorizing operations regulated by this chapter shall be issued for the first time under this chapter until after a public hearing held by the Board of Trustees in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. 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. Notice of the time and place of such hearing shall be published in the official newspaper at least two weeks before any such hearing, and a written notice of any application for a permit shall be mailed by the applicant to the owners of record of properties within 200 feet of the outside boundaries of the premises within which operations regulated by this law are proposed to be performed. The applicant shall furnish to the Village Clerk due proofs of such record ownership and service of notice at least 24 hours prior to such public hearing.
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation, punishable as provided in § 1-12 of this Code. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation. In addition, the Village shall have any other civil remedy provided by law, including the right to civil injunctive relief.