[HISTORY: Adopted by the Town Board of the Town of Babylon: Art.
I, 4-22-1969; Art. II, 12-9-1969, amended
in its entirety 5-11-1993 by L.L. No. 4-1993.
Subsequent amendments noted where applicable.]
[Adopted 4-22-1969]
A.
When it shall come to the attention of the Town Board
that real property within the Town has been excavated and such excavation
remains unfilled and that such excavation may constitute a hazard to the public
safety, the Town Board may proceed in the following manner:
(1)
The Town Board, by resolution adopted at any meeting,
shall fix the time and place of a hearing to determine if such hazard exists.
(2)
Notice thereof shall be published once in a newspaper
having general circulation in the Town not less than 10 days prior to the
hearing.
(3)
Notice by mail shall be sent to the owner of record of
the affected property at the address shown on the last preceding assessment
roll not less than 10 days prior to the hearing.
B.
Said notices shall generally state the purpose of the
hearing and the location of the affected property.
[Amended 9-7-1994 by L.L. No. 26-1994]
If, after such hearing, the existence of such lands and property are
deemed by the Town Board to constitute a hazard to the public safety, the
Chief Building Inspector shall be directed to give notice, by registered mail,
to the owner of record of the property at the address shown on the last preceding
assessment roll, stating that such lands and property are deemed to be a hazard
to the public safety and directing the owner to fill such lands. The notice
shall state the location of the property and shall further state that if the
lands are not filled by or at the direction of the property owner within 30
days, the Commissioner of the Department of Public Works will fill the lands
and assess the costs against such lands in the manner provided for the levy
and collection of other taxes assessed against such lands.
[Amended 9-7-1994 by L.L. No. 26-1994]
If, after 30 days from the date the notice is sent to the owner of record,
such lands have not been filled, the Commissioner of the Department of Public
Works shall proceed to fill such lands using such means and incurring such
expense as shall be necessary to expeditiously remove the hazard.
The cost of filling such lands shall be assessed against such lands
in the following manner:
A.
The Commissioner of the Department of Public Works shall
serve, personally or by mail, upon such owner a written notice stating that
at a time and place specified therein he will assess the cost of filling such
lands against the owner neglecting to perform such duty. Such notice shall
be served at least eight days previous to the time specified therein. If directed
against a company, it may be served upon it at its principal place of business
or upon an agent of the company within the Town.
[Amended 9-7-1994 by L.L. No. 26-1994]
B.
At the time and place so specified, he shall hear the
parties interested and shall thereupon complete the assessment, stating therein
the name of each owner and the amount assessed against him or it, and shall
return such assessment to the Town Clerk, who shall present the same to the
Town Board.
C.
The Town Board shall certify such assessment to the County
Board of Supervisors of Suffolk County, who shall cause the amount stated
therein to be levied against such owner, and any uncollected tax shall be
a lien upon the land affected.
D.
The amount so levied shall be collected in the same manner
as other taxes levied by such Board and shall be paid to the Supervisor of
the Town of Babylon to be applied in reimbursing the fund from which such
cost was defrayed.
[1]
Editor's Note: The provisions of this article are derived from
Ch. 12 1/2 of the 1969 Unified Code of Ordinances of the Town of Babylon.
It is hereby declared to be the policy of the Town to provide for the
proper use of land to prevent all excavations which create pits, holes or
lakes in the earth and leave it in a hazardous or dangerous condition or state;
or cause soil erosion which depletes the land of its natural vegetative cover
and supply of organic materials; or render such land and surrounding territory
unproductive and unsuitable for agricultural, residential, industrial and
other purposes resulting in lower land values and adversely affecting the
Town tax structure. By this article, the Town Board seeks to remove the danger
to health, life, safety and welfare caused by pits, holes or lakes remaining
in the ground and the stripping of topsoil which results in damage to agricultural
crops through dust storms, in dry weather by exposure of the bare earth to
wind action and in wet periods by ponds of water, which article will promote
the safety, health and general welfare of the people of the Town and preserve
land values and the Town tax structure.
No excavation or part or extension thereof for purposes other than the construction of a wall, railroad, driveway, sidewalk, building or part thereof, farming or public use or as permitted by § 117-16 of this article and otherwise permitted by law shall be commenced or shall be continued, except in conformity with the provisions of this article.
A.
Excavations for the purpose of mining sand, gravel and
other minerals shall be allowed as a permissive use by the Board of Appeals,
subject to conditions, restrictions and safeguards as may be imposed by the
Board of Appeals. Mining shall be defined as any alteration of the surface
or subsurface of land by any activity that removes, deposits or disturbs rock,
gravel, sand, silt, soil or any other geologic deposits.
B.
Before approving such use, the Board of Appeals shall
determine the following:
(1)
No residential zone shall be within 1,000 feet of the
site.
(2)
No school, church, park or similar place of public assembly
shall be within 1,000 feet of the site.
(3)
The applicant shall have applied to the New York State
Department of Environmental Conservation for a mining permit pursuant to Environmental
Conservation Law Article 23.
A.
Before the excavation or removal of any nonvegetative earth products, other than for the construction of a wall, railroad, driveway, sidewalk, commercial or residential building or part thereof, farming or public use or as permitted by § 117-15 of this article, the owner, lessee, his agent or contractor shall obtain a permit therefor from the Town Board for such excavation and/or removal. Application permits or extensions thereof shall be made to the Commissioner of Planning and Development in duplicate, duly verified, on forms provided by the Town and must be accompanied by the following:
(1)
A plot drawn to scale, prepared by a duly licensed engineer
or land surveyor of the State of New York, setting forth the location and
dimensions of the property which it is proposed to excavate; the location,
size and use of any existing structures thereon; all Town-accepted highways
contiguous to the property to be excavated; cross sections of the property
with elevations thereof at intervals of one-hundred-foot squares and also
at each break in the grades, showing the elevation or depression of the premises,
as the case may be, as compared to the grade of all abutting Town accepted
highways or contiguous properties, as the case may be.
(2)
A duly acknowledged consent, in writing, of the owner
of the premises and the mortgagee, if any, including his or their addresses.
(3)
The Town and the applicant shall jointly take samples
of the surface soil on the affected area to determine the character and quality
of the soil to be replaced. The cost of such sampling is to be paid by the
applicant.
(4)
A mining permit issued by the Department of Environmental
Conservation pursuant to Environmental Conservation Law Article 23.
B.
Before the Town Board shall issue such permit, the Town
Board shall find that:
(1)
Such use is reasonable, necessary and will be in harmony
with and promote the general interests and welfare of the surrounding community.
(2)
The neighborhood character and surrounding property values
are reasonably safeguarded.
(3)
The proposed use will not prevent the orderly and reasonable
use of adjacent property.
(4)
The site is particularly suitable for the location of
such use in the community.
(5)
The access facilities are adequate for the estimated
traffic from public streets, so as to ensure the public safety and to avoid
traffic congestion.
(6)
The proposed use will not pose risks to the public health
or safety.
(7)
Adequate buffer yards and screening can be provided to
protect adjacent properties and land uses from possible detrimental impacts
of the proposed use.
(8)
Adequate provision can and will be made for the collection
and disposal of stormwater runoff, sewage, refuse and other liquid, solid
or gaseous waste which the proposed use will generate.
(9)
The natural characteristics of the site are such that
the proposed use may be introduced there without undue disturbance or destruction
of important natural features, systems or processes and without significant
negative impact to groundwater and surface water on and off the site.
(10)
The lot area is sufficient, appropriate and adequate
for the use, as well as reasonable anticipated operation expansion thereof.
(11)
The proposed use can and will comply with all provisions
of this article and of the Code which are applicable to it and can meet every
other applicable federal, state, county and local law, ordinance, rule or
regulation.
(12)
The proposed use will not result in unacceptable levels
of noise, vibration, smoke, dust, odor, fumes or noxious gases, nor negatively
impact upon air quality.
Permits hereunder shall expire by limitation one year from the date
of issuance, unless extended from year to year by the Commissioner of Planning
and Development with consent of the Town Board, and in no case shall any permit
be extended for more than three years from the date of the original issuance
of such permit, unless extended by the Town Board. No permit shall be issued
for an area exceeding 10 acres. No permits for new areas shall be issued to
a permittee who has failed to secure a certificate of completion for any permitted
area, as provided in this article. A permittee may have only one permit in
force at the same time for the same property.
[Amended 9-7-1994 by L.L. No. 26-1994]
Before issuance of a permit hereunder, the owner, contractor, lessee
or applicant shall execute and file with the Town Clerk a bond, cash or its
equivalent, said bond to be approved by the Town Board as to form, sufficiency
and manner of execution. Said bond shall be conditioned for the faithful performance
of the conditions contained in this article and in addition shall indemnify
the Town and the Commissioner of the Department of Public Works for all damage
to Town property. Said bond shall remain in force and effect until a certificate
of completion has been issued by the Town as provided in this article. The
bond shall, in case of areas of 10,000 square feet or less, be in the amount
of $5,000. For areas exceeding 10,000 square feet, the minimum bond of $5,000
shall be increased at the rate of $1,000 for each additional 10,000 square
feet or part thereof.
[Amended 4-9-1996 by L.L. No. 6-1996]
The Commissioner of Planning and Development shall charge as a permit
fee for each permit issued pursuant to this article in such amount as shall
be established from time to time by Town Board resolution.
A.
Required. Each permittee hereunder must secure a certificate of completion prior to the expiration of his permit and extension or extensions thereof, if any, unless the time to secure such certificate is extended by the Town Board upon good and sufficient cause shown. Application for such certificate shall be made in duplicate, duly verified, to the Commissioner of Planning and Development by the owner, contractor, permittee or lessee or agent, upon forms provided by the Town, and in cases of excavations and/or removal under §§ 117-13 and 117-14 of this article shall be accompanied by a cross section of the affected area, giving elevations thereof as provided in § 117-8A of this article, prepared by a duly licensed engineer or land surveyor of the State of New York, after completion of the operations.
B.
Issuance. The Commissioner of Planning and Development shall issue such certificate where it appears by good and sufficient proof that the property, upon completion of excavation and/or removal operations, is in the state or condition required by the provision of § 117-13 or has been put in the state or condition with respect to refilling, surfacing and seeding as required by the provision of § 117-15 of this article, whichever section shall be applicable.
No stripping or removal of topsoil shall be made within 10 feet of any
property line. Upon completion of stripping or removal of topsoil, there shall
be left remaining upon the surface of the land from which topsoil is removed
or stripped not less than four inches of topsoil. Dust down or its equivalent
shall be spread to prevent dust from flying. The affected areas shall be seeded
to ensure fast growing vegetation.
No excavation for the removal of nonvegetative earth products, except as stated in § 117-13, shall be made at any times within 20 feet of any property line or Town-accepted highway. Adequate barriers surrounding the affected area shall be erected and maintained upon the approval of the Building Inspector. Adequate provision shall be made for the prevention of flying dust by sprinkling, spreading of dust down or its equivalent.
A.
Upon completion of excavation operations, the affected
area shall be refilled with clean, nonburnable material containing no garbage,
refuse or offal or other unwholesome matter. The area abutting upon all Town-accepted
highways shall be refilled so that the same shall be no lower than the level
of such abutting highway for a distance back of 150 feet. The remaining area
shall be refilled so that the same shall be no lower than 5 1/2 feet
below the lowest point of the Town-accepted highway upon which property fronts,
or if the property does not front upon any highway, then below the lowest
point of the nearest Town-accepted highway. The remaining area shall be sloped
up to meet all areas abutting upon the Town-accepted highway or adjoining
properties on a grade of one foot vertical to two feet horizontal or flatter.
In no case shall the lowest point of the affected area be less than four feet
above the underground mean water table, except when necessary for recharging
basins as may be required by the New York State Water Power and Control Commission
or for proper drainage of the area.
B.
The affected area shall be surfaced with a minimum of
four inches of topsoil where four inches or more of topsoil existed prior
to such excavation, and in all other cases, the existing surface soil prior
to such excavation shall be preserved and replaced to a depth of four inches
or the affected area surfaced with an equivalent quantity of surface soil
of similar quality.
C.
The affected area in every case shall be seeded to ensure
fast-growing vegetation. Where the affected area or any part thereof is paved
or used for industrial purposes, the topsoil and seeding provisions shall
not apply to such area. In no case shall a permittee be required to refill
above a grade existing at the time of the issuance of the permit.
Nothing herein contained shall require a person to obtain a permit or
prevent him from removing topsoil from one part to another of the same premises
when such removal is necessary as an accessory use or is made for the purpose
of improving said property. The excavation and/or clearing of streets shall
not require a permit under this article and shall be considered as being performed
for public use.
The Commissioner of Planning and Development of the Town of Babylon
is hereby designated as the person to issue permits, extensions of permits
and certificates of completions for the same.
For any and every violation of the provisions of this article, the owner, lessee, agent or contractor of the premises where such violations have been committed or shall exist, and the lessee or tenant of the premises where such violation has been committed or shall exist, and the owner, agent, contractor or lessee or tenant of any part of the premises in which part of said violation has been committed or shall exist, and the agent, architect, engineer, surveyor, contractor or any other person who knows, permits, takes part or assists in any such violation or who maintains any premises in which any such violation shall exist shall be guilty of a violation punishable as provided in §§ 1-15 through 1-17. Each day's violation shall constitute a separate violation. Such fines or penalties shall be collected as like fines are now by law collected.
