[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 2-10-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
The Board of Trustees finds that it is in the interest of all of the
citizens of the Village of Westhampton Beach to control all manner of excavations
and mining processes, as a result of which pits or holes are created in the
land, with the risk of the maintenance of hazardous conditions and land areas
both undesirable for proper land use purposes and detrimental to land values
at the site and surrounding the site. The purpose of this chapter is to promote
the safety, health and general welfare of the people of the Village of Westhampton
Beach by establishing a permit, review and reclamation procedure for the operation
of any excavation or mining process within the Village. In so finding, and
with this chapter, the Village intends to reduce if not eliminate the existing
absence of governmental control of the subject activities which, if left unaddressed,
likely will result in adverse consequences for the community.
The following uses and activities are excepted from the application
of this chapter:
A.
Removals of earth materials essential to the construction
of a project which has received a building permit, including necessary excavation
and grading to the final contours on an approved site plan.
B.
Removals of earth materials incident to the installation
of municipal improvements or public utilities.
C.
Dredging within existing navigable waters.
D.
Construction of a sewage disposal system in accordance
with a permit of the Suffolk County Health Services Department.
As used in this chapter, the following terms shall have the meanings
indicated:
Temporary or permanent fences shall be erected and carefully maintained
so as to completely enclose all parts of any open excavation which has slopes
steeper than one vertical on two horizontal. Such fencing shall be at least
four feet high and have no openings through or under it exceeding four inches
vertical.
The removal of more than 100 tons of earth in any twelve-month period
from below the ground level, as it was at the beginning of the calendar year.
The maximum allowable steepness of any slope that shall occur during
or after excavation shall be 26º or a slope of one vertical on two horizontal.
Where the Building Inspector has determined that the operator maintains a
four-foot-high fence with no openings through or under it and with an appropriate
gate that is closed and secured when the operator is absent from the excavation,
slopes as steep as 37º or one vertical on 1 1/4 horizontal shall
be permitted.
The elevation below which no removals shall be made, to be two feet
above the theoretical high-ground water table, as estimated by an engineer
or land surveyor licensed to practice in New York.
The extraction or removal of more than 100 tons of earth from below ground level during 12 consecutive months, including any activities or processes or parts thereof, but excluding excavation or grading essential to the construction of a permitted project as excepted under § 85-2 hereinabove.
The conditioning of the affected land to make it suitable for any of the uses for which the subject site is zoned in Chapter 197, Zoning, of the Code of the Village of Westhampton Beach, including the application of not less than four inches of topsoil and the establishment of grass cover on all disturbed areas, except where planned development makes seeding undesirable.
The applicant's proposal for reclaiming the affected land, including a description of the proposed use for all affected land, the method of reclamation and a schedule for performing reclamation, as detailed in § 85-8 hereinbelow.
For renewal applications, an estimate by a duly licensed engineer
or surveyor of the State of New York, stating the cubic yards of earth material
excavated or removed during the period of the most recent permit based on
a detailed comparison of the required contour maps.
Prior to the commencement of any excavation or mining activity, the owner or lessee of the premises shall obtain a written permit therefor from the Board of Trustees of the Village of Westhampton Beach unless said excavation or mining activity is excepted from the provisions of this chapter pursuant to § 85-2 hereinabove. The owner or lessee shall file with the Village Clerk a verified application on forms to be supplied by the Village Clerk, which shall contain the detailed statement of the proposed work, together with plans and specifications as specified hereinbelow. Two classes of excavations are recognized for the purpose of filing application for a Village excavation permit:
A.
The required application for a Class A excavation permit
shall include, but not be limited to, a copy of the application and attachments
to the Department of Environmental Conservation of the State of New York pursuant
to Parts 420 through 426 of the Regulations of the Department of Environmental
Conservation pursuant to §§ 23-2703, 23-2705, 23-2721 and 8-0117
of the Environmental Conservation Law, together with:
(1)
A detailed statement of the condition of the plot or
premises before the proposed excavation is begun, including a survey of elevations
and a one-foot contour interval map of the site prepared by a land surveyor
licensed to practice in New York, together with an estimate of the cubic yards
to be excavated.
(2)
The elevations of all abutting properties to the extent
necessary to indicate the existing drainage conditions affecting the subject
property.
(3)
The purpose of the proposed excavation or mining and
anticipated duration thereof.
(4)
The impact of the proposed activities with respect to
air and water quality, dust and noise control, drainage and water control
and screening.
(5)
The proposed disposition of materials at the site, exclusive
of topsoil, sand and minerals, but inclusive of refuse, spoil, stockpiles,
personal property, hazardous substances, containers, scrap, equipment, temporary
fencing and the like.
(6)
A description of the proposed method for preventing all
forms of pollution, erosion, harmful drainage patterns and adverse consequences
of every kind upon the surrounding property owners and the residents of the
Village of Westhampton Beach.
(7)
A detailed statement of the provisions for the prevention
of any accumulations of water at the subject excavation or mining site.
(8)
A detailed description of all barriers, temporary and
otherwise, to be erected to prevent public access to any pits or holes or
steeply graded slopes.
(9)
A detailed statement of the slope maintenance measures
to be used, including proposed placement of retaining walls, where necessary.
(10)
A detailed statement of the measures to be taken by the
applicant in the course of excavation and mining activities so as not to undermine,
weaken or deprive of support other lands in the vicinity and so as not to
expose to possible pollution any underground water or watercourse.
(11)
A detailed statement of the procedure to be established
and maintained by the applicant so as to prevent any excavation or mining
activity within 50 feet of any property line and within 100 feet of any street.
(12)
A detailed description of any proposed use of dustdown
to be spread on access roads and traveled areas at the site to protect the
public and surrounding area against windblown sand and dust.
(14)
A copy of the New York State Department of Environmental
Conservation Notice of Complete Application for this site and year.
B.
The application for a permit submitted under §§ 85-4 and 85-5A hereinabove shall be accompanied by the following documents:
(1)
A duly acknowledged consent, in writing, of the owner
of the premises and mortgagees, if any, including his or their current addresses,
executed within 30 days preceding the date of filing for a permit hereunder.
(2)
Receipted realty tax statements from the Village of Westhampton
Beach or the Suffolk County Treasurer, whichever is applicable, evidencing
payment in full of all taxes to date relating to the subject premises.
(3)
An affidavit of service by certified mail, return receipt
requested, of a true copy of the application hereunder, together with all
attachments and exhibits within 10 days prior to the date of submission of
the application to the Village Clerk upon the foreman of the Village Department
of Public Works, the Chief of Police of the Village Police Department, the
Chief of the Village Fire Department, the Chairman of the Conservation Advisory
Council of the Village and the Chairman of the Planning Board of the Village.
(4)
A written report of a geologist or hydrologist or licensed
engineer of the State of New York, completed within 90 days prior to the date
of the submission of the subject application setting forth in exact detail
the existing and the theoretical maximum groundwater level at the subject
premises.
The required application for a Class B excavation permit shall include:
A.
A verified application on forms to be supplied by the
Village Clerk.
B.
A complete statement of the proposed work, including
final contours, purpose and duration of the project, disposition of the excavated
materials, maximum depth of the excavation, storm runoff water management,
necessary fencing and measures to protect adjoining property.
C.
A survey of elevations, property boundaries and principal
features and a detailed one-foot contour interval map of the site, all completed
within the last 90 days.
Upon receipt of the application in accordance with §§ 85-4, 85-5 and 85-6, the Village Board of Trustees shall have a period of 45 days within which to schedule a public hearing on the application, which then must be held within 75 days after the submission of the applications, and a decision shall be made by the Trustees within 90 days after the submission of the application. Any approval of a permit hereunder must be conditioned upon the simultaneous approval of a reclamation plan submitted under § 85-8 hereinbelow and the filing and execution of a reclamation bond under § 85-9 hereinbelow.
Each application must include the following data, which, consistent with the time limitations of § 85-6 hereinabove, shall be referred by the Village Board to the Planning Board and Conservation Advisory Council for their study and recommendations. In their study, the Board and Council may together require of the applicant additional data or information bearing upon and relating to the items hereinafter listed:
A.
A comprehensive plan for the rehabilitation of the entire area in which the applicant proposes to conduct operations, as well as areas for future excavation and those that remain unvegetated from past excavations. The plan of rehabilitation shall set final contours and slopes, measures to conserve topsoil and filling and compaction necessary to allow the practical use of the site for the principal uses for which the site is zoned under Chapter 197, Zoning. Basic reclamation shall include grading and slope treatment, disposal of refuse or soil, drainage and water control features and revegetation, proposals for the prevention of pollution, the protection of the environment, the protection and perpetuation of the highest value of surrounding property and the protection of the property, health, safety and general welfare of the people of the Village of Westhampton Beach.
B.
A specific time schedule for the commencement and conclusion
of all reclamation activities pursuant to the reclamation plan, including
revegetation, which schedule shall in all events be completed within one year
after the conclusion of permitted excavation or mining activities.
C.
An estimate prepared by a duly licensed engineer of the
State of New York of the anticipated cost for the completion of the reclamation
plan within the time schedule required under this chapter, as proposed by
the applicant and including an analysis of how said estimated cost was computed.
This requirement is applicable to Class A applications only.
A.
Prior to the issuance of a permit, the applicant and
the owner of the premises shall execute and file with the Village Clerk a
reclamation bond approved by the Village Board of Trustees in an amount to
be affixed by the Board of Trustees with a surety company as surety and conditioned
upon the faithful performance of the conditions contained in this chapter
and the observance of all other Village ordinances and local laws and to indemnify
the Village of Westhampton Beach for any damage to Village property and to
insure the reclaiming of the affected land in accordance with the reclamation
plan submitted to and approved by the Board of Trustees of the Village of
Westhampton Beach and to protect the Village against all claims, including
attorneys' fees, damages, costs and judgments arising from the performance
of said excavation or mining activities. In the event of a default, such bond
shall be forfeited to the Village of Westhampton Beach.
B.
In lieu of a bond as aforesaid, a cash deposit or deposit
of negotiable securities may be made with the Mayor of the Village of Westhampton
Beach subject to the approval of such alternate deposits by the Board of Trustees
of the Village of Westhampton Beach.
C.
If the principal defaults, the Village may thereupon
call the surety to complete the reclamation as provided for in the bond, but
the liability of the surety shall not exceed the amount of the bond.
D.
Any reclamation bond shall contain a provision that it
may not be canceled by the surety without at least 90 days' notice to the
Village of Westhampton Beach, and the failure of the permittee to provide
a valid replacement surety bond at least 30 days prior to the expiration of
the existing surety bond shall be considered a default by the principal and
shall permit a forfeiture of the bond to the Village of Westhampton Beach.
E.
For a Class A excavation permit application, the Trustees of the Village of Westhampton Beach may credit the value of the bond, held by the Department of Environmental Conservation to assure the full reclamation of the subject site, toward the bond requirement of the Village, provided that the current Mining and Reclamation Plan on file with the DEC satisfies all of the requirements of §§ 85-3, 85-4, 85-5 and 85-8 hereinabove, the Village is a named beneficiary of the bond and the bond meets all the above requirements.
[Amended 5-14-2001 by L.L.
No. 9-2001]
The filing fee for an excavation permit shall be fixed and established
from time to time by resolution of the Board of Trustees.[1]
For any and every violation of the provisions of this chapter,
the owner, general agent or contractor of a building or 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, general agent, contractor, lessee or tenant of any part of the premises
in which part said violation has been committed or shall exist; and the general
agent, architect, engineer, surveyor, building contractor or any other person
who knowingly permits, takes part in or assists in any such violation or who
maintains any premises in which any such violation shall exist shall be guilty
of an offense against this chapter, punishable by a fine of not more than
$100 per day. Each day's continued violation shall constitute a separate,
additional violation of this chapter. Such fines or penalties shall be collected
as fines are now by law collected. In addition to the foregoing, the Village
of Westhampton Beach shall be entitled to utilize all remedies against the
maintenance of any excavation or mining activity not permitted hereunder,
including the remedy of injunctive relief.
