No sandpit or gravel pit shall be operated and maintained, and no topsoil shall be removed from any premises, and no land or other premises shall be used for any excavation or for the removal of sand, gravel, stone, topsoil or other minerals therefrom, except where a currently effective special use permit shall have been issued by the Zoning Board of Appeals in conformance with the requirements of this article or where such operation is listed as exemption in § 198-79. The Zoning Board of Appeals shall in no case issue any such permit for land in any district other than a General Industry District.
The following operations involving the excavation,
removal or moving of sand, gravel, stone, topsoil or other minerals
on or from any land or other premises are exempted from the requirements
of this article:
A.
Operations conducted on premises owned or leased by
the Town of Huntington or the State of New York.
B.
Operations incident to the construction of a street,
sidewalk or driveway, provided that topsoil shall not be removed from
the premises.
C.
Operations incident to the construction of a stormwater
basin, recharge basin or drainage sump, provided that:
(1)
Topsoil shall not be removed from the premises.
D.
BUILDING
FARMING
LANDSCAPING
The moving of topsoil or other earth from one part
to another of a premises where incident to building, farming or landscaping.
For the purpose of this subsection, the following terms shall have
the meanings indicated:
[Amended 2-3-1970 by Ord. No. 70-ZC-6]
The necessary excavation that does not substantially affect
the topography and contour of the land that is incident to the erection
of a building.
The necessary removal of vegetation incidental to the harvesting
and planting of crops that does not affect the topography and contour
of the land.
The planting or removing of trees, shrubs, bushes, grass
or other vegetation that does not substantially affect the topography
and contour of the land.
E.
Removal of excess topsoil or other earth from any
area shown on a plot which is subject to the jurisdiction of the Planning
Board, when authorized by special order in writing issued by authority
of such Board, on receipt of a certification of excess yardage from
a registered engineer or land surveyor and a written verification
from the Department of Engineering Services.
[Amended 7-13-2021 by L.L. No. 35-2021]
F.
Removal of topsoil or other earth where incident to
the business of operating a nursery or sod farm.
G.
Removal of earth, exclusive of topsoil, where incident
to the construction or erection of a building.
(1)
This exemption shall not apply:
(a)
To nonresidential construction otherwise subject
to the jurisdiction of the Planning Board.
(b)
Where any portion of the material to be removed
is more than five (5) feet above the grade of abutting streets or
highways.
(c)
Where rehabilitation of the premises is necessary
for the protection of adjacent property.
(2)
In cases involving removal of material more than five (5) feet above the grade of abutting streets incident to residential construction on premises not subject to subdivision requirements, no building permit shall be issued unless the Planning Board shall find that the provisions of § 198-81 will be substantially complied with.
H.
Removal of and piling of earth incident to the installation,
enlargement or repair of a cesspool, septic tank, dry well or swimming
pool, provided that a fence or suitable barrier not less than four
(4) feet in height shall be erected around the area of such excavation
if the area is unguarded.[2]
[Amended 2-3-1970 by Ord. No. 70-ZC-6]
[Amended 2-6-1979 by Ord. No. 79-ZC-91; 7-13-2021 by L.L. No. 35-2021]
A.
Before any excavation for which a special use permit
is required shall be commenced, an application shall be submitted
to the Director of Engineering Services on a form prescribed by him.
Site plans and statements shall accompany such application as follows:
(1)
A detailed statement of the proposed operation.
(2)
A plan of the premises or site, prepared by an engineer
or land surveyor currently licensed by the State of New York, drawn
to scale and showing:
(a)
A boundary survey.
(b)
The area or areas proposed for excavation or
topsoil removal.
(c)
Condition of the premises before operations
are commenced.
(d)
Proposed condition of the premises after work
is completed.
(e)
Streets which adjoin or lie within two hundred
(200) feet of the property.
(f)
Location, size and use of existing buildings
on the premises.
(3)
A topographic survey of the premises showing contours
at ten-foot intervals, based on Coast and Geodetic Survey datum and
prepared by an engineer or land surveyor currently licensed by the
State of New York. In cases where the Director of Engineering Services
shall determine that adequate findings cannot be made with ten-foot
contours, he shall specify more precise contour data, not to exceed
two-foot intervals.
(4)
A duly acknowledged consent for the proposed operation,
executed by the owner of the premises and mortgagee, if any, including
the addresses of such parties.
(5)
Certification that all taxes and assessments against
the property described in the application have been paid, in the form
of receipted tax bills or photostatic copies thereof or a letter signed
by the Receiver of Taxes of the Town or by the Suffolk County Treasurer
or by a title insurance company licensed to do business in Suffolk
County.
(6)
The names and addresses of all owners of record of
property within two hundred (200) feet of the exterior boundaries
of the premises described in the application, except that where all
contiguous properties are owned by the applicant, such lists shall
be the names and addresses of all owners of record within two hundred
(200) feet of the exterior boundary of all contiguous property owned
or controlled by the owner or applicant.
(7)
A proposed comprehensive plan for the rehabilitation
of the premises, together with a schedule of progress therefor. Such
plan shall indicate the proposed final grades and contours to be established
at the completion of the operation and shall describe the areas to
be refilled, topsoiled and seeded and shall specify the amount and
extent of rehabilitation to be completed before December 31 of the
year for which a permit or renewal of permit is requested.
(8)
An estimate of the total number of cubic yards of
material to be removed from the premises during the period for which
a permit or renewal thereof is requested. Such estimate shall be prepared
by an engineer or land surveyor currently licensed by the State of
New York and shall be verified by the Department of Engineering Services.
(9)
An application for a permit for a sod farm shall include a plan of the area to be used for the purpose, showing existing conditions and buildings and adjacent streets, and statements describing the proposed farming operation and the condition of the property after the operation is completed. In addition, only the information described in Subsection A(4) and (6) above of this section shall be required.
B.
The Director of Engineering Services shall review
the application and supporting plans and engineering information and
shall transmit such application to the Board of Appeals within thirty
(30) days of the time that all required information is received in
correct form.
The Board of Appeals may, after public hearing,
authorize the issuance of a special use permit or a use regulated
by this article. Such authorization shall not be granted unless all
applicable provisions of this chapter have been met and unless the
Board shall find that:
A.
The proposed operation will not interfere with the
surface water drainage of the area nor endanger any street, road or
highway.
B.
The plan is adapted to the location and terrain in
such a way that rehabilitation can be accomplished, and the area will
not become desert or wasteland on completion of the operation.
C.
The circumstances of location and terrain are such
that the premises will not constitute an attractive nuisance or threat
to the safety of children.
D.
The use will not cause undue traffic hazards.
E.
The use will not cause undue vibration, noise or windblown
dust or sand.
F.
The use will not change the established character
of the neighborhood nor depress the value of property in the neighborhood.
The Board of Appeals may impose any appropriate
conditions and safeguards to assure that the intent and purpose of
this chapter have been met, and shall require compliance with the
following regulations as a condition of the issuance of an original
permit and its continuing validity and of the validity of any renewal
of the permit:
A.
Rehabilitation of the premises, when a rehabilitation
plan has not been waived, on finding by the Board that such is necessary
to further the intent and purpose of this chapter, shall be in accordance
with a plan approved by the Board of Appeals and filed with the Director
of Engineering Services, and a schedule of progress which requires
partial rehabilitation in stages over the total time that the operation
is conducted may be established by the Board. The rehabilitation plan
need not show any delineation of streets.
[Amended 2-6-1979 by Ord. No. 79-ZC-91; 7-13-2021 by L.L. No. 35-2021]
B.
Barriers of chain link or cyclone fencing, or the
equivalent, shall be required on finding that such protection is necessary
for the public safety. The Board of Appeals shall consider the particular
circumstances of terrain and location in relation to the need for
fencing and shall specify height of fences and location and number
of gates.
C.
Bank and pit excavations shall not extend into, and
topsoil shall not be stripped from, the area within twenty (20) feet
of an exterior property line, except where incident to a cellar excavation.
A bank excavation which does not extend below the grade of an adjoining
street may begin at the street line.
D.
All excavated slopes shall be maintained at all times
at safe angles of repose so as to prevent lateral displacement of
adjoining properties and to prevent erosion or collapse of the slopes
or upper grade surfaces above. Final slopes shall not be inclined
steeper than one (1) foot vertical on one and one-half (1 1/2)
feet horizontal, and all slopes shall be protected against erosion
by the installation of proper drainage ditches or berms back of the
lip or edge thereof.
E.
Dust-down or a similar dust layer shall be spread
on access roads and other traveled areas to protect the public and
surrounding countryside from windblown sand and dust.
F.
Topsoil shall not be removed from the premises until
rehabilitation of the site has been completed. Any topsoil in excess
of that required to allow a cover of at least six (6) inches over
areas to be rehabilitated may be removed after the completion of rehabilitation.
The requirements of this subsection shall not apply to an approved
sod farming operation.
G.
Upon completion of any operation, the excavation area
shall be refilled and graded to a reasonable level as specified in
the approved rehabilitation plan, and all material used as fill shall
be free from garbage, refuse, offal or other combustible or deleterious
material.
H.
Topsoil shall be respread in a uniform layer not less
than six (6) inches deep over the land from which material has been
removed, excepting areas laid out as streets and areas to be occupied
by parking lots or buildings.
I.
All areas on which topsoil has been spread shall be
prepared and seeded with grass or shall be covered with other plant
material as specified in the approved rehabilitation plan.
(A)
The Board of Appeals shall hold a public hearing prior
to authorizing the issuance of any original special use permit for
a use regulated by this article, but such hearing need not be held
on renewals of permits previously issued, provided that the area covered
does not extend beyond the area of operation previously approved.
(B)
At least twenty (20) days' notice of the time and place of public hearing shall be published in the official Town newspaper, and notice of the application for a special use permit shall be mailed to all owners whose names and addresses are set forth in the list submitted pursuant to § 198-80A(6) of this article.
[Amended 2-6-1979 by Ord. No. 79-ZC-91]
(C)
Notice of the public hearing shall be mailed to the
Director of Engineering Services at least fifteen (15) days prior
thereto, and he shall investigate the facts and circumstances of drainage,
effect upon streets and roads and the need for rehabilitation incident
to the proposed operation. The Director shall submit an advisory report
in writing, which may be made public at the discretion of the Board
of Appeals, but the content of such report or failure to submit shall
not restrain the Board from acting upon the application.
[Amended 2-6-1979 by Ord. No. 79-ZC-91; 7-13-2021 by L.L. No. 35-2021]
[Amended 5-2-1972 by Ord.
No. 72-ZC-31l; 8-11-2015 by L.L. No. 33-2015]
(A)
A special use permit or renewals thereof may be issued for a period
not exceeding one year, provided that successive renewals shall be
based on submission of information required in § 198-80(A)(7)
and (8), payment of fees based on material to be removed and furnishing
any additional bond or security sufficient to ensure compliance with
these regulations during the renewal period.
(B)
Before any permit is issued, the applicant shall pay to the Clerk
of the Zoning Board the sum of $25 for a permit for sod farming or
for any other operation where a rehabilitation plan has been waived,
and in all other cases an excess material fee in the amount established
in the Subdivision and Site Plan Regulations per cubic yard of material
to be removed during the period covered by the permit or renewal thereof.
Regardless of amount of material to be removed, the yardage fee shall
not be less than $100.
A.
Before the issuance of a permit, the applicant and
the owner of record of the premises shall execute and file with the
Town Clerk a surety company bond approved by the Town Board 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 of the area covered by the permit and upon compliance
with the other regulations contained in this article, and to indemnify
the Town of Huntington and/or the Superintendent of Highways for any
damage to Town 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 things required to be performed by
this article, such bond shall be forfeit upon written notice of such
default or failure being mailed by registered mail to the permittee
at the address stated in the application and upon failure by the permittee
to cure such default within sixty (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
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
article.
B.
Said bond shall remain in full force and effect until
released or until the original amount thereof is reduced by the Town
Board upon issuance of a certificate of completion or of partial completion
by the Town Engineer, certifying that all provisions of this article
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 Town Engineer and shall
be accompanied by a map drawn to a scale showing the affected property,
giving elevations thereof at ten-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 ground required to be spread with
topsoil and that such area has been seeded in compliance with this
article and that the other conditions of the approved plan of rehabilitation
have been fulfilled.
C.
In lieu of such bond, a cash deposit or deposit of
negotiable securities may be made with the Supervisor, subject to
the approvals, conditions and forfeitures specified herein in the
case of a bond.
