[HISTORY: Adopted by the Board of Trustees of the Village of North
Haven 8-21-1967 by Ord. No. 13. Amendments
noted where applicable.]
A.
It is hereby declared to be the policy of the Village
Board of Trustees of the Village of North Haven to regulate the manner of
construction on, removal of earth products from, filling up, draining, grading,
clearing, operating and using any lands or other premises for sand and gravel
pits, marl pits or for other excavation, dredging and filling purposes and
the operation and use of any lands or premises for any of said purposes so
as to protect the health, safety and general welfare of the people of the
Village of North Haven.
B.
These regulations and controls are intended to prevent
the creation of the following conditions:
(1)
The interruption and diversion of natural watersheds
and drainage lines resulting in inadequate and improper surface water drainage.
(2)
The erosion of soil by water and wind or the creation
of flood areas.
(3)
The decrease in or destruction of fertility of the land,
including the productive wetland areas essential to marine life, as recommended
by the New York State Conservation Department.
(4)
The removal of the lateral support of abutting streets,
land and premises.
(5)
The creation of dust storms and mosquito-breeding places.
(6)
The creation of dangerous banks, depressions or pits.
(7)
The interruption of suitable access roads to other lands
and the disruption of the future road pattern.
(8)
The rendering of lands unfit or unsuitable for their
most appropriate uses.
(9)
The depreciation of property values.
(10)
The creation of wastelands and ugly areas that would
lessen the attractiveness of the Village of North Haven.
(11)
Operations which do not conform to acceptable engineering
and construction standards or would present a menace to public safety during
or after construction.
(12)
Pollution of groundwater as well as of harbors, creeks,
sounds, bays, coves, inlets, canals, lakes and ponds.
The short title for this chapter shall be the "Excavation, Filling and
Conservation Ordinance of the Village of North Haven."
As used in this chapter, the following terms shall have the meanings
indicated:
Include such material as marl, sand, spoil from dredging, gravel,
stone, humus, topsoil and other materials.
Any hole, pit, sidehill cut, canal, channel, lake, pond or similar
condition or operation, and shall include such conditions or operations should
they exist or be proposed in wetlands or areas under water.
A.
The following operations and excavations for the following
purposes are excluded from the coverage of this chapter:
(1)
House foundations and cesspools.
(3)
Regrading or filling an individual building lot not in
excess of 80,000 square feet incidental to the erection of a single residential
structure. For individual building lots in excess of 80,000 square feet, a
permit shall be obtained from the Board of Trustees, which may waive all or
part of the permit fee, at its discretion.
(4)
Grading or filling in subdivisions under Planning Board
control.
(5)
Recharge basins and leaching basins and other drainage
structures in subdivisions under Planning Board control.
B.
The following operations and excavations are included
in the coverage of this chapter:
Before any operation or excavation covered by this chapter is commenced,
the owner, agent of the owner or lessee of the owner shall obtain a permit
therefor from the Village Board of Trustees.
A.
The permit application shall be filed with the Village
Clerk in duplicate and signed by the owner or occupant of the premises and
shall be on forms provided by the Village Board of Trustees.
B.
Attached to the permit application shall be the following:
(1)
A survey map of the premises involved showing the extent,
as well as a detailed statement, of the proposed operation.
(2)
A topographic survey of the premises prepared by a duly
licensed engineer or land surveyor of the State of New York.
(3)
A detailed statement of the rehabilitation and proposed
condition of the premises after the work is completed, including a survey
if required.
(4)
Such other maps, test borings and other data that the
Village Engineer may require.
A.
A fee of $100, except as covered by § 70-4A(3), shall accompany each permit application and shall not be refundable.
B.
Any cost exceeding $100 for consultation fees or other
expenses in connection with the review of the application shall be charged
to the applicant.
[Added 8-4-1986 by L.L. No. 7-1986]
A.
Within 30 days after the receipt of the permit application,
the Village Board of Trustees shall hold a public hearing on such application.
When the application involves dredging or filling in town waters, the Village
Board of Trustees reserves the right to require proof of permission by the
Trustees of the Freeholders in Commonalty of the Town of Southampton. The
Village Board of Trustees may deny a permit if it finds that such operation
will:
(1)
Create or increase erosion of soil by water or wind.
(2)
Create a floodplain area or increase the danger to public
safety in such an area.
(3)
Decrease or destroy the fertility of the land, specifically,
but not limited to, the productive wetland areas in the Village.
(4)
Cause or lead to the pollution or diversion of groundwater,
harbors, creeks, sounds, bays, coves, inlets, canals, lakes and ponds.
B.
Such hearing shall be held on at least 10 days' notice
to be published once in the official publication of the Village.
C.
Within 90 days after such hearing, upon the meeting of
all requirements set forth in this chapter by the applicant, including posting
of a satisfactory performance bond, the Village Board of Trustees shall issue
the permit to the applicant.
A.
Each permit issued by the Village Board of Trustees shall
specifically relate to and be conditioned on the plans submitted to the Village
Board of Trustees by the applicant and approved by the Village Board of Trustees
after consultation with the Village Engineer.
B.
The permit shall expire one year from the date of issuance
except in operations such as grading, dredging and filling, where in such
cases the Village Board of Trustees may issue permits which shall expire in
a shorter period of time. There shall be periodic inspections and reviews
by the Village Board of Trustees.
C.
Violations of the terms of the permit noted upon such
inspection and review shall be reported to the permittee in writing. The permittee
shall be given 60 days to correct the violations. Upon failure to do so, the
Village Board of Trustees shall revoke the permit.
A.
Setback requirements.
(1)
No excavation shall be located within 20 feet of any
property line.
(2)
No excavation shall be allowed below Elevation 13 within 500 feet of any shoreline of any harbor, bay or sound. The Village Board of Trustees may waive this provision for operations consisting essentially of dredging and filling, provided that the operation in no way creates the conditions listed in § 70-8.
(3)
The setback area is not to be used for the storage of
any products or waste.
C.
Fencing may be required, depending on the circumstance
of the operation and excavation, for safety purposes and/or for screening
purposes.
D.
The proposed operation will not interfere with surface
water drainage nor endanger any street, road or highway.
E.
No excavation shall be made to a depth which after the
expiration of the permit cannot be leveled to provide adequate drainage over
contiguous land or allow a pool or water to accumulate except
where it is shown in the original plans accompanying the application permit
and is approved by the Village Board of Trustees.
F.
Except where actual work is being done, slopes in no
case can have a greater pitch than one vertical on two horizontal. The Village
Board of Trustees may waive this requirement in dredging operations, provided
that bulkheading approved and as specified by the Village Engineer is included
in the application for permit.
G.
The maximum depth of each excavation shall be determined
by the Village Board of Trustees so as to permit a feasible rehabilitation
and reclamation of the land after the operation ceases.
H.
The plan must show a reasonable scheme for rehabilitation
of the premises so that it will not become a desert or wasteland following
the completion of the operations.
I.
All slopes shall be excavated and maintained, during
operation, at safe angles of repose to prevent erosion thereof or erosion
or collapse of upper grade surfaces above such slopes.
A.
Unless the excavation is to be immediately refilled with
clean fill, the property shall be finish graded with appropriate slopes to
the level of the adjacent properties and abutting streets and roads.
B.
The finished grade shall form an appropriate part of
the natural drainage area or some positive drainage system.
C.
In large operations, that part of the excavation where
work has been finished shall be graded appropriately, even though work continues
in another area.
D.
All finished graded areas shall be prepared into loose,
level seed beds, limed and fertilized and seeded in the following steps:
(1)
Apply M52 agricultural limestone at the rate of 1/2 ton
per acre.
(2)
Apply M54 Type 3 fertilizer at the rate of 150 pounds
nitrogen per acre.
(3)
Disc the area to work the limestone and fertilizer into
the soil to a depth of at least three inches.
(4)
Smooth the area with a smoothing harrow.
(5)
Sow the following seed mixture at the rate of 75 pounds
per acre:
|
Grass Type
|
Portion of Mixture
(pounds per acre)
| |
|
Red fescue
|
30
| |
|
Kentucky 31 fescue
|
25
| |
|
Redtop
|
10
| |
|
Common rye
|
10
|
(6)
Brush in seed lightly.
(7)
Roll firm with ground roller.
(8)
Planting seasons: March 15 to May 1 and August 15 to
October 1.
A.
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 approved by the Village Board of Trustees 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 areas covered by the permit and for compliance with other conditions
contained in the permit covering the operation.
B.
The bond shall cover the work to be done in the term
of the permit.
C.
If a renewal of the permit is applied for, the Village
Board of Trustees shall redetermine the amount of performance bond required
for the renewal period.
D.
The amount of said performance bond shall be fixed by
the Village Board of Trustees.
E.
The bond shall be forfeited upon failure to cure any
default after 60 days' written notice, mailed to the owner or operator at
the address shown on the permit application.
Excavations in operation at the time when this chapter becomes effective
may continue, except that the owner or operator shall, within 15 days of the
effective date of this chapter, apply for a permit in accordance with the
provisions of this chapter. In passing upon such applications with reference
to existing excavations, the Village Board of Trustees shall have the power
to vary or modify any of the regulations or provisions of this chapter to
the end that the spirit of the chapter shall be observed, public safety and
welfare secured and substantial justice done.
Upon the completion of the rehabilitation of any excavation or operation
in accordance with an approved permit, the owner or operator may apply to
the Village Board of Trustees, which, if satisfied that the requirements of
this chapter and the permit have been met, will issue a certificate of completion,
and the performance bond shall be released.
[Amended 8-4-1986 by L.L. No. 7-1986]
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each week the offense is continued, a separate and distinct
offense hereunder.
