Whereas the Board of Trustees of the Village of Lake Grove recognizes
that sand and gravel are valuable natural resources of property owners within
certain areas of the village and that in past years the excavation of sand
and gravel has proceeded in an unsatisfactory manner resulting in the elimination
of ground cover, natural vegetation and the degradation of slopes, radical
changes in stormwater runoff and other problems which, in all likelihood,
will lead to the permanent sterilization of property within the village; therefore,
the purpose and intent of this chapter is to restrict the removal of sand
and gravel to those instances where it is absolutely essential to remove said
raw materials from a site in connection with the residential, commercial or
industrial development of the premises, and further that the purpose and intent
of this chapter is to encourage development which utilizes existing slope
contours wherever possible so that drainage patterns and existing vegetation
will be subjected to the least disturbance as is practicable.
As used in this chapter, the following terms shall have the meanings
indicated:
MINING
The excavation, stripping or removal of sand, gravel, stone, topsoil
or other materials or other excavation purposes.
The mining operations covered hereunder shall not exceed a period of
one year from the date of issuance of the site plan approval or subdivision
approval. The Planning Board shall have the authority to grant one-year extensions
of permits for any operation, provided that the applicant can demonstrate
that the extension is necessitated by construction delays caused by acts of
nature or other catastrophic events outside of the applicant's control.
The applicant, prior to commencing said activities, must post a bond
in such form as shall be approved by the Village Attorney and in an amount
to be specified by the Planning Board to guarantee performance in accordance
with the approved site plan or the approved subdivision plan. In the event
that the regulated operations authorized pursuant to this chapter are not
completed within the time permitted, the bond may be defaulted to cover the
cost of restoration of the premises. In the event that there is an existing
bond, which otherwise conforms to the requirements set forth herein, which
was issued to secure performance to the State of New York or any of its agencies,
the village may be added as additional named insured thereunder.
The permittee or applicant for all operations authorized by this chapter
shall provide to the Planning Board the following documentation, in a form
approved by the Planning Board:
A. At least annually, a photogrammetric aerial survey of
the subject premises.
B. At least every three years, a complete topographic survey,
to the same scale as the photogrammetric survey, of the subject premises.
Any deviation in operations permitted pursuant to the authority of this
chapter from the approved site plan or the approved subdivision
map (to the extent of the grading plan incorporated therein) shall constitute
grounds for summary revocation by the Planning Board of any permit granted
pursuant to the provisions of this chapter.
All costs and special fees incurred by the village in connection with
the processing of an application pursuant to this chapter or for the supervision
of operations conducted pursuant to a grant of permission pursuant to this
chapter including but not limited to engineering reports, on-site inspections
and aerial inspections, shall be borne by the applicant and/or permittee of
the subject premises.
In connection with the approval of any building permit, site plan or
change in use involving mining operations, the Planning Board shall have the
power to adopt rules and regulations consistent with this chapter.
The owner, general agent, lessee or tenant of any part of the premises
for which a violation under this chapter has been committed or shall exist
shall be responsible for damages caused to adjacent properties, whether public
or private, and shall be responsible for the cost of restoring the subject
premises in such manner as to ensure that damage to adjacent properties will
cease. In the event of any such violation, the Village Attorney is hereby
authorized to commence an action in a court of appropriate jurisdiction to
restrain and correct said violation and for damages.