[HISTORY: Adopted by the Board of Trustees of the Village of Northport
3-4-1980 by L.L. No. 2-1980 (Ch. 60 of the 1966 Code); amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent
amendments noted where applicable.]
The Board of Trustees of the Village of Northport finds that certain
undesirable effects may arise from the unregulated regrading or filling of
depressions in land. Such unregulated activity can give rise to the creation
of potentially dangerous conditions of land and may affect property values
as well as the health, safety and welfare of village residents. The purpose
of this chapter is to promote and protect the health, safety and general welfare
of the community by regulating the regrading of land and the filling of depressions
in land.
It shall be unlawful to regrade, alter or change the contour lines or
conditions or to fill depressions on land wherein such alteration, change
or filling requires the movement or displacement of 10 cubic yards without
first filing with the Code Compliance Director an application in writing and
obtaining a formal permit therefor.
Each application for a permit pursuant to this chapter shall contain
the following information:
A.
A site plan showing the existing topography and the degree
and location of existing vegetation.
B.
The amount of fill to be added.
C.
A time schedule indicating the anticipated number of
working days required and the overall duration of the project work.
D.
A permit fee in the amount of as set forth in Chapter 147, Fees, in any cash or certified check or money order.
E.
The legal description of the property involved, including
the lot number, street number and, if available, metes and bounds.
F.
The full names and addresses of the owner or owners.
G.
The techniques that the applicant intends to utilize
to ensure erosion control during the work proposed and the slope stabilization
technique to be applied to the affected area.
A.
Based upon the approval of the application and time schedule,
the Code Compliance Director shall set an amount required for the guaranty
of performance. Said guaranty is to be deposited with the Code Compliance
Director in the form of either a performance bond issued by a bonding or surety
company or a certified check. Such performance bond shall run for a term of
not longer than one year.
B.
If the amount of fill required is less than 100 cubic
yards, the Code Compliance Director may waive this bonding requirement.
A.
The fill used shall be clean, consisting of topsoil,
sand, gravel or stones, and shall be substantially free of degradable material.
The fill used shall not contain household appliances or parts thereof nor
motor vehicles or parts thereof.
B.
The fill deposited shall be graded in such a manner as
to provide that the shape, condition and contour of the site will be in substantial
conformity with the recommendations and determinations of the Code Compliance
Director or his designated agents, inspectors and employees.
C.
All work permitted pursuant to this chapter shall utilize
techniques to ensure erosion control and slope stabilization of the affected
area in conformity with the recommendations and determinations of the Code
Compliance Director or his designated agents, inspectors and employees.
The Code Compliance Director shall be responsible for the surveillance
of the proposed work. His duties shall include investigations to ensure that
the proposed work is in substantial conformance with the requirements as set
down by the Code Compliance Director or his designated agents, inspectors
or employees.
This chapter shall not apply to any project involving a residential
or commercial subdivision wherein regrading shall be necessary in order to
conform to an approved plat or site development plan or plans, as approved
by the Planning Board of the Village of Northport.
A.
Where retaining walls are required by reason of plot
grading or terrain, they shall be designed by a licensed professional engineer
and approved by the Code Compliance Director.
B.
Retaining walls shall be constructed of structural concrete,
reinforced as required, unless special written permission to substitute other
materials is approved by the Code Compliance Director.
C.
Retaining walls constructed of railroad ties or similar
creosoted timbers may be substituted when the Code Compliance Director determines
that such construction is adequate, provided that any such wall shall have
a maximum reveal of four feet. There shall be no more than two such walls
on the same slope, and the minimum horizontal distance between shall not be
less than three feet four inches. Adequate tieback of cribbing shall be provided,
and no wall shall be backfilled until inspected.
D.
Stabilization of slopes. All disturbed surfaces shall
be stabilized at a slope not steeper than one on three.
A violation of this chapter shall be punishable by a fine of not to
exceed $250, imprisonment for a term not to exceed 15 days, or both such fine
and imprisonment, for each offense, and each day a violation continues shall
be a separate offense.
