[HISTORY: Adopted by the North Hempstead Town Board 2-13-1973 (this ordinance also supersedes former Ch. 25, Grading or Filling of Land, adopted 4-5-1966). Amendments noted where applicable.]
It is hereby declared and found by the Town Board of the Town of North Hempstead that the regulation of the grading or filling of land and topsoil removal within the town is necessary to the protection of properties within the town and the preservation of adjacent properties and public highways, and that such regulations are within the public interest as contributing to the safety, health and general welfare of the residents of the town as well as the preservation of property.
For the purpose of this ordinance, the words used herein are defined as follows:
- GRADING OR FILLING OF LAND
- The movement, importation or removal of earth or other land as defined herein, to the degree that the existing elevation of the ground is raised or lowered by one (1) foot or more.
- Includes topsoil, sand, clay, gravel, mud, bog, silt and rock, or any combination thereof, including lands under water.
- Any individual, partnership, unincorporated association, firm, corporation, organization or other entity.
- Surface soil not including sand, clay, gravel, mud, bog, silt and rock or any combination thereof.
- The unincorporated areas of the Town of North Hempstead outside the boundaries of incorporated villages therein.
It shall be unlawful for any person to grade or fill land or remove topsoil within the Town of North Hempstead without having first obtained a permit for the accomplishment of such work from the Building Department as hereinafter provided.
Before any grading, filling of land or removal of topsoil is commenced for any purpose other than those excepted in § 25-7 of this ordinance, the owner, lessee or agent of the premises shall obtain a written permit therefor from the Building Department of the Town of North Hempstead. For that purpose such applicant shall file with the Manager of the Building Department a verified application in duplicate for such permit containing such information as required by the Manager of the Building Department which shall include and not be limited to the following information:
A topographical plan or map prepared by a licensed land surveyor, professional engineer or licensed land architect of the premises on which the grading or filling of land or topsoil removal is contemplated showing the existing and proposed contour of the premises, which shall also encompass the area adjacent to the premises upon which the grading or filling of land or topsoil removal is proposed for a radius of one hundred (100) feet, including any public highways lying within such area, and containing the existing elevations of such adjacent areas to the extent necessary to indicate the existing drainage condition.
A statement of the purpose or necessity of the proposed grading or filling of land or topsoil removal.
The Manager of the Building Department may require additional information or waive any of the foregoing requirements where deemed necessary.
Approval of the proposed work by the Commissioner of Public Works of the Town of North Hempstead together with the approval of the Commissioner of Public Works of the County of Nassau or State of New York where the premises abut county roads or state highways.
Approval of the Corps of Engineers where the proposed work is to be accomplished on lands under water within the jurisdiction of said Corps of Engineers.
No stripping or removal of topsoil shall be made within ten (10) feet of any property line and, upon completion of this work, the premises, if below grade, shall be graded to the level of the abutting highway or the original grade if the same were below the level of the highway. Dust-down, or its equal, shall be spread to prevent dust from flying and there shall be left upon the surface of the land from which topsoil is removed not less than six (6) inches of topsoil. No topsoil shall be removed between the first day of October and the first day of April in the following year. All areas from which topsoil is removed shall, during the period between August 20 and October 1 inclusive, be prepared into a loose level seed bed, limed, fertilized and seeded in the following steps:
Apply ground limestone at the rate of one (1) ton per acre.
Apply five-ten-five fertilizer at the rate of six hundred (600) pounds per acre.
Disc area to work limestone and fertilizer into the soil to a depth of at least three (3) inches.
Smooth area with a smoothing harrow.
Sow the following seed mixture at the rate of one hundred (100) pounds per acre:
Brush in seed lightly.
Roll firm with ground roller.
Topsoil removal permits shall expire by limitation sixty (60) days from the date of issuance unless extended by the Manager of the Building Department, and no permit or permits shall be granted for removal of more than four (4) acres of topsoil from any one (1) tract of land until full compliance with this ordinance is had under any existing permit for the same tract, except the preparation of the ground and seeding as provided in § 25-4F hereof; and no permit shall be valid except between April 1 and October 1 of any year.
Before the issuance of a permit, the applicant shall execute and file with the Building Department a bond in the amount of not less than five thousand dollars ($5,000.) per acre or part thereof conditioned upon the performance of the work in accordance with the plan submitted under § 25-4 hereof and all other conditions of this ordinance, and indemnifying the town against any damage to town property. In the event of a default, such bond shall be forfeited to the town. In lieu of such bond, a cash deposit or negotiable securities may be deposited with the Comptroller of the town.
Upon satisfactory completion of the contemplated work in accordance with the application and this ordinance, such bond or cash deposit shall be released by the Manager of the Building Department. Satisfactory completion of the work shall be evidenced by the certification of a licensed land surveyor or professional engineer.
[Amended 10-22-1974 by L.L. No. 10-1974; 4-11-2006 by L.L. No. 5-2006]
A fee in the amount indicated in the Town of North Hempstead Fee Schedule shall accompany each application for a permit required by this ordinance. The fee shall not be refunded if application for a permit is disapproved.
Nothing contained in this ordinance shall require a person to obtain a permit for the grading or filling of land or topsoil removal where such grading or filling of land or topsoil removal is performed as part of a building operation, sand bank and pit, or other excavation operation for which a permit is otherwise required by the town, provided such person has obtained such other permit as may be required prior to the commencement of the grading or filling of land or topsoil removal, nor shall any person be required to obtain a permit for the purpose of farming or for the installation of public utilities under a road opening permit.
A person convicted of a violation of any provision of this ordinance shall be guilty of an offense against the ordinance punishable by fine of not less than two thousand five hundred dollars ($2,500.) per day. Each day's continued violation shall constitute a separate violation against the ordinance and such fines shall be collected as like fines are now collected by law.
If any clause, sentence or paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to that portion directly involved in the controversy resulting in such judgment.
All other local laws, ordinances or parts of ordinances inconsistent herewith are hereby repealed.
This ordinance shall take effect immediately.