HomeMy WebLinkAboutTB-07/28/1964MEETING OF JULY 28, 1964
The SOur_hold Town Board met at the' office of the Supervisor, Lester
M. Albertson, at Greenport, NOW York on'July 28, 1964 with';th~I follow-
ing. present: Supervisor Albertson; Councilmen Demarest ~nd Valentine;
Justices Tuthill and Clark; 'Town Attorney Tasker; Supt. of Highways
Price; Town Clark Richmond.~.
Moved by JuStice 'Ciark; seconded by 'Justice Tuthill: '
RESOLVED.~ That the minutes of the meeting of July 7th and'JUly 14th,
1964 be and they are hereby' approved.
Vote of T~wn 'Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilm~n Demarest; seconded by' Councilman Valeh~ine;
RESOLVED: That the next ~meeting of the TOWn Board will be held at
the office of the SuparvisOr~ Lester M. Albertson, at 16 sOUth 'S~-'i
Greenport, New York, on T~esday, August 11, 1964, at 3:00 P.M.
Vote of ~Town Board: Ayes-Supervisor AlbertSon; councilmem Dema~
and Valentine; Justices T~thill and Clark.
Moved by Councilman Demarest; seconded by Jmstice Clark;
WHEREAS, this Board heretofore a~d on the 14th day-of April,' 196~, -
adopted a resolution authorizing the Supervisor to execute deedS
quit-claiming the interest of the TOWn, if any, in two parcels of
land more particularly described ~herein, and
W~F~REAS, inadvertently the description in one parcel contained ~er~or
in distance of one course and the Board now is-agreed 'to ~6~rre6t and'
amend' such description,
N(~, THEP~EFORE, BE IT RESOLVED: that paragraph B) of the ~resoluti0n
of April 14, 1964, authorizing conveyance/D the Village of Greenport
and May Adams be and it hereby is corrected and amended to rea.d as
follows: ' '
B) to May adams, also known as Mae T. Adams, all that certain parcel
of land near the Village of Greenport, TOWn of South6ld, 'COUnty -of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on ~he northerly side of the Main Road as altered,
distant westerly along the northerly line of said Main Road as altered
from a point marking the intersection of the westerly line of Moore's
Lane and said northerly line of the Main Road, as altered, about 515 feet,
and running thence northeasterly, along the northerly line of the
"old highway" about 260 feet to land of the Village of Greenport,
formerly of William H. H. Moore; thence southerly, across said "Old
Highway", 50 feet, more or less, to a point on the northerly line of
the Main Road as altered; thence in a westerly direction, along the
northerly line of the Main Road as altered, about 255 feet to%the
point or place of beginning.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Justice Tuthill:
WHEREAS, Dahl Oil Co. was the lowest bidder for fuel diesel oil for
the Fishers Island Ferry District, and
WHEREAS, the Soul, hold Town Board approved the action of the Fishers
Island Ferry District in accepting the lowest bidder, Dahl Oil Co.,
to furnish diesel oil to the Fishers Island Ferry District,
NOW, THEREFORE, BE IT RESOLVED: That S~pervisor Lester M. Albertson
be and he hereby is authorized and directed to execute said contraet
on behalf of the TOW~ Board.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine= Justices Tut~ll and Clark.
Moved by Councilman Demarest; seconded by Councilman Valentine;
WHEREAS, several residents of Village Lane, Orient, N.Y. request a
30 mile per hoar limit on Village Lane, Orient, N.Y.,
NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and hereby is
authorized to communicate with the State Traffic Commission and request
it to establish maximum speed limits of 30 miles per hour On Village
Lane, Orient, N.Y. and that the Supervisor further communicate with
the Public Works and request him to make a similar request to'~the
tO the NeW~¥ork'~$~ate Traffic Co~m~issi0n
Vote of Town Board: Ayes=Supervisor Albertson; Councilmen Demarest and
Valenti~e;--~ustices Tuthill and Clark-.
Moved by Councilman Demarest; seconded by Justice Clark;
WHEREAS, Southold Town Planning Board has prepared'an official report.
and recommendation UPon the petitions of (1) Bernard Kaplan for a change
of zone from "A" Residential and Agricultural District to "M" Multiple
Residence District on certain real proper~y.situated at East Marion,
N.Y. and (2) Vina Baker andGeorge ,VanBuren, for a ,change' of zone from
"A" Residential and Agricultural District to "B" Business District~on
certain property in Mattituck, ,N.Y.,
NOW, THEP~F~RE, BE~ IT. RESOLVED~:~ That a public hearing .~ill he.held by
the Southold Town Board-a~~ the-. Supervisor's Office, 16 .South Street,
Greenport, New York, on AuguSt ,27, 1964 at 7:3~ .P.M. on the above
mentioned ps~itions and that the Town Clerk be and ~he hereby is author-
ized and directed to cause- a notice Of said hearing to be published
in the Long Island Travele~-Mattituck Watchman pursuant to the require-
ments of law.
Vote of Town Board: Ayes-superviSor Aibertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by COuncilman ~alentine; seconded by Councilman Demarest;
RESOLVED: That the Town Clerk of the Town of Southold be and he' hereby
is-directed to requ~te~he-'Long 'Island Lighting Company to install one
(1) ,10~ cp street light on Pole ~LILCO on Gillette Drive in East Marion
Light District. .
Vote of-Town Board: Ayes--S~pervisor Albertson; COuncilmen Demarest
and valentine; Justices Tuthi 11 and. Clark.
Moved by Councilman Valentine; seconded by Councilman Demarest;
RESOSVED: That S~pervisor Lester M'. ~lbertson be and he hereby is
authorized to request the LILCO to make a survey for street lights
in the Pine Neck ar, ea, SouthOld, -L.I. ~ '
vote of Town Board% ~yes-'~uperVisor Albertson; Councilmen Demarest
and Valentine;-Justices T~thill and Clark.
Councilman Demarest introduced proposed Local Law %2.~entitled "A Local
LaW ~el'a~ing~ to the establishment of a PoliCe department for the Town
of Sou%hol~.". .The proposal was placed on the desks of'-all members present
A-ie~er ~s received from Senator Kenneth Keating, assuring ~ us of his
willingness to work with ~the Town of Southold and the County of Suffolk
in providing whatever assistance is available to establish a Marine
Technology course at the Suffolk County Community College. as Well as
a Marine, Techn~l~gy~ laboratory in ,the Town of Southold.. Le~ers were
received from St. Peters Lutheran Church 'expressing their approval.'of
th~ recent action of t~e ,To~n Board to remove non-conforming signs;
from W. ~Vellendahl and from George Blscholl commending the ~bay constable
for p~o~-and'~efficient action in resCuing a number Of young peOPle
whose boat had capsized
S~pervisor--i~Lester Albertson advised the Board of-problem arising out
of the operation of the fish processing plant at East Marion, and report-
ed'~t~at the SRffotk CoUnty Department of Health ~und the County Executive
hav~been~ made aware 'of the conditions, and that the Health Department,
whose resPonSibility this .-is, ha~se'-been ~in constant contact With the
management ~
Mo~ed-by Justice Clark; seconded by 'Councilman Valentine;
WHEREAS; a-tlocal law has been introduced 'before the Board of Supervisors
of SUffolk'County which 'would provide that.~ each supervisor~ shall have
one vo~e for each 18,000'residents within~ the Town of ~aid Supervisor, and
~HEREAS, the ,Town BOard of the Tu~rn. of Southold believes that, in the
~bsence of any law or court decision requiring such a weighted .vote, the
present metho~ of voting on the Board of Supervisors is in the best
interest of the public,
8 46
RESOLVED: That this Board does ~hereb~ respeq~fu!!y .~equest-tha~::t~.etBoard
of Supervisors not enact such proposed Local :Law. ,-----_
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demar_~gS~?:and
Valentine; Justices Tuthill and Clark.
Moved by_ Justice Clark; .seconded by councilman. Demarest; ::~:
AN ORDINANCE REGULATING ~ CONTROLLING
EXCAVATION AND REM0.V~AL OF SAND, GIL~VEL,
TOPSOIL AND OTHER MATERIAL_' S,
This ordinance shall be known~as~ "THE EX.CAVATION ORDINANCE OF-THE TOWN
OF ~S~THOLD,'-. · ' .. '--- '" '
SECTION I , . , ' ' -' ~' '
The regulation .and control of the general regrading, of land, ex-
traction and removal ~of earth 9roduCts, and ~other .~excavationsl are necess-
ary to protect and to ~revent serious .and irreParabl,e damage tp the public
health, safety and general welfare ~as welt as to'make effective the gener-
al purposes of comprehensive planning and. zoning.
SECTION II
These regulations and con,mole are intended to Prevent the .follow-
ing conditions from occurring: ......
(a) the interruption and diversion of natural watersheds a_nd
drainage lines~ resulting in inadequate and~ imprgper surfage water drainage;
(b) th~:er0sion of soil by water, and wind;
(c) the- decrease in or destruction of fertility of. the land;
. (d)~.~he removal of lateral support of abutting str-eet.s., lands,
and premises;
(e~ the_creation ~f dnst storms, and.mosquito b~eedi~ng places;
(f) the creation ~of~ dangerous .banks, depression~,~, or. pits;~
(g) the interruption of suitable access roads to other lands
and the disruption of the future road pattern;
(h) ~the~rendering 9f.!a~ds .~n~i-t' °r s~itable~f°r their most
appropriate ~ses;
(i) the depreciation of ~ro]~e. rtY. valqes, ,and
(j) the creation .of o~her deterrents to the co°r~inated
and harmonious physical development of the_Town of Southold.
SECTION :III, .. 'Operations Regu-lated. -
No lands or other 10remis'e:s shall-be operated or' used
gravel pits,_.or.for the.excavation or removal of sand, grav~!~,~l
other minerals, or for other excavation purposes, or for t~he~str~ipp~ng-._
or removal of topsoil therefrom wi~out a c~rently effective permit
iss.~e~ .by the ~ ~B0~ in c~pli~ce with the ._~ovision~
or ~less listed as ~ exception in--Sect~n IV. - ,:~.[ . ~ '
SECTION IV, Exceptions.
~e foll~img ~p~atioms ~4 uses..~e ~ereby excepted ~.fr~
application el-this er~i~ce. ' .....
.(.a) -Excavation or remove, of s~, ~ravel, sto~e...~r
~n~al-s or r~val2of .topsoil on premises, ~wned or. leased ~..;a.wate~%::
district, p~lic.~prov~t dis~ie~, m~nicipa! 0r o~ p~%~=-~r.
gover~ental s~ivisiom, authority or ~ep~eDt...
(b) Excavation or removal of sa~, gravel, stone or ~t~
miRerals incident .to highway, si4~alk ~r ~iveway
s~e premises;.. :~-'
(c) Excavation -or removal of sa~d;, gravel,, stone .gr .~9~t~er,~
m~als incident to ~e..cons~uqtio~ of a storm, wat~ basin~.
basin_'or:l~ain~e s~p .on the s~e premiseq pr0vi~ed that .~gps~il~ sha~%
not be removed fr~ the premises ~d provided f~ther ~at
ment of ~y su~ operation a fence or suit~le b~ri~ shall be ~cted
~ou~d the ~ea of-excavation/i~ accordance with p~a~s ~a .specifications
approve~, by the T~n Bo~ :as ade~ate: ~0 safegu~d the P~lic %m the
p~ticul~ circ~s%~ces of the t~rain-.an~ location of: the .~cavatiom;
. . (~) ~e moving of topsoil ~r other e~th ~om one p~t to
~ther .of the s~e .praises 'as ~ inci~em~:.t~ building, f~ming, or
l~dscaping; ....
~..~,~ (e) R~emoval.~of excess~.OPsoil or other earth from the area
of ai~subd~vision ~plat .which is subject, to the jurisdiction of the.Town
P-..-anR~ng~.Boar~ when authorized by a special- order in writing ~issued by
auth~ritY.0f~the Town Board~ _
........ ~__.u~.(f), R~em~al of .topsoil or other' earth, incident to the busin-
ess of operating a nursery.
SECTION V~ Permit - ,Standards
~.~ The ~T~wn B~ard may~by resolUtion in a specific, case, after public
notice and hearing and subject to appropriate conditions.and safeguards
to-be p~e.ccribed by such BOard in cOnfommity/with this ordinance, and in
accord .with ~the guides ~d standards.herein, issue a permit for .the use
ofitand~~for the excavation and r.emoval of sand, ~ravel, stone ~r other
minerals or_ .,for other excavation purposes om-.' for the stripping.or removal
of tops~il .... ~ ......... . - .
Such aut~Or, ization shall ~not be granted~ unless the Board finds, t~at:
-'.- _ ~.~ (a) the proposed ,operations will. not, interfere with the ~s~
face wa~er drainage plan of the area nor endanger-any stmeet, ~road or.
highway
.. .(b) the circumstances ~f the location and the terrain are
reasonably~adapted to, rehabilitation to .%he-end that. the premises will~
n~ become desert or waste ~and f~tlowing completion of. operations, and
(c) the circumstances of.the location and the terrain are~
such-th~at_..eonditions and safeguards may. feasibly, be imposed to assure
that ~e ~remises will not. constitute an "attractive nuisance" or endanger
the safety,of childrem.~ -
(d) the use will not cause undue traffic hazards; and
-(e) the use ~will not cause Undue-=ibr.ation, noise or wind~
blown dust or sand;~ and
(f) the use will not change the established character of the
neighborhood or depress the value of other lands generall~ in- such
neig!~borho~d; andl :~
~ ~'.~(g)~ 'the proposed operations are set back at least .200 feet
from any road, street, avenue or highway ~nd are set back at leas~.~100 feet
from any property line;, provided, however,_ .'that. in the case of operations
in~.e~istance at the effective date of this ordinance, where the 'present
-fron~t, side;or rear setbacks of such operations are less ~han ~the re-
quirements hereof, such operations shall not' be-~extended beyond such
present front, side or rear setbacks lines,
~ (h) the proposed, operations are to-.be conducted-upon premises
having~ an area of not. less than 2O'~acres;..provided, however, that the
pr~visions~of..~is paragraph' shall not ~apply inthe case .of operations in
exist-ance?at.the effective .date of this ordinance upon premises having
an area-of less than 20 acres
SECTIO~V~.-Application for Permit.
Before any excavation ~isscommenced for any purpose other than those
excepted in-Section 1~ '~of this ordinance or topsoil, earth, sand, gravel,
stone .or other minerals~are removed from.the gr,o,~d, the owner, .lessee
or ~agent ~o~ .the premises, shall~ obtain a .written pemmit- therefor from
the Town ~Oard, For that purpose such applicant .shall file. with the ~T~wn
Clerk of ~he TOWn of Southold ~an~pliCation in duplicate for such
which, shall~ set forth and. include:
· - _ (a)- An ~application containing a detailed '-statement of' the
proposed operation, a pl~ of.the area proposed for excavation or for
remo~at '.of topsoil showing the condition-of the plot or premises before
opleratiOns are- commenced,-, and the proposed conditions of ~said plot or
premises after the~.work .is completed; %such plan shall .be prepared by a
duly, ~icensed -. engineer or land surveyor of. the State, of 'New York, shall
be draWn to-;s=ale and shall show all the streets adjoining the .proper.ty,
the. kocat'ion~ ~nd dimensions of the..premises-upon.which~it is proposed to
exca~ate.~ '-.and location, size an~ use .~f~ any existing buildings;
(b) A topographi= survey of the pr.operty prepared by a duly
licensed e~gineer or~ land surveyor of the State of .New York, showing con-
~our.s a.-t~ ten foot intervals, using-Coast and Geodetic Survey datum;
· ~<(C) Aduly acknowledged, consent ~in writing of the .owner of
the~em_i.-.se~ and mort.g&~ee, if any, including his or their.addresse.s.~
(d) Receipted tax bills oz' a photostatic copy thereof
or a letter signedlby~the Re~eireer of ~Taxes of."the Town 'o,f
by the: Suffolk County Treasmrer or by any title insurance,'-:ab~tra~-O~-
searching company authorized to do business -' in : Suffolk County,
lng that all taxes.and assessments,.against the property described in
the application have been paid,~ ~ ~ :: ·-'
(e) The names and addresses of all property ownere of re-
cord within two hundred (200) feet of the outside~boundarfeS of the'i~'' ~
premises within which. Operations regulated.by this ordinance~3are~pro-
posed to be performed. ~:-:
(The following items (f) .'.and ~ (g) shalt be supplied u~--
less waived by the Town Board ' under Section ~X of thiS. ordinance).; ~'~,~ ~
(f) A pr~oposed comprehensive 'plan for ~he-rehabili~ta~ion
of the-premises together with a schedule of progress therefore.
proposed plan of rehabilitation shall set forth the ult~mate .. contour
a~nd grade of' the area upon completion/thereof and shall_ describe?the ~.
areas to b~ refilled,, topsOiled and.seeded, and shall s~ecify the amount
and extent ~therof to be pe=formed before December. 31st of the%year.? for~
which a permit or renewal of a permit is being applied for; -'~,'.~ .~
(g) An estimate prepared by 'a duly ~licensed~engineer
or.land surveyor of.the State of New York_of the ..total number
yards ~of material ~o be. removed from_the property pursuant~to~ smch ~p~an
during the.permit period 'or renewal thereof.
An application, for a permit for sod farming need'~nOt
include, the-information required'by subdivisions (a), (b) ,. ~(~), ~(f) -'
and (g) above. Such application shall set forth a. detailed statement-~
of the proposed sod~ farming operation, a plan. of the area %o be used
for that purpose ,showing.its existing condition, and the material and
information required by subdivisions (c) and (e) above.. -. ~'.
SECTION ~V~ Regulations .... "~-' .
Compliance with the following regulations sh&ll .be '&'-con%~inu=
lng condition o.f~ the validity'.and, existance of any. permit granted or
renewed hereunder. ~ ~
(a) Whe~ requir~ed by the T°wn Board. as. necessary for the
protection of the~health, safety and general~iwelfare of the public., for'
the. preservation of p~operty~values in the neighborhood or.to facElitate
the proper drainageof smrface water or appropriate ~use of~ lan~, i~ '
accordance with the standards prescribed ~in. Section V, the premises ~
on which, operations, regulated .by this' ordinance are performed shall be
rehabilitated, in accordance'with a plan' of rehabilitation and: schedule
of progress therefor approved by the Town' Board which pian and~schedule
shall be filed in the office, of ~e ~Town~ Clerk and is hereinafter~?reJ~ -
ferred to as the approved plan of rehabititation. Such plan of rehab-
ilitation may provide for a partial restoration of the property involved,
pending the completion of operations regulated by_ this ordin~e, and
need not include ~the delineation of-streets .... - . -'
(b) When required by the Town ,Board as necessary for~:th~,
protectio~ of the -pmblic~_. barriers consisting'.of wire fencing~-~of~.the.
type known as chain link or c.y_clone.fence,~Or· its equivalent.-
height ~as shall be specified .~y the Town Board as necessary,for .the pro~
, tection of the public considering-,~he particular circumstancesi' of~ the
terrain ~.nd location, substantially erected, and with no openings,except?
necessary ~gates for ingrees and egress shall_be .erected to-prevent public
access to the top of a~y pits or.: steeply graded slope~. ._ --:.- ~ :~
. (c) Beunk and pit excavations ~shal'l; not exten~-nor
topsoil~ be stripped or~ removed within one hundred~ ',fifty (1~5.0~
of, any property line and two h~ndred (200 ft.).feet from't~h~.front~Jline~
of any street, road, avenue or.~ highway, except, when, inc'iden~o~th~e~ con~
struction of a cellar, except-that in% case of a bank exCava'ti~n ~th~
same may begin at a .'street or road 'line. The term'_ban~
to an excavation which'.is not carried, below the grade of-the'-~.Stree~ ~' ~'
or,.road menioned in the preceding sentence.~ .
, (d) All slopes shall be~excavated:.and-:mai~nta'in~d
operations at safe angles of repose to~Pre~ent. erosion :tl%ereOE? a~
ion or collapse of upper grade surfaceS, ab0ve~ Such.-slopes, ]and final slopes
shall ~not-be inclined steeper than one foot--verti~-I-~on one
Ail slopes shall be protected against collapse~ or erosion by the construct-
ion of proper drainage ditches back of the lip or edge thereof.
349
(e) Dust-down or a similar dust layer shall be spread on
access ~vroads an~ other traveled areas~ to;pr~ect the pUblic ~d the
countryside against windblown sand and dust.
- --. (f) Topsoil strippe~ in connection with operations regulated
by ~th~i~'ordinance~%all not be removed from the,premises and shall be
prese~.ved~.fo~.use~i~'"connection with rehabilitation, provided,, however,
that a~y~excesS topsoil may~ be removed after .rehabilitation has been
c~mplete~.!.' Excess topSoil is any topsoil in excess of that required to
alIOW 'a~ coVer of at~kleast 6 inches over any area on which topsoil is
requ~-r~ '%o be respread by this ordinance. This paragraph shall not
apply ~o' s~d farming authorized by permit and. performed in~ conformity
with the conditions and safeguards prescribed under this ordinaDce..
-'- (g) Topsoil set ~aside and.Preserved for use in accordance
with subsection (f) or-.this section .shall be respread.upon the surface
of the Iand from~ which topsoil, or~ sand and gravel have been stripped
or removed~excePting areas which are laid out as streets, parking lots
or areas .to-be occupied -'by buildings on a subdivision plat approved by
'the Town Planning Board. ~
- (h) Upon completion of any operation regulate~lby this ord-
inancef~'the excavation area shall be refilled and graded to such reason-
able level-as may~ be specified ~n the approval plan of rehabilitation.
(i) Ail material u~sed as fill shall 'be free from garbage~,
refuse,-offal, combustible, or any deletrious or unwholesome matter.
.~ (j) Ail areas on which topsoil-has been respread as required
hereina~ove shall be prepared for and seeded, with-grass unless other
vegetation'.~or planting with vines or other's.covering is specified in an
approved plan of rehabilitation. .
(k) Ade~Faate prOvisions shall be made for the prevention of
the accumulation of water from any source as a result-of such-operations.
(1) NO excavations shall be-made which shall cause pollution
to any underground water supply by salt water intrusion or other causes.
(m) The setback areas shall not be used for the storage of
any products or other materials or equipment.
~(n) Natural vegetation is to remain undisturbed within the
setback area. t~ Cases where natural vegetation ~is 'inadequate i~ -such
area to provide proper acreening,-, a suitable planting of shrubbery shall
be required. .
(o) The opera%ions shall comply ~ with ~all statutes, ordinances,
ru,les' and regulations applicable, the~etol
(~p) The issuance of a.permit.hereunder~-~%all .~ot constitute~
authorization fo~ .washing, screening or ,ot-her processing-.of excavated
materials unless express&y-authorized ~by ~such permit.
SECTION VIII. Permits and Renewals thereof.
- permits may be issued or renewed by-the Town~ Clerk 'at. the direct-
ion of the Town Board upon compliance by 'the. applicant with this Ordinance.
~Permi~s may be issued for a period not exceeding one year and may be re-
neWed for successive ~eriods of. one year provided that the regulations
prescribed~herein~have been complied with and upon ~furnishing the infor-
mation required by Section VI i~sofar ~as applicable to .the' renewal period,
upon payment of any addition~]1 fee required bY this ordinance and s, upon
furnishing' such additional bond-or-security i~.an amount approved by
the-~Town ~Board-as sufficient to insure compliance with these regulations
dur~ing.~the renewal period including .performance of ~the approved plan
of rehabilitation on the areas covered by the renewal permit.
~SECTION ~tX~'~- BOnd or Cash Deposit
.... (a) Before the' issuance of a permit .the applicant and the
.OWn6~.~ of .record-'of the .premises shall 'e~ecute ~and fi~i~_h the Town
'clerk,-~ a surety 'bOnd in-.the amount-Dequired by. the TOwn Board ;condition-
.ed upon.'the-faithful and punctual per'fOrmance, of the work required to
performed by' the approved plan. of rehabilitation On the area. covered~ by
-th~permit and-upon compliance with the other regulations contained .in
this' ordinance ~and tO indemnify .the Town of Southold and/or the Superin-
tend~nt~Of~Highways for~ any.damage-to town ~property and for the co'st of
~a~ing 0V~r'~such performance .in. case of default.'~ in case of any default
O~ fa~ilure-~o perform' the .work required to be performed and to furnish
the material, s required ~to be -'furnished ,'by~ sai~ approved plan of rehabil-
ita~iOn at or' before the timeS-specified i~ the schedule of progress
350
approved in connection therewith, or to.do an~ of the other ~h.ings .re-
quired to be performed by t~his ordinance such bond shall be- forfe:i:ted
upon written notice of such default 0_r .faille being mailed by regist-
ered mail to the permittee at .the address, stated in.the appt$cat_igR
~ and upon~ fai!u~_e by the permittee to cure :such default, within_ sixtty:~ :i
(60) days after the mailing of such notice. The_sixty-day n.oticg~-
such default or failure of performance may .be ~given at any
such default or failure Of performance and no defa~-lt or ~a~i!ur9
performance shall be deemed waived, or excused by any delay or fa!~re_
to mail notice thereo:f or by any subseq~aen~.~renewal ~of a permit under
this ordinance
- (b) S.aid bond shall remain~ in f~ll force a~d effect
until released or until ~he original amount ~thereof is reduc~e~_ by
the TOWn Board upon issuance of a certif~aate :of completion:or' of
partial'-completion.:by the Town'. Board, certifying that all ~provisions
of this. ordinance and conditions of the permit have been fully com-
plied with. Application for such certificate shall be .made~ by .:the:~per~
m~ttee, owner, :lessee_. or his_-: agent to the .Town Clerk and shall be
.a.~cco~%Danied by ~ map drawn to Scale showing the affected ,property,._
~ivi-ng elevations thereof-at.ten (10). :foot.intervals, prepared by a
dul~ li=~enced engineer or-land .surveyor of .the. State' of New York
after :the completion o.f the operations who shall also certify as~to
the-amount of topsoil remaining upon ground required to be respread
with-topsoil by Section.~ hereof, and.that such area has been-seeded
in compliance with this ordinance and that the other conditions~-of
the appr~¢ed plan of rehabilitation, h~ve .been fulfilled.
(c) In lieu of _such bond a cash deposit or deposit Of
negotiable securities may be made with the. Supervisor of .the TOwn
-,subject to the ~approvals; conditions and forfeitures specified herein-
above in the. case of a bond. ..
SECTION X, Power of Waiver-Res .erved by Tow~:Board
- - If the Town Board shall determine upon the request of an
applicant :for a permit that-no substantial rehabilitation_ of the
premises w~ll become necessary' as a r~sult o.f the prpposed operations~
or on any application pertaining to an operation in 'existaDce_~.at the
time of enactment ofl this ordinance,, or whenever the applicant shall
satisfy the Board that unusual-hardship~ shall exist,.~-the TOWn Boar~,
in its'discretion,-may waive any or alt of the requirements of this
ordinance by resolution of the .Board. and ..the. Town Clerk sha~-i ~hen issue
the permit at the° d~ection of the TOWn :Board~
SECTION XI. Fees. · _:
Before a permit, shall be issued .or renewed, the app:!l.cant
shall pay to the Town Clerk :the following fees:
(a) Sar~bank and :pit excavations: a fee of
paid with the :filing of the. application for a permit~ which fee shall
be. for the first year of the operations of said ~permit. -A fe~ q~: $50~00
is tO be paid in ,each year for the, renewal of such permit.:.
(b) Topsoil removal: a minimum-fee of $10.0_0 for- an area
exceeding 1~, 0O0 sq. ft..'Such..topsoil removal permit fee shall.-be for
a_:period.of one (1) year and a similar fee. s~all be paid .~pon the re-_
newal of said permit upon the ~basis of the .~harge herein set forth.-:.
SECTION XII. Public Hearing.
Except as set forth in Section. X, .no permit authoriz!ng~ oper-
ations regulated by this .ordinance shall be' issued, for the first time
under this ordinan'¢e until after _a~public hear~ lng :by the.:TOW_~ Bo~d_ in
relation thereto, at. which parties_~ in inter, est and :citizens shal~ .~ave
an opportunity to be heard.~- Public hea~ings need not be', hel:d:om-renew-
als of permits pmeviously is's~ed-under this ordinance pr~ovided,.~t:ha~.~the
area covered by the-renewal does not extends.beyond the area ~Of .operations
previously authorized. At least ten (18) .days notice of-t~he.t~im~.
piece of such ~earing shall be :p~lish~d in one.: newspaper~
for official town notices-and' a written .notice .of .any appli_~atioD~forj
a permit shall be .mailed .by the~ applicants .to the owners of recgrd, as
set fortt~ in the application,, of properties within two ~hun~ed ~(200)
feet of the outside boundaries .o'~ .the premi'ses within which ~operations
regulated by this or~inanc~ 'are proposed to be performed.
SECTION X~iI. Penalties. -
~or any an~-every violation o~ -the provisions of thi~ ordinance~,
the owner, g~n~al ~gent, iesSee~ or tenant of any part of the pr~mises
of which said. vi~l~ion or any part thereof has been committed or
shall exist, and the general agent, engineer, surveyor, contrac~0r or
any other person who knowingly permits, takes~ part, ~0r assists in any
such violation shall exist, shall be guilty of. an. offense, punishable
by a fine not exceeding $50,~ or imprisonment not exceeding six months,
or both. Each day's continued vmolatmon of this -0rdinance after written
notice: thereof shall constitute a separate additional v~ieia~i°n. SUCh
fines Or pemal~es shall be collected as like fines are n°w' ~y law
collected.
SECTION XIV. Separability. ~
If an~ ciause~'sentence, paragraph or section of this ordinance
shall be '~djmdged by any court of 7compet%~t 3urisdibti0n to be invalid,
suc~3.udgment shall not.impair or'Lnvalidate the r~m~inder hereof but
such adjudicat~0n shall be confined in'its operation to the Clause,
sentence, paragraph or section directly involve~ i~ the controversy
in which judgment shall have been rendered.
SECTION XV. Repealer..
~It is further Provided'that as to sand and gravel pits, excavation
a~d/~pS0il removal ~usinesses maintained and in operation at the
date of th~ adopt~ion of this ordinance, that such businesses and oper-
ations are hereby granted until March' 1, 1965 to obtainpermits and
licenses, as provided in this ordinance, ~nd except asi~=reinabOve
provided, shall take effect immediately upon publication and notice
of ~adoption thereof~.'as ~provid~d by the TOWn Law of the State of New
York.
Dated: July 28, 1964. Albert W~ Richmond
_~._.. Town Clerk
Vote of ToWn Board: Ayes-s~pervisor ~lbertson; Councilmen Demarest
and V~n~h~; Justices Tuthill and Clark.
AdjOurnment.
Albert W. Richmond
Town Clerk