HomeMy WebLinkAboutApplication & Soil Removal Code
(File in Duplicate)
TOWN OF SOUTH OLD
TOWN CLERK'S OFFICE
SOUTHOLD, NEW YORK
Fee...........
Paid..........
APPLICATION FOR PERMIT FOR SAND AND
GRAVEL PIT OR OTHER EXCAVATION PURPOSES
1. Name of Applicant ..............................:......................................................................................
2. Address of Applicant .................................................................................................................
3. Detailed statement of proposed operations .................................................................................
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4. Names and addresses of all property owners of record within 200 feet of the outside boundaries
of the premises within which operations are proposed to be performed.
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5. The following must accompany this application unless waived by the Town Board. If applicant
requests a waiver of any of the following items, applicant should insert at the end of applica-
tion subdivisions for which a waiver is requested.
A. Detailed statement of the proposed operation together with a plan of the area proposed
for excavation or for removal of top soil which shall show condition of the plot or pre-
mises before operations and the proposed condition of the same after operations are com-
pleted, such plan to be prepared by a duly licensed engineer or land surveyor and drawn
to scale showing all adjoining streets, location and dimensions of premises, the location,
size and use of any existing buildings.
B. A topographic survey of the premises prepared by a duly licensed engineer or land survey-
or showing contours at 10 foot intervals, using Coast and Geodetic Survey datum.
C. Duly acknowledged consents of the owner of the premises and mortgagees, if any.
D. Receipted tax bills or photostatic copies thereof or other proof showing payment of all
taxes and assessments against premises for which an application is requested.
E. A proposed comprehensive plan for the rehabilitation of the premises together with a
schedule for progress therefor. Such plan to set forth the ultimate contour and grade of the
area upon completion of work, describing the area to be refilled, top soiled and seeded and
specifying the amount and extent thereof to be performed before December 31 st of the
year for which permit is being applied for.
F. Estimate prepared by a duly licensed engineer or land surveyor of the total number of
cubic yards of material to be removed from the property during the permit period.
6. Applicant hereby requests a waiver of the requirements of paragraph 5, subdivisions........,........,
........,........,........,.........
Dated: ............................................
Signature of Applicant
Corporation
Sworn to before me this ..........
day of .............................., 19.....
By.........................................................................
Signatu re of Officer
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Notary Public
9 81-1 SOIL REMOVAL 9 81-1
Chapter 81
SOIL REMOVAL
~ 81-1. Legislative declaration.
~ 81-2. Intent of regulations.
~ 81-3. Permit required.
~ 81-4. Operations excepted.
~ 81-5. Permit standards.
~ 81-6. Application for permit.
~ 81-7. Regulations.
~ 81-8. Issuance and renewal of permits.
~ 81-9. Bond or cash deposit.
~ 81-10. Waiver by Town Board.
~ 81-11. Fees.
~ 81-12. Public hearing.
~ 81-13. Penalties for offenses.
[HISTORY: Adopted by the Town Board of the Town of
Southold 2-16-65. Sections 81-3 and 81-13 amended and ~ 81-4H
added during codification; see Ch. 1, General Provisions, Article
II. Other amendments noted wbere applicable.]
GENERAL REFERENCES
Zoning - See Cb. 100.
Subdivision of land - See Ch. AUtl.
~ 81-1. Legislative declaration.
The regulation and control of the general regrading of land,
extraction and removal of earth products and other excavations is
8101
9 81-1
SOUTHOLD CODE
9 81-3
necessary to protect and to prevent serious and irreparable
damage to the public health, safety and general welfare as well as
to make effective the general purposes of comprehensive planning
and zoning. 1
g 81-2. Intent of regulations.
These regulations and controls are intended to prevent the
following conditions from occurring:
A. The interruption and diversion of natural watersheds and
drainage lines, resulting in inadequate and improper
surface water drainage.
B. The erosion of soil by water and wind.
C. The decrease in or destruction of fertility of the land.
D. The removal of lateral support of abutting streets, lands
and premises.
E. The creation of dust storms and mosquito breeding places.
F. The creation of dangerous banks, depressions or pits.
G. The interruption of suitable access roads to other lands and
the disruption of the future road pattern.
H. The rendering of lands unfit or unsuitable for their most
appropriate uses.
I. The depreciation of property values.
J. The creation of other deterrents to the coordinated and
harmonious physical development of the Town of
Southold.
g 81-3. Permit required.
No lands or other premises shall be operated or used as sand
and gravel pits nor for the excavation or removal of sand, gravel,
stone or other minerals, or for other excavation purposes, nor for
1 Edltor'~ Note: See Ch. 100. Zoning, and Ch. Aloe, Subdivision of Land.
8102
"....' '_"',.~.".'A',,__ "'_'_"'~~"""""~'~_~__~ .~,,~..__
~ 81-3
SOIL REMOVAL
~ 81-4
the stripping or removal of topsoil therefrom, including sod farming
[except such sod farming operations as remove only the top two (2)
inches or less of topsoil annually], without a currently effective permit
issued by the Town Board in compliance with the provisions of this
chapter, or unless listed as an exception in ~ 81-4.
~ 81-4. Operations excepted.
The following operations and uses are hereby excepted from the
application of this chapter.
A. Excavation or removal of sand, gravel, stone or other minerals,
or removal of topsoil, on premises owned or leased by a water
district, public improvement district, municipal or other
public or governmental subdivision, authority or department
B. Excavation or removal of excess sand, gravel, stone or other
minerals incident to highway, sidewalk, driveway, cesspool,
foundation or cellar construction on the same premises,
including the grading of said premises, upon obtaining a
permit therefor from the Building Inspector. [Amended 11-9-
1971]
C. Excavation or removal of sand, gravel, stone or other minerals
incident to the construction of a stormwater basin, recharge
basin or drainage sump on the same premises, provided that
topsoil shall not be removed from the premises, and provided
further that before commencement of any such operation, a
fence or suitable barrier shall be erected around the area of
excavation in accordance with plans and specifications
approved by the Town Board as adequate to safeguard the
public in the particular circumstances of the terrain and
location of the excavation.
D. The moving of topsoil or other earth from one part of a lot or
premises to another part of the same lot or premises as an
incident to building, farming or landscaping. [Amended 11-9-
1971]
E. Removal of excess topsoil or other earth from the area of a
subdivision plat, or from one area of such plat to another area
8103
9.25.91
~ 81-4
SOUTHOLD CODE
~ 81-5
thereof. when authorized by a special order. in writing, issued
by authority of the Planning Board.2 [Amended 11-9-1971; 7-
2-1991 by 1..1.. No. 15-1991]
F. Removal of tnpsoil or other earth incident tn the business of
operating a nursery.
G. The moving and/or removal of tnpsoil or other material on
premises subject tn site plan approval by the Town Planning
Board. when authorized in writing by such Board incidental tn
the approval of such site plan. [Added 11-9-1971]
H. The removal of two (2) inches or less of tnpsoil annually during
the normal operation of sod farming.
~ 81-5. Pennit standards.
A. The Town Board may. by resolution in a specific case. after
public notice and hearing and subject to appropriate
conditions and safeguards tn be prescribed by such Board in
conformity with this chapter. and in accord with the guides
and standards herein. issue a permit for the use of land for the
excavation and removal of sand. gravel. stnne or other
minerals or for other excavation purposes or for the stripping
or removal of tnpsoil.
B. Such authorization shall not be granted unless the Board finds
that
(1) The proposed operations will not interfere with the
surface water drainage plan of the area nor endanger any
street. road or highway.
(2) The circumstances of the location and the terrain are
reasonably adapted tn rehabilitation tn the end that the
premises will not become desert or waste land following
completion of operations.
2 Editor's Note: For further provisions regarding the development of subdivisions, see Ch.
AI06, Subdivision of Land.
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:) -:!5 - 91
.. ~~..."..~_,,,~,_~ '~~~""_,_,,,,__,_v,-,,-~~",,,~,,,,,,~,,",,.,_,~,.,~,"~,~.
9 81-5
SOIL REMOVAL
9 81-6
(3) The circumstances of the location and the terrain are
such that conditions and safeguards may feasibly be
imposed to assure that the premises will not constitute
an attractive nuisance to nor endanger the safety of
children.
14) The use will not cause undue traffic hazards.
(5) The use will not cause undue vibration, noise or
windblown dust or sand.
16) The use will not change the established character of
the neighborhood nor depress the value of other lands
generally in such neighborhood.
17) The proposed operations are set back at least two
hundred 1200) feet from any road, street, avenue or
highway and are set back at least one hundred fifty
1150) feet from any property line; provided, however,
that in the case of operations in existence at the ef-
fective date of this chapter, where the present front,
side or rear setbacks of such operations are less than
the requirements hereof, such operations shall not be
extended beyond such present front, side or rear
setback lines.
18) The proposed operations are to be conducted upon
premises having an area of not less than twenty 120)
acres; provided, however, that the provisions of this
subsection shall not apply in the case of operations in
existence at the effective date of this chapter upon
premises having an area ofless than twenty (20) acres.
~ 81.6. Application for permit.
A. Before any excavation is commenced for any purpose other
than those excepted in 9 81.4 of this chapter, or before
topsoil, earth, sand, gravel, stone or other minerals are
removed from the ground, the owner, lessee or agent of the
premises shall obtain a written permit therefor from the
Town Board. For that purpose, such applicant shall file
with the Town Clerk of the Town of Southold an ap-
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~ 81-6
SOUTHOLD CODE
~ 81-6
plication in duplicate for such permit, which shall set forth
and include:
(1) A detailed statement of the proposed operation; a plan
of the area proposed for excavation or for removal of
topsoil, showing the condition of the plot or premises
before operations are commenced and the proposed
condition of said plot or premises after the work is
completed; such plan shall be prepared by a duly
licensed engineer or land surveyor of the State of New
York, sball be drawn to scale and shall show all the
streets adjoining the property, the location and
dimensions of the premises upon which it is proposed
to excavate, and the location, size and use of any
existing buildings.
(2) A topographic survey of the property prepared by a
duly licensed engineer or land surveyor of the State of
New York, showing contours at ten-foot intervals,
using Coast and Geodetic Survey datum.
13) A duly acknowledged consent, in writing, of the owner
of the premises and mortgagee, if any, including his or
their addresses.
(41 Receipted tax bills or a photostatic copy thereof, or a
letter signed by the Receiver of Taxes of the Town of
Southold or by the Suffolk County Treasurer or by
any title insurance, abstract or searching company
authorized to do business in Suffolk County, cer-
tifying that all taxes and assessments against the
property described in the application have been paid.
15) The names and addresses of all property owners of
record within two hundred (200) feet of the outside
boundaries of the premises within which operations
regulated by this chapter are proposed to be per-
formed.
(61 The following items shall be supplied unless waived by
the Town Board under ~ 81-10 of this chapter:
(a) A proposed comprehensive plan for the
rehabilitation of the premises, together with a
8106
S 81-6
SOIL REMOVAL
S 81-7
schedule of progress therefor. The proposed plan
of rehabilitation shall set forth the ultimate
contour and grade of the area upon completion
thereof and shall describe the areas to be refilled,
topsoiled and seeded, and shall specify the
amount and extent thereof to be performed before
December 31 of the year for which a permit or
renewal of a permit is being applied for.
(b) An estimate, prepared by a duly licensed engineer
or land surveyor of the State of New York, of the
total number of cubic yards of material to be
removed from the property pursuant to such plan
during the permit period or renewal thereof.
B. An application for a permit for sod farming need not in-
clude the information required by Subsections (I), (2), (4)
and (6) above. Such application shall set forth a detailed
statement of the proposed sod farming operation; a plan of
the area to be used for that purpose, showing its existing
condition; and the material and information required by
Subsections (3) and (5) above.
~ 81-7. Regulations.
Compliance with the following regulations shall be a continuing
condition for the validity and existence of any permit granted or
renewed hereunder.
A. When required by the Town Board as necessary for the
protection of the health, safety and general welfare of the
public, for the preservation of property values in the neigh-
borhood or to facilitate the proper drainage of surface
water or appropriate use of land, in accordance with the
standards prescribed in S 81-5, the premises on which
operations regulated by this chapter are performed shall be
rehabilitated in accordance with a plan of rehabilitation
and schedule of progress therefor approved by the Town
Board, which plan and schedule shall be filed in the office of
the Town Clerk and are hereinafter referred to as the ap-
proved plan of rehabilitation. Such plan of rehabilitation
8107
~ 81-7
SOUTHOLD CODE
~ 81-7
may provide for a partial restoration of the property in-
volved pending the completion of operations regulated by
this chapter, and need not include the delineation of
streets.
B. When required by the Town Board as necessary for the
protection of the public, barriers consisting of wire fencing
of the type known as chain-link or cyclone fence, or its
equivalent, of such height as shall be specified by the Town
Board as necessary for the protection of the public, con-
sidering the particular circumstances of the terrain and
location, substantially erected and with no opening except
necessary gates for ingress and egress, shall be erected to
prevent public access to the top of any pits or steeply
graded slopes.
C. Bank and pit excavations shall not extend, nor shall topsoil
be stripped or removed, within one hundred fifty 1150) feet
of any property line nor within two hundred (200) feet from
the front line of any street, road, avenue or highway, ex-
cept when incident to the construction of a cellar; except
that in the case of a bank excavation, the same may begin
at a street or road line. The term "bank excavation" refers
to an excavation which is not carried below the grade of the
street or road mentioned in the preceding sentence.
D. All slopes shall be excavated and maintained during
operations at safe angles of repose to prevent erosion
thereof and erosion or collapse of upper grade surfaces
above such slopes, and final slopes shall not be inclined
steeper than one (1) foot vertical on one 11) foot horizontal.
All slopes shall be protected against collapse or erosion by
the construction of proper drainage ditches back of the lip
or edge thereof.
E. Dust-down or a siroilar dust layer shall be spread on access
roads and other traveled areas to protect the public and the
countryside against windblown sand and dust.
F. Topsoil stripped in connection with operations regulated
by this chapter shall not be removed from the premises but
shall be preserved for use in connection with rehabilitation:
provided, however, that any excess topsoil may be
8108
~ 81-7
SOIL REMOVAL
~ 81-7
removed after rehabilitation has been completed. Excess
topsoil is any topsoil in excess of that required to allow a
cover of at least six (6) inches over any area on which
topsoil is required to be respread by this chapter. This
subsection shall not apply to sod farming authorized by
permit and performed in conformity with the conditions
and safeguards prescribed under this chapter.
G. Topsoil set aside and preserved for use in accordance with
Subsection F of this section shall be respread upon the
surface of the land 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 regulated by this
chapter, the excavation area shall be refilled and graded to
such reasonable level as may be specified in the approved
plan of rehabilitation.
I. All material used as fill shall be free from garbage, refuse
and offal and any combustible, deleterious or unwholesome
matter.
J. All areas on which topsoil has been respread as required
hereinabove shall be prepared for and seeded with grass
unless other vegetation or planting with vines or other
coveming is specified in an approved plan of rehabilitation.
K. Adequate provisions shall be made for the prevention of
the accumulation of water from any source as a result of
such operations.
L. No excavations shall be made which shall cause pollution
to any underground water supply by saltwater 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. In cases where natural vegetation is
inadequate in such area to provide proper screening, a
suitable planting of shrubbery shall be required.
8109
~ 81-7
SOUTH OLD CODE
~ 81-9
O. The operations shall comply with all statutes, ordinances,
rules and regulations applicable thereto.
P. The issuance of a permit hereunder shall not constitute
authorization for washing, screening or other processing of
excavated materials unless expressly authorized by such
permit.
~ 81-8. Issuance and renewal of permits.
Permits may be issued or renewed by the Town Clerk at the
direction of the Town Board upon compliance by the applicant
with this chapter. Permits may be issued for a period not ex-
ceeding one 11) year and may be renewed for successive periods of
one (1 ) year, provided that the regulations prescribed herein have
been complied with and upon furnishing the information reqnired
by ~ 81-6 insofar as applicable to the renewal period, and upon
payment of any additional fee required by this chapter and upon
furnishing such additional bond or security in an amount ap-
proved by the Town Board as sufficient to ensure compliance with
these regulations during the renewal period, including per-
formance of the approved plan of rehabilitation on the areas
covered by the renewal permit.
~ 81-9. Bond or cash deposit.
A. Before the issuance of a permit, the applicant and the
owner of record of the premises shall execute and file with
the Town Clerk a surety bond in the amount required by
the Town Board, conditioned upon the faithful and punc-
tual performance of the work required to be performed by
the approved plan of rehabilitation on the area covered by
the permit, and conditioned upon compliance with the
other regulations contained in this chapter, and to in-
demnify the Town of Southold and/or the Superintendent
of Highways for any damage to town property and for the
cost of taking over such performance in case of default. In
case of any default or failure to perform the work required
to be performed and to furnish the materials required to be
furnished by said approved plan of rehabilitation at or
8110
~ 81.9
SOIL REMOVAL
~ 81.10
before the times specified in the schedule of progress
approved in connection therewith, or to do any of the other
things required to be performed by this chapter, such bond
shall be forfeited upon written notice of such default or
failure being mailed by certified mail to the permittee at
the address stated in the application and upon failure by
the permittee to cure such default within sixty 160) days
after the mailing of such notice. The sixty.day notice of
such default or failure of performance may be given at any
time after such default or failure of performance, and no
default or failure of performance shall be deemed waived or
excused by any delay or failure to mail notice thereof or by
any subsequent renewal of a permit under this chapter.
[Amended 8.26.76 by L.L. No. 3.1976]
B. Said bond shall remain in full force and effect until released
or until the original amount thereof is reduced by the Town
Board upon issuance of a certificate of completion or of
partial completion by the Town Board, certifying that all
provisions of this chapter and conditions of the permit
have been fully complied with. Application for such cer.
tificate shall be made by the permittee, owner, lessee or his
agent to the Town Clerk and shall be accompanied by a
map drawn to scale showing the affected property, giving
elevation thereof at ten. foot intervals, prepared by a duly
licensed engineer or land surveyor of the State of New York
after the completion of the operations, who shall also
certify as to the amount of topsoil remaining upon ground
required to be respread with topsoil by ~ 81.7 hereof, and
that such area has been seeded in compliance with this
chapter and that the other conditions of the approved plan
of rehabilitation have 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 hereinabove in the case of a bond.
g 81.10. Waiver by Town Board.
If the Town Board shall determine, upon the request of an
applicant for a permit, that no substantial rehabilitation of the
8111
10-20-16
~ 81-10
SOUTHOLD CODE
~ 81-12
premises will become necessary as a result of the proposed
operations, or upon any application pertaining to an operation in
existence at the time of enactment of this chapter, or whenever the
applicant shall satisfy the Board that unusual hardship shall
exist, the Town Board, in its discretion, may waive any or all of
the requirements or this chapter by resolution of the Board, and
the Town Clerk shall then issue the permit at the direction of the
Town Board.
~ 81-11. Fees. [Amended 11-9.71]
Before a permit shall be issued or renewed, the applicant shall
pay to the Town Clerk the following fees: A filing fee of fifty
dollars 1$50.) shall be paid with the filing of an application for a
permit required by this chapter. In addition to the foregoing, an
additional fee of ten dollars 1$10.) for each five hundred (500) cubic
yards or fraction thereof of material to be excavated shall be paid
upon the issuance of the permit.
~ 81-12. Public hearing.
A. Except as set forth in ~ 81-10, no permit authorizing
operations regulated by this chapter shall be issued for the
first time under this chapter until after a public hearing by
the Town Board in relation thereto, at which parties in
interest and citizens shall have an opportunity to be heard.
B. Public hearings need not be held on renewals of permits
previously issued under this chapter, provided that the
area covered by the renewal does not extend beyond the
area of operations previously authorized. At least ten 110)
days' notice of the time and place of such hearing shall be
published in one 11) newspaper designated for official town
notices, and a written notice of any application for a permit
shall be mailed by the applicant to the owners of record,
as set forth in the application, of properties within two
hundred (200) feet of the outside boundaries of the
premises within which operations regulated by this chapter
are proposed to be performed.
8112
t{).2!\-76
~ 81-13
SOIL REMOVAL
~ 81-13
~ 81-13. Penalties for offenses.
A. Any person committing an offense against any provision of
this chapter shall, upon conviction thereof, be guilty of a
violation punishable by a fine not exceeding two hundred
fifty dollars ($250.) or by imprisonment for a term not
exceeding fifteen 115) days, or by both such fine and im-
prisonment. The continuation of an offense against the
provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense
hereunder.
B. In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the
name of the town in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the
violation of this chapter.
8113