[HISTORY: Adopted by the Board of Trustees of the Village of Oyster
Bay Cove 6-18-1974 by L.L. No. 2-1974 as Art. 20 of the 1974 General Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 121.
Environmental quality review — See Ch. 150.
Fees and deposits — See Ch. 162.
Freshwater wetlands and steep slopes — See Ch. 177.
Site plan review — See Ch. 264.
Subdividing without permission — See Ch. 281.
Subdivision of land — See Ch. 283.
Trees — See Ch. 299.
Zoning — See Ch. 320.
[Amended 11-15-2005 by L.L. No. 13-2005]
Within the Village of Oyster Bay Cove, there shall be no dredging, filling,
excavating, disturbing or removing earth, loam, topsoil, sand, gravel, clay,
stone or sod for removal from, placement on or for use upon the premises on
which the same shall occur, except excavating and backfilling in connection
with bona fide construction or alteration of a building on such premises for
which a building permit lawfully has been issued, or except in connection
with the construction of improvements and changing of contours for roads and
drainage in accordance with a subdivision or site plan approved by the Planning
Board, or except landscaping, normal grounds maintenance or agricultural gardening,
farming or horticultural activities, or except for which the Board of Trustees
has issued a permit authorizing such dredging, filling, excavating or removal.
Within the Village there shall be no removal of live trees[2] having a trunk circumference of more than 22 inches at a height
three feet above grade, or dredging, filling, excavating, disturbing or removing
earth, loam, topsoil, sand, gravel, clay, stone or sod for removal from, placement
on or for use upon the premises on which the same shall occur except the removal
of live trees, excavating and backfilling in connection with the bona fide
construction or alteration of a building on such premises for which a building
permit has been issued by the Building Inspector or except in connection with
the construction of improvements and changing of contours for roads and drainage
in accordance with subdivision plans and contour maps formally approved by
the Village Planning Board for such premises or except for landscaping, normal
grounds maintenance or agricultural gardening, farming or horticultural activities
or except for which the Board of Trustees shall have granted a special permit
authorizing such cutting of trees, dredging, filling, excavating or removing
upon the conditions hereinafter specified.
[Amended 11-15-2005 by L.L. No. 13-2005]
A.
Before any special permit shall be granted, a written
application shall be submitted to the Board of Trustees together with maps
and plans showing the following:
(1)
The location and dimensions of the affected premises
including the area to be dredged, filled or excavated.
(2)
Existing contour lines on the premises and proposed contour
lines resulting from the intended dredging, filling or excavating shown on
a map drawn to a scale of not less than 100 feet to the inch and with a contour
interval not to exceed two feet;
(3)
Existing and proposed drainage on the premises;
(4)
Surrounding properties and streets; and
(5)
Proposed truck access to the property for any material
to be moved over existing streets within the Village.
[Amended 11-15-2005 by L.L. No. 13-2005]
The Board of Trustees may grant a permit for a limited period of time, not exceeding one year, if it shall find that the proposed dredging, filling, excavating or removal will not result in the creation of any sharp declivities, pits or depressions, will not tend to result in soil erosion, fertility problems, storm damage, flooding or pollution, will not cause depressed property values, will not destroy the ecological value of wetlands, or create any drainage or sewerage problems or other conditions which would impair the lawful use of the property, or which would cause any damage to public or private property, and that such excavation, removal, dredging, filling, or removal will be in harmony with the general purposes and intent of the Village's laws and regulations with respect to site plan review, subdivision review, zoning, wetlands or steep slope regulation. A permit shall be granted only upon the following conditions and in accordance with Chapter 283, Subdivision of Land:
A.
That the premises shall be filled, dredged, excavated
and graded in conformity with the proposed contour plan as approved;
B.
That slopes shall not exceed a ratio of two vertical
feet to four horizontal feet;
C.
That no fixed or moveable machinery shall be erected
or maintained within 300 feet of any property or street line and that no buildings
shall be erected on the premises except temporary shelters for machinery and
field offices;
D.
That there will be no sharp declivities, pits or depressions
and that proper drainage will be provided to avoid stagnant water;
E.
That after dredging, filling, excavating or removing
the premises shall be cleared of debris;
F.
That, where applicable, the top layer of arable soil
for a depth of six inches shall be set aside and retained on the premises
and shall be respread over the premises upon completion of the dredging, filling,
excavating or removing in accordance with approved contour lines. Trees, shrubs,
brush, sod and other flora shall be replaced to the extent and within such
time limitation as may be required by the Board of Trustees; and
G.
That the applicant shall deposit or file with the Village
an appropriate amount of cash or, if said Board permits, a performance bond
in form and with surety acceptable to the Board, in such amount as the Board
shall deem sufficient to insure the faithful performance of the work to be
undertaken pursuant to the conditions of approval, and to insure repairs to
any streets (public or private) or any public property damaged by trucks or
other machinery using the same for access to and from the premises being dredged,
filled or excavated.
In addition to and in furtherance of the exceptions noted in § 156-2 hereof, this chapter shall not be deemed to prevent:
A.
Usual landscaping, gardening and maintenance of lawns
of private residences and commercial or industrial structures.
B.
Bona fide farming operations.
C.
Maintenance and operation of playgrounds and parking
fields.
D.
Maintenance of operating golf courses.
E.
The cutting down of dead trees and branches.
