Notwithstanding the prior granting of permission, no person shall remove from or deposit in the bed of any watercourse, wetland or shoreline or remove from any watercourse, wetland or shoreline to deposit on any upland privately owned or owned by the town or any other municipal or governmental authority, any material without obtaining from the Department of Engineering Services a written permit therefor, issued upon the order of the town, as hereinafter provided.
A person proposing to remove or causing the removal or proposing to deposit or causing the depositing of material shall submit a written verified application to the town on a form provided by the Department of Engineering Services. An original application and one (1) electronic copy of such application shall be submitted to the Department of Engineering Services.
(A) 
Such application shall, at a minimum, contain the following information:
(1) 
The name, address, telephone number, and email of the applicant and the source of the applicant's right to remove and/or deposit (e.g., whether applicant is owner, lessee, licensee, etc.). Disclosure of any and all real parties in interest in the application is to be made. In all cases where the applicant is not the owner, the owner's name, address, telephone number and email and the written consent of the owner, duly acknowledged, must be attached.
(2) 
The purpose of the proposed removal and/or deposition of material and the location of site where the removed material will be deposited. The application should specifically state whether the applicant is seeking permission for maintenance dredging and last time the area was the subject of maintenance dredging.
(3) 
The amount and nature of material proposed to be removed and/or deposited or type of use.
(4) 
A description of the area from which removal or in which deposition is proposed. Coordinates shall be given that define the removal and/or deposit area. The horizontal plane coordinates shall be based on the Long Island Zone of the New York State Plane Coordinate System (NAD-83). The vertical plane coordinates shall be based on North American Vertical Datum 88 (NAVD-88).
(5) 
The depth below mean low water to which such removal and/or deposition of material is proposed throughout the area and the proposed angle of repose of all slopes.
(6) 
The manner in which the material will be removed and/or deposited.
(7) 
A written estimate of the costs of such dredging and/or deposition of material prepared by a professional engineer licensed by the State of New York.
(8) 
Evidence that this activity will be consistent with the purposes of this statute.
(9) 
The names and addresses of all owners of lands within a radius of 500 feet from the perimeter of the property or adjacent properties owned by the applicant in which removal or deposit is proposed as shown on the current Town of Huntington assessment roll.
(10) 
The method of access to the site. If the applicant is planning to access the site through property(ies) that he/she does not own, then the applicant shall: (i) present the Town with an original signed and notarized letter from any and all affected property owners authorizing the applicant's utilization of the affected property(ies) for access to the applicant's project; and (ii) an original signed and notarized hold harmless agreement between the applicant and the affected property owner(s).
(11) 
A completed Environmental Assessment Form, Part I, as defined by 6 N.Y.C.R.R. Part 617.2(m); and
(12) 
A Local Waterfront Revitalization Program (LWRP) Consistency form from the Department of Maritime Services, if the project lies within a Local Waterfront Revitalization Area.
(13) 
Such application shall be accompanied by a survey and topographical map with contours at one-foot intervals showing the area from which removal and/or deposition is proposed, certified by a registered land surveyor or registered professional engineer licensed by the State of New York. Such survey and topographical map shall show the soundings of the area from which removal or in which deposition is proposed. The vertical control of said survey shall be based on NAVD-88.
(14) 
In the case of deposition of material, the application shall be accompanied by proof of origin of the fill material.
(15) 
Any other relevant information the Director of Engineering Services may require.
(B) 
The Department of Engineering Services may require the applicant to submit such further and additional information as in its discretion is warranted by the circumstances of any case.
The submission of any approved permits which may be required by any federal, state governmental agency or entity or incorporated village shall not be a prerequisite to the filing of a permit application to the Town. This chapter does not obviate the necessity for the applicant to obtain the assent of or a permit required by any other agency before proceeding with operations under an approved Town permit. It shall be the sole responsibility of the applicant to obtain permits which may be required by the Town, any federal, state or local governmental agency or entity, including but not limited to the New York State Department of Environmental Conservation, New York State Department of State, Department of the Army Corps of Engineers, or an incorporated village or others. No operations shall be initiated by the applicant until such other permits as may be required are issued and submitted to town.
[Amended 7-13-2021 by L.L. No. 35-2021]
Upon receipt of the application, the Department of Engineering Services shall forward such application to the Department of Maritime Services and the Town of Huntington Conservation Board. Said Department and Board shall review said application and submit their recommendation to the Town Board within forty-five (45) days of receipt. If a recommendation is not submitted to the Town Board within forty-five (45) days of receipt of the application from the Department of Engineering Services, the town shall proceed to schedule a public hearing on the application. The town shall hold a public hearing on such application upon not less than 10 days' notice, to be published in the official newspaper of the town. In addition, all owners inland within a radius of 500 feet from the perimeter of the property or adjacent properties owned by the applicant in which removal and/or deposition of materials is proposed shall be notified of the hearing by the applicant serving a copy of said notice by mail, mailed to said owners at the addresses shown on the current Town of Huntington assessment roll, not less than 10 days before the hearing. Proof of service shall be submitted to the Town Clerk not less than four days prior to the date of hearing.
The Town may adopt a resolution directing the issuance of a permit hereunder for dredging and/or deposition of material if it finds that the removal and/or deposition of material will not violate the provisions of this chapter and that the public interest will not otherwise be adversely affected thereby.
The Town shall, upon the recommendation of the Department of Engineering Services and the Department of Maritime Services and the Conservation Board, and upon adoption of a resolution directing the issuance of a permit:
(A) 
Impose conditions on the manner and extent of the proposed removal and/or deposition of material.
(B) 
Fix the time by which removal and/or deposition operations must be commenced and within which they must be completed.
(C) 
If required by the Director of Engineering Services, the applicant shall file with the town a bond in an amount and with sureties and in a form to be approved by the Town, conditioned upon compliance with the provisions of this chapter and with the conditions, if any, imposed in the resolution directing the issuance of the permit.
[Amended 7-13-2021 by L.L. No. 35-2021]
(D) 
If a third-party inspection of the dredging and/or deposition of material is required by the Director of Engineering Services, the applicant, at his/her sole cost and expense, shall be responsible for the payment of such inspection fee in an amount to be fixed by the Town.
(A) 
Prior to the issuance of any permit under this Article, the Director may require the applicant to furnish a bond or cash security, in an amount to be determined by the Director of Engineering Services, for the removal of dredge material from Town land in order to ensure that the removal, deposition and/or storage of such material is completed to the satisfaction of the Department of Engineering Services and in compliance with the approved plan and the conditions and specifications of the permit. The bond or security shall also ensure that any damage to Town land or other public property resulting from the work shall be repaired and/or replaced by the applicant to the satisfaction of the Town. Such bond shall be issued by a surety company authorized to do business in the State of New York, with an AM Best rating of A- or better, or cash, certified check on behalf of the applicant.
[Amended 7-13-2021 by L.L. No. 35-2021]
(B) 
Prior to the issuance of any permit under this Article, the applicant shall submit to the Director of Engineering Services and the Town Attorney a certificate of insurance from the applicant and/or the applicant's contractor(s) governing the deposition and/or removal of material to be authorized by the permit. The certificate of insurance shall be in the following; (a) comprehensive liability and property damage, $2,000,000.00, per occurrence; (b) automobile liability and property damage, bodily injury and property damage, $2,000,000.00, per occurrence; and (d) Worker's Compensation and Disability Benefits — Statutory Requirements. The Town of Huntington, the Town of Huntington Board of Trustees and the Huntington Town Board shall be named as Certificate Holders and additional insureds on these policies by endorsement (except the Worker's Compensation, Disability and Professional Liability coverage). The applicant and/or the applicant's contractor(s) shall also submit to the Director of Engineering Services an indemnification agreement in which the applicant and/or his contractor(s) shall agree to assume the defense of and indemnify and save harmless the town and its officers and employees from any and all claims arising out of or connected with the operations under such permit and from all acts, omissions or negligence on the part of the applicant and/or his contractor(s), his agents or employees.
(A) 
Upon the adoption of a resolution directing issuance of a permit and upon compliance with all provisions of this chapter or the resolution directing issuance of the permit, the Department of Engineering Services shall issue said permit. Such permit shall contain the following statement: "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit may not commence operations hereunder until such approval has been obtained. The failure to obtain such approval, when required, prior to commencement of operations hereunder shall subject this permit to revocation in a manner set forth by this chapter.
(B) 
The term of the permit shall run concurrently with the permit issued by the New York State Department of Environmental Conservation, provided, however, that in the case of maintenance dredging the term of the permit shall be five (5) years.
The permit applicant or his agent proceeding with operations approved shall carry on his person or have readily available the approved permit and show same to any agency or agent of the Town of Huntington, whenever requested.
(A) 
The permit shall be properly posted in a conspicuous place at the premises for which it is so issued as to be easily inspected. The permit shall be posted at all times during the performance of work and shall not be removed until the project is completed to the satisfaction of the Town. A property owner, permit holder and/or person-in-charge who fails to post a permit as required by this article shall be in violation of this article.
(B) 
No person shall permit or allow a permit to be posted at a premises other than the premises for which the permit is issued. In addition to any other penalty provided for herein, a stop-work order may be issued by the Town, and the permit may be revoked by the Director in a manner set forth by this chapter.
(C) 
It shall be unlawful to alter, obscure, deface, change or otherwise tamper with any portion of a permit issued under this article. In addition to any other penalty provided for herein, a stop-work order may be issued by the Town, and the permit may be revoked by the Director in a manner set forth by this chapter.
(D) 
A property owner and/or permit holder may assign a permit issued pursuant to this article to a new property owner if the property for which the permit was issued is sold or transferred before the work under the permit is completed. A copy of the new deed and the full name, address and telephone number of the new owner(s) of the property shall be providing in writing to the Department of Engineering Services.
(E) 
A certified copy of the approved plans and specifications shall be kept at the premises at all times from the commencement of work to completion thereof. A complete copy of the plans and specifications shall be promptly provided to Town officers and/or inspectors upon request. Any person who fails, neglects or refuses to produce a certified copy of the plans and specifications upon demand as required by this section shall be in violation of this article. In addition to any other penalty provided for herein, a stop-work order may be issued by the Town, and the permit may be revoked by the Director of Engineering Services.
The Town or its agents, and the Department of Maritime Services, may, at any time inspect the area from which material is being removed or the area in which it is being deposited.
All operations under a permit issued pursuant to this chapter shall be done in such manner that the removal or depositing of material and the redepositing and storage thereof shall not undermine, weaken nor deprive of support other lands in the vicinity, otherwise adversely affect the watercourses and wetlands of the town and the lands abutting, adversely affect the beauty or natural appearance of the general area, impede navigation, or unless the permit issued pursuant hereto shall expressly provide otherwise, substantially change the course of any channel or the natural movement or flow of any waters or cause or accelerate the drift of upland or underwater soil, shale, bog or mud, or adversely affect fish, shellfish, wildlife or other natural resources.
[Amended 7-13-2021 by L.L. No. 35-2021]
At the completion of the dredging of the material, the applicant shall submit to the Department of Engineering Services a certificate by a registered land surveyor or registered professional engineer, duly licensed by the State of New York, of the amount of the material removed and that the removal operations have been in compliance with the provisions of this chapter and the conditions imposed by the resolution directing the issuance of the permit. In computing the amount of material removed, the Town may, in its discretion, accept a certification of the amount of material deposited or stored as a result of such removal operations as the equivalent of the amount removed.
Upon completion of the operations authorized hereunder, the person to whom the permit has been issued shall submit to the town a certificate from a registered land surveyor or registered professional engineer, duly licensed by the State of New York, that the work has been completed in accordance with this chapter and with the resolution of the Town Board directing the issuance of the permit. A survey and topographical map shall include soundings of such area. The survey and topographical map shall show the depth of the area from which material has been removed and/or in which it has been deposited and the slopes of the area from which the material has been removed and/or on which it has been deposited. The horizontal control of said survey shall be based on the Long Island Zone of the New York State Plane Coordinate System (NAD-83). The vertical control for elevations and soundings shall be based on United States Coast and Geodetic Survey datum North American Vertical Datum 88 (NAVD-88).