A.
The Village Board of Trustees hereby finds that excessive
excavation, grading and filling during construction adversely affects
the environment and community by creating a visual or ecological detriment.
These visual and ecological detriments impair the beneficial use of
real property in such areas, impair the stability and value of both
the improved and unimproved real property in such areas, prevent the
most appropriate development of such areas, produce a degeneration
of the property and aesthetic character of such areas and impair the
proper relationship between the taxable value of real property in
the community and the cost of municipal services provided therefor.
B.
These detriments, singly and in combinations, result
in a deterioration of conditions affecting the health, safety, morals
and general welfare of the inhabitants of the community. It is the
purpose of this article to prevent these and other harmful effects
by instituting a review procedure for all building permit applications
to the Village prior to the review by the Building Inspector pursuant
to the State Building Code.[1]
[1]
Editor's Note: Now the "Uniform Fire Prevention
and Building Code."
A.
Every completed application for a building permit
for the construction of any building within the Village of Lattingtown,
or for the reconstruction or alteration of any building, including
any additions thereto, which require any change in grade shall be
referred by the Building Inspector to the Planning Board of the Village
for review. The referral shall be made prior to the Building Inspector's
review of the plans and drawings as required by the State Building
Code and shall be made in conformity with this article.
B.
In order to assist applicants in designing and locating
structures in harmony with this chapter, the Planning Board may adopt
such preapplication review procedures as it deems necessary and expedient.
C.
No building permit requiring any change in grade shall
be issued by the Building Inspector unless it first has been approved
by the Planning Board.
A.
The Planning Board, in conformity with the purposes
and standards of this article, shall review and approve, with or without
conditions, or it shall disapprove building permit applications referred
to it pursuant to this article. The Planning Board shall approve any
permit where it finds that the proposed construction, reconstruction
or alteration is an appropriate building site and there is no excessive
site disturbance in relation to the surrounding environmental, ecological
and natural features of the subject and neighboring lands, including
but not limited to topography, vistas, existing patterns of tree and
shrub growth, or accessibility or proximity to wetlands, preserves,
or historic sites or areas.
B.
The Planning Board, in making its determination, shall
examine but is not limited to the following grading standards:
(1)
All work shall be in conformity with the proposed
contour plan as approved.
(2)
The terracing of building sites, including mounding
of septic tile fields, shall be minimized to the maximum extent practicable.
(3)
The natural elevations and vegetative cover of ridge
lines shall be protected from disturbance to the maximum extent practicable.
(4)
All regrading shall blend in with the natural contours
of the land. Cuts and fills shall be rounded off to eliminate steep
slopes at the top, bottom and sides of regraded slopes. There shall
be no pits or depressions and proper drainage shall be provided to
avoid stagnant water.
(5)
To the extent possible, tops and bottoms of cut and
fill slopes shall be set back from existing and proposed property
lines a distance at least equal to the lesser of three feet plus 1/5
the height of the cut or fill, or 10 feet.
(6)
Any disturbance of the grade or surrounding area of
a construction site shall be completed within one construction season,
and disturbed areas shall not be left bare and exposed during the
winter and spring thaw periods.
(7)
The disturbance of existing vegetative ground cover
shall not take place more than seven days prior to commencing grading
and construction. Further, permanent vegetative cover shall be planted
within three days after completion of grading. Where final grading
and permanent planting cannot be established within a short period
of time, as determined by the Building Inspector, temporary seeding,
mulching or other form of stabilization, as also determined by the
Building Inspector, shall be applied. Upon good cause shown, and based
upon consideration of the time of year, the soils and slopes involved,
and the environmental sensitivity of the area involved, the Building
Inspector may modify these specified time periods.
(8)
Measures for the control of erosion and sedimentation
shall be undertaken in accordance with the standards and practices
as may be deemed satisfactory to the Planning Board.
(9)
Topsoil, for a depth of six inches, that will be stripped
from all areas of disturbance shall be stockpiled on site in a manner
so as to minimize erosion and sedimentation, and shall be replaced
at the time of final grading. No topsoil shall be removed from the
site.
(10)
Fill material shall be composed only of nonorganic
material, including rock with a diameter that will allow for appropriate
compaction and cover by topsoil. No voids are to be created or left
remaining in the fill material that will allow further settlement
of the fill or habitat for rodents, vermin or other unwanted species.
(11)
After grading, filling or excavating, the premises
shall be cleared of all debris.
(12)
The applicant shall deposit or file with the
Village an appropriate amount of cash, or if the Planning Board permits,
a performance bond in form and with surety acceptable to the Board,
in such amount as the Board shall deem sufficient to ensure the faithful
performance of the work to be undertaken pursuant to the conditions
of approval, and to ensure repairs to any streets (public or private)
or any public property damage by trucks or other machinery using the
same for access to and from the premises being graded, filled or excavated.
