[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 111 of the 1983
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 55.
Tree services — See Ch. 107.
Littering — See Ch. 121.
Noise — See Ch. 127.
Streets and sidewalks — See Ch. 177.
Trees, hedges and shrubbery — See Ch. 187.
Building construction — See Ch. 223.
Stormwater management and erosion control — See Ch. 260.
This chapter shall be known and may be cited as the "Village
of East Hills Excavation and Topsoil Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
A person authorized, in writing, to do or perform for another
person the thing or act which he or she does or performs.
Construction pursuant to a building permit issued by the
authorized officer or employee of the Village.
The disturbance of the topsoil or the subsoil by other than
natural causes.
The owner of the land as shown by the public records in the
office of the recording officer of the County of Nassau or by proof
of title acquired from such owner of record.
The dividing line between the highway, road or street or
between the property and an adjoining property.
A public improvement by a municipality or agent of a municipality
on the land where the excavation is made or on the road, street or
highway adjoining such land.
The underlayer or layers of the ground other than topsoil.
It includes sand, gravel, stones, rocks and clay in such subsoil.
The upper layer or layers of the ground consisting of black
loam and organic matter in which a layer or layers of pasture grass
will readily grow and be sustained, as distinguished from subsoil.
[Amended 1-21-1997 by L.L. No. 3-1997]
No excavation of topsoil shall be made within 10 feet of any
property line of the property on which such excavation is made, except
where otherwise permitted pursuant to this Code. No excavation of
subsoil shall be made within 20 feet of any such property line, except
where otherwise permitted pursuant to this Code.
Where subsoil is to be excavated to a depth in excess of six
feet, barricades shall be erected and maintained for the protection
of the public, consisting of a substantial fence not less than six
feet in height, completely surrounding the property, with no opening
except necessary gates for ingress and egress.
In order to prevent flying dust, no open uncovered trucks shall
be used, and the parts of the excavators or conveyors which carry
or discharge the material excavated shall be covered. Tarpaulins may
be used for such coverings, provided that they accomplish the purpose
in the judgment of the inspector of the Village assigned to the operation
or, if no inspector is assigned to the operation, in the judgment
of the Mayor of the Village. The material excavated shall be discharged
from the excavator or conveyor to the truck through an enclosed chute
which shall confine therein the dust from such material. Where bulldozers
or mechanical means are used to remove the topsoil only, "dust down"
or an equivalent shall be used.
Where topsoil only is excavated, a minimum of six inches of
compacted topsoil shall remain at all places over the area of excavation.
Where the excavation shall be or shall include subsoil, the
excavation shall be immediately refilled with clean, nonburnable fill
containing no garbage, refuse, offal or other deleterious or unwholesome
matter, and topsoil shall be spread and rolled to a depth of six inches
over the refill so that such refill and topsoil shall restore the
area excavated to the finished grades shown on the map presented with
the application for the permit required by this chapter.
[Amended 1-21-1997 by L.L. No. 3-1997]
After restoration of the topsoil where the subsoil has been
excavated or after removal of topsoil only, the topsoil replaced or
the topsoil left, as the case may be, shall be immediately reseeded
at the rate of 25 pounds to the acre, until growth is established.
Because such seeding mixture will not root and grow to accomplish
the purposes thereof at all times during the calendar year, permits
will be issued or extended for operations to be carried on and completed
only between March 1 and June 1 and between July 15 and October 15
of any year.
A.Â
The
Village Board of Trustees may, at any time during the operations of
the permittee under the permit required by this chapter, place an
inspector for the Village on the site where such operations are being
carried on.
B.Â
In
the event that such an inspector is so assigned to such operation,
the permittee under this chapter shall reimburse the Village for the
compensation of such inspector, while assigned to such operation,
in an amount per day for each day employed on such operation, said
amount to be set forth from time to time by resolution of the Board
of Trustees.[1]
[Amended 1-21-1997 by L.L. No. 3-1997]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
C.Â
The
inspector may from time to time require that the permittee under this
chapter have test holes dug to see that this chapter is being complied
with.
[Amended 1-21-1997 by L.L. No. 3-1997]
[Amended 1-21-1997 by L.L. No. 3-1997]
No excavation of topsoil or subsoil shall be commenced or progressed within the Village for any purpose other than a public use or purpose, or the construction of a wall, driveway, sidewalk, building or part thereof, or as permitted by §§ 89-13 and 89-14 hereof, unless a written permit for such excavation is first obtained from the Village.
Nothing contained in this article shall require a person to obtain a permit for the removal of topsoil or subsoil from one part of a parcel of real property owned by him or her to another part of the same parcel when such removal is necessary as an accessory use or is made for the purpose of improving such property. However, notwithstanding the provisions of this section, the owner shall comply with the provisions of §§ 89-13, 89-14 and 89-17 hereof, except where the area of the property to be excavated shall not exceed 500 square feet.
Before a permit required by this article shall be issued, a
written application therefor shall be filed with the Village Clerk
by the owner or the agent of the owner of the land upon which it is
proposed to make or allow the excavation. Such application shall be
in duplicate, shall be signed by the applicant and shall contain the
following information:
A.Â
The full name of the applicant and his or her address.
B.Â
The full name of the owner of the land upon which it is proposed
to make the excavation and his or her address.
C.Â
If the applicant is a person other than the owner, whether such applicant
is the agent of the owner and evidence thereof.
D.Â
A statement of the nature and three-dimensional extent of the excavation
proposed, and particularly whether topsoil only is to be excavated
or whether both topsoil and subsoil are to be excavated, in terms
of cubic yards.
[Added 1-21-1997 by L.L. No. 3-1997]
E.Â
A statement that the applicant has read this chapter or that this
chapter has been read to the applicant and that, if a permit is issued
to him or her, he or she shall accept such permit subject to all the
terms and requirements of this chapter.
The application for a permit required by this article shall
be accompanied by the following map and documents, which shall be
filed therewith and shall be thereby made a part of such application:
A.Â
A map or plan of the property upon which it is proposed to make the
excavation, drawn to scale. Such map shall not be less than 10 by
16 inches in size. Such map shall be prepared by a duly licensed professional
engineer, registered architect or land surveyor of the State of New
York, shall be certified by him or her and shall show all dimensions
and courses of the property, all streets adjoining the property, the
location of all buildings thereon and the location and size (height
and diameter) of all trees thereon and the outline of the area proposed
to be excavated. Such map shall also show, at points indicated, which
shall not be more than 100 feet from each other over the whole area
proposed to be excavated, the elevation of the property before excavation
and as the same will exist after the completion of the operations
for which the permit is required. Such elevation shall be determined
from the Nassau County bench marks as published by the Department
of Public Works of the County of Nassau.
[Amended 1-21-1997 by L.L. No. 3-1997]
B.Â
A certificate of the Commissioner of Public Works of the County of
Nassau, or his or her duly authorized deputy, that such proposed excavation
and the finishing grades of such property as shown on such map will
not interfere with the Comprehensive Drainage Plan of the County of
Nassau and will not endanger any public road, street, highway or any
public property.
C.Â
A certified copy of the deed or copies of proof by which the applicant
claims ownership of the property, with the liber, page and place of
record thereof, if recorded.
[Amended 1-21-1997 by L.L. No. 3-1997; 11-21-2005 by L.L. No. 11-2005]
Before the issuance of a permit required by this article, the
person to whom the permit is to be issued shall execute and file with
the Village Clerk a bond approved by the Village Board of Trustees
in an amount to be fixed by the Village Board of Trustees, but not
less than $10,000 for residents and $25,000 for all others, with a
surety company authorized to do business in the State of New York
as a surety and conditioned for the faithful performance of the terms
and conditions contained in this chapter and the observance of all
municipal ordinances and to indemnify the Village for any damage to
the Village. In lieu of providing a bond, a cash deposit in the full
amounts required in this section shall also be satisfactory to satisfy
the terms and conditions of this provision of the law.
[Amended 1-21-1997 by L.L. No. 3-1997]
The Village Clerk shall charge and collect for a permit issued
under this article a fee, as set forth from time to time by resolution
of the Board of Trustees, per cubic yard of topsoil and per cubic
foot of subsoil removed.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
Any permit issued pursuant to this article shall be subject
to the rules and regulations of this chapter, which are hereby made
a part of such permit but need not be included therein.
[Amended 1-21-1997 by L.L. No. 3-1997]
A permit issued under this article shall expire by limitation
30 days from the date of its issuance unless extended by the Village.
