Village of Lake Grove, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Whereas the Board of Trustees of the Village of Lake Grove recognizes that sand and gravel are valuable natural resources of property owners within certain areas of the village and that in past years the excavation of sand and gravel has proceeded in an unsatisfactory manner resulting in the elimination of ground cover, natural vegetation and the degradation of slopes, radical changes in stormwater runoff and other problems which, in all likelihood, will lead to the permanent sterilization of property within the village; therefore, the purpose and intent of this chapter is to restrict the removal of sand and gravel to those instances where it is absolutely essential to remove said raw materials from a site in connection with the residential, commercial or industrial development of the premises, and further that the purpose and intent of this chapter is to encourage development which utilizes existing slope contours wherever possible so that drainage patterns and existing vegetation will be subjected to the least disturbance as is practicable.
As used in this chapter, the following terms shall have the meanings indicated:
MINING
The excavation, stripping or removal of sand, gravel, stone, topsoil or other materials or other excavation purposes.
A. 
No lands or other premises shall be operated or used for mining operations unless said operations are incidental to the development of the site for residential, commercial or industrial purposes.
B. 
Mining operations shall be limited to the extent necessary to implement the approved site plan or the criteria set forth by the Planning Board where no site plan is required. Said operations may be commenced only after final approval by the Planning Board or final approval of a site plan.
C. 
No sand mine, gravel mine or sand and gravel mine shall be used for a sanitary or other landfill.
D. 
Subdivisions. Mining operations conducted on property that is the subject of an approved subdivision shall be limited to the minimum necessary to accommodate the construction of roads, drainage and placement of houses to be located thereon. Topsoil must remain at the site to be used for landscaping purposes. No restoration bond shall be required in connection with regulated activities within this section if an approved performance bond is in full force and effect guaranteeing completion of the public improvements contained thereon.
E. 
Commercial and industrial development. Mining operations conducted on industrial or commercial zoned premises shall be limited to the extent necessary to accommodate the construction of the structures or uses to be contained thereon and must be shown on an approved site plan.
F. 
Single-family development. Mining operations in connection with single-family residential development on separate parcels (i.e., parcels not adjacent to or contiguous with any other parcel which is under development or the subject of a proposal for development) shall be exempt from the provisions of this chapter, provided that said operations are limited to removal of the minimal amount of material necessary for construction of the residence or accessory use, subject to Planning Board approval, and shall be undertaken only after issuance of a building permit for said parcel.
G. 
The screening or separation of materials may be permitted by the Planning Board in connection with the activities regulated by Subsections D through F hereinabove, except that no screening or separation of materials shall be permitted in any residential district.
H. 
Fees. As set forth in the fee schedule of the Village of Lake Grove,[1] the following fees shall be payable to the village pursuant to an approved grading plan under authority of this chapter:
(1) 
Residential subdivisions and/or site plans and/or road improvement applications.
(a) 
For all residential subdivisions and/or site plans and/or road improvements, a fee shall be imposed as set forth in the fee schedule of the village for all material removed from the entire project in accordance with village requirements for drainage, roads, recharge basins and any other village required improvements.
(b) 
For all residential subdivisions and/or site plans and/or road improvements, a fee shall be imposed as set forth in the fee schedule of the village for all material removed for improvements and/or purposes other than in compliance with village requirements for drainage, roads, recharge basins and any other village required improvements.
(2) 
Commercial and/or industrial subdivisions and/or site plans and/or road improvement applications.
(a) 
For all commercial and/or industrial subdivisions and/or site plans and/or road improvements, a fee shall be imposed as set forth in the fee schedule of the village for all material removed from the entire project in accordance with village requirements for drainage and other village required improvements.
(b) 
For all commercial and/or industrial subdivisions and/or site plans and/or road improvements, a fee shall be imposed as set forth in the fee schedule of the village for all material removed for any and all purposes and/or improvements other than those required for compliance with village drainage requirements and other village required improvements.
(3) 
All fees required pursuant to this chapter shall be due upon final conditional approval of each subdivision section and/or each site plan and/or site plan phase.
(4) 
The applicant must submit a certified engineer's estimate of the amount of material subject to the fees set forth above which shall be reviewed by the Department of Planning, Environment and Development. The Department shall accept, reject or accept with modification each estimate. The final determination of the amount of material subject to the fees set forth in Subsections H(1) and (2) above shall rest with the Commissioner of the Department of Planning, Environment and Development.
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
The mining operations covered hereunder shall not exceed a period of one year from the date of issuance of the site plan approval or subdivision approval. The Planning Board shall have the authority to grant one-year extensions of permits for any operation, provided that the applicant can demonstrate that the extension is necessitated by construction delays caused by acts of nature or other catastrophic events outside of the applicant's control.
The applicant, prior to commencing said activities, must post a bond in such form as shall be approved by the Village Attorney and in an amount to be specified by the Planning Board to guarantee performance in accordance with the approved site plan or the approved subdivision plan. In the event that the regulated operations authorized pursuant to this chapter are not completed within the time permitted, the bond may be defaulted to cover the cost of restoration of the premises. In the event that there is an existing bond, which otherwise conforms to the requirements set forth herein, which was issued to secure performance to the State of New York or any of its agencies, the village may be added as additional named insured thereunder.
The permittee or applicant for all operations authorized by this chapter shall provide to the Planning Board the following documentation, in a form approved by the Planning Board:
A. 
At least annually, a photogrammetric aerial survey of the subject premises.
B. 
At least every three years, a complete topographic survey, to the same scale as the photogrammetric survey, of the subject premises.
Any deviation in operations permitted pursuant to the authority of this chapter from the approved site plan or the approved subdivision map (to the extent of the grading plan incorporated therein) shall constitute grounds for summary revocation by the Planning Board of any permit granted pursuant to the provisions of this chapter.
All costs and special fees incurred by the village in connection with the processing of an application pursuant to this chapter or for the supervision of operations conducted pursuant to a grant of permission pursuant to this chapter including but not limited to engineering reports, on-site inspections and aerial inspections, shall be borne by the applicant and/or permittee of the subject premises.
In connection with the approval of any building permit, site plan or change in use involving mining operations, the Planning Board shall have the power to adopt rules and regulations consistent with this chapter.
A. 
For any and every violation of the provision of this chapter, the owner, lessee and/or agent thereof, including but not limited to said owner's or lessee's engineer, surveyor, contractor or any other agent thereof who knowingly permits, takes part in or assists in any conduct constituting a violation of this chapter or who maintains any premises upon which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $2,000 or imprisonment not exceeding 15 days, or both. Each day's continued violation of this chapter after written notice thereof shall constitute a separate additional offense.
B. 
For any and every violation of the provisions of this chapter, the corporate owner, corporate lessee, and/or agent thereof, including but not limited to said owner's or lessee's engineer, surveyor, contractor or any other person or corporation who knowingly permits, takes part in or assists in any conduct constituting a violation of this chapter or who maintains any premises upon which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $2,000 or imprisonment not exceeding 15 days, or both. Each day's continued violation of this chapter after written notice thereof shall constitute a separate additional offense.
The owner, general agent, lessee or tenant of any part of the premises for which a violation under this chapter has been committed or shall exist shall be responsible for damages caused to adjacent properties, whether public or private, and shall be responsible for the cost of restoring the subject premises in such manner as to ensure that damage to adjacent properties will cease. In the event of any such violation, the Village Attorney is hereby authorized to commence an action in a court of appropriate jurisdiction to restrain and correct said violation and for damages.