[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:
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.
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.
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:
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.
