[HISTORY: Adopted by the Board of Trustees of the Village of Northport 3-4-1980 by L.L. No. 2-1980 (Ch. 60 of the 1966 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
The Board of Trustees of the Village of Northport finds that certain undesirable effects may arise from the unregulated regrading or filling of depressions in land. Such unregulated activity can give rise to the creation of potentially dangerous conditions of land and may affect property values as well as the health, safety and welfare of village residents. The purpose of this chapter is to promote and protect the health, safety and general welfare of the community by regulating the regrading of land and the filling of depressions in land.
It shall be unlawful to regrade, alter or change the contour lines or conditions or to fill depressions on land wherein such alteration, change or filling requires the movement or displacement of 10 cubic yards without first filing with the Code Compliance Director an application in writing and obtaining a formal permit therefor.
Each application for a permit pursuant to this chapter shall contain the following information:
A site plan showing the existing topography and the degree and location of existing vegetation.
The amount of fill to be added.
A time schedule indicating the anticipated number of working days required and the overall duration of the project work.
A permit fee in the amount of as set forth in Chapter 147, Fees, in any cash or certified check or money order.
The legal description of the property involved, including the lot number, street number and, if available, metes and bounds.
The full names and addresses of the owner or owners.
The techniques that the applicant intends to utilize to ensure erosion control during the work proposed and the slope stabilization technique to be applied to the affected area.
Based upon the approval of the application and time schedule, the Code Compliance Director shall set an amount required for the guaranty of performance. Said guaranty is to be deposited with the Code Compliance Director in the form of either a performance bond issued by a bonding or surety company or a certified check. Such performance bond shall run for a term of not longer than one year.
If the amount of fill required is less than 100 cubic yards, the Code Compliance Director may waive this bonding requirement.
The fill used shall be clean, consisting of topsoil, sand, gravel or stones, and shall be substantially free of degradable material. The fill used shall not contain household appliances or parts thereof nor motor vehicles or parts thereof.
The fill deposited shall be graded in such a manner as to provide that the shape, condition and contour of the site will be in substantial conformity with the recommendations and determinations of the Code Compliance Director or his designated agents, inspectors and employees.
All work permitted pursuant to this chapter shall utilize techniques to ensure erosion control and slope stabilization of the affected area in conformity with the recommendations and determinations of the Code Compliance Director or his designated agents, inspectors and employees.
The Code Compliance Director shall be responsible for the surveillance of the proposed work. His duties shall include investigations to ensure that the proposed work is in substantial conformance with the requirements as set down by the Code Compliance Director or his designated agents, inspectors or employees.
This chapter shall not apply to any project involving a residential or commercial subdivision wherein regrading shall be necessary in order to conform to an approved plat or site development plan or plans, as approved by the Planning Board of the Village of Northport.
Where retaining walls are required by reason of plot grading or terrain, they shall be designed by a licensed professional engineer and approved by the Code Compliance Director.
Retaining walls shall be constructed of structural concrete, reinforced as required, unless special written permission to substitute other materials is approved by the Code Compliance Director.
Retaining walls constructed of railroad ties or similar creosoted timbers may be substituted when the Code Compliance Director determines that such construction is adequate, provided that any such wall shall have a maximum reveal of four feet. There shall be no more than two such walls on the same slope, and the minimum horizontal distance between shall not be less than three feet four inches. Adequate tieback of cribbing shall be provided, and no wall shall be backfilled until inspected.
Stabilization of slopes. All disturbed surfaces shall be stabilized at a slope not steeper than one on three.
A violation of this chapter shall be punishable by a fine of not to exceed $250, imprisonment for a term not to exceed 15 days, or both such fine and imprisonment, for each offense, and each day a violation continues shall be a separate offense.