HomeMy WebLinkAboutTB-07/28/1964 4 4
MEETING OF. JULY 28, 1964
The Southold Town Board met at the office. .of the Supervisor, Lester
M. Albertson, at Greenport, New York on July 28, -1964 with.- the- follow-
ing- present: Supervisor Albertson Councilmen Demarest.-and Valentine.;
Justices Tuthill and Clark;. Town Attorney Tasker; Supt. of Highways
Price; Town Clerk Richmond
Moved by Justice -Clark; seconded by 'Justice Tuthill:
RESOLVED: That the minutes of the meeting .of July 7th and -July 14th,.
1964 be and they are hereby- approved.
Vote of Town 'Board:Ayes-Supervisor -Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; -seconded by Councilman Valentine;
RESOLVED: That the next peeting of the Town Board will be held at
the -office of the Supervisor, Lester M. Albertson, at 16 South 'St:
Greenport, New York, on Tuesday, August ll,. 1964, at 3: 00 P..M.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Demarest; seconded by 'Justice Clark;
WHEREAS, this Board heretofore and on the 14th day 'of April; 1964, '
adopted a resolution authorizing the Supervisor to execute deeds
quit-claiming the interest of the Town, if any, in two parcels of
land more particularly described therein, and
WHEREAS, inadvertently the description in one parcel contained error
in distance of one course and the Board now is agreed -to correct and '
amend such description,
NOW, THEREFORE, BE IT RESOLVED: that paragraph B) of the resolution
of April 14, 1964, authorizing conveyance do the Village of Greenport
and May Adams be and it hereby is corrected and amended to read as
follows:
B) to May adams, also known as Mae T. Adams, all. that certain parcel
of land near the Village of Greenport, Town 'of Southold, `County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on 'the northerly side of the Main Road as altered,
distant westerly along the northerly line of said Main Road as altered
from a point marking the intersection of the westerly line of Moore' s
Lane and said northerly line of the Main Road, as altered, about 515 feet,
and running thence northeasterly, along- the northerly line of the
"old highway" about 260 feet to land of the Village of Greenport,
formerly of William H. H. Moore; thence southerly, across said "Old
Highway", 50 feet, more or less, to a point on the northerly line -of
the Main Road as altered; thence in a westerly direction, along the
northerly line of the Main Road as altered, about 255 feet totthe
point or place of beginning.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark..
Moved by Councilman Valentine; seconded by Justice Tuthill:
WHEREAS, Dahl Oil Co. was the lowest bidder for fuel diesel oil for- 1
the Fishers Island Ferry District, and
WHEREAS, the Southold Town Board approved the action of the Fishers
Island Ferry District in accepting the lowest bidder, Dahl Oil Co. ,
to furnish diesel oil to the Fishers Island Ferry District,
NOW, THEREFORE, BE IT RESOLVED: That Supervisor Lester M. Albertson
be and he hereby is authorized and directed to execute said contratt
on behalf of the Town Board.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthal and Clark.
Moved by Councilman Demarest; seconded by Councilman Valentine;
WHEREAS, several residents of Village Lane, Orient, N.Y. request a
30 mile per hour limit on Village Lane, Orient, N.Y. ,
NOW, THEREFORE, BE IT RESOLVED: That the Supervisor be and hereby is
authorized to communicate with the State Traffic Commission and request
it to establish maximum speed limits of 30 miles per hour on Village
Lane, ' Orient, N.Y. and that the Supervisor further communicate with
the Public Works and request him to make a similar request tot-the
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to' the New York, State Traffic Commission.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and
Valentine; ",justices- Tuthill and Clark.
Moved by Councilman Demarest; seconded by Justice Clark;
WHEREAS, Southold Town Planning Board 'has prepared an official report.
and recommendation upon the petitions of (1) Bernard Kaplan for a change
of zone from "A" Residential and Agricultural District to "M" Multiple
Residence District on certain real property situated at East Marion,
N.Y. and ' (2) Vina Baker and' George VanBuren for a change' of zone from
"A" Residential and Agricultural District to "B" Business District on
certain property in Mattituck, N.Y.,
NOW, THEREFORE, BEI IT- RESOLVED:`: That a public hearing will be. held by
the Southold Town Board at the Supervisor's Office, 16 South . Street,
Greenport; New York, on August' 27, 1964 at 7: 30 P.M. on the above
mentioned petitions and that- the Town Clerk be and he hereby is author-
ized and directed to cause a notice of said 'hearing to be published
in the Long island Traveler-Mattituck Watchman pursuant to the require-
ments of law.
Vote 'of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valentine; Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Councilman. Demarest;
RESOLVED: That the Town Clerk of the Town of Southold be and he hereby
is directed to requeat,,�the -Long island Lighting Company to install one
(1) 100 cp street' light on Pole #4LILCO- on Gillette Drive in East Marion
Light District.
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen 'Demarest
and -Valentine;- Justices Tuthill and Clark.
Moved by Councilman Valentine; seconded by Councilman Demarest;
RESOLVED: That Supervisor Lester M. Albertson be- and he hereby is
authorized to request the LILCO to make a survey for street lights
in the Pine Neck area, Southold, -L'.I.
Vote' of Town Board: :Ayes-supervisor Albertson; Councilmen .Demarest
and Valentinev' Justices Tuthill and Clark.
Councilman Demarest introduced proposed Local Law #2 entitled. "A Local
Law eelating to the- establishment of a police -department for the Town
of Southold: -The proposal was placed on- the desks of -all members present
July -28-;'. 1964 ii ,
' 'A- letter,was received from Senator Kenneth Keating, assuring:us of his
.willingness to work with -the Town of Southold and. the -County of Suffolk
in providing whatever assistance is available to establish a Marine
Technology course at the Suffolk County Community College. .as well as
a Marine Technology labor-atory in the Town of Southold:. Letters were
received from St. Peters Lutheran Church `expressing their approval.'of
the recent action of the ,Town Board to remove non-conforming signs;
from W. Veilendahl and from George Bischoll commending the =bay constable
for prompt and*-efficient action in'rescuing a number of young people
whose boat had capsized.
Supervisor-, Lester Albertson advised the Board' of- problem arising out
of the operation of the fish processing plant at East Marion,-.'and. report-
ed"tlat the Suffolk County Department of Health and the .County Executive
have"'been made aware 'of the conditions, and- that the Health Department,
whose responsibility this is, hale been In constant contact 'with- the
management.
Moved by Justice Clark; seconded by Councilman Valentine;
WHEREAS;. a-'Aocal law has been introduced before the Board of Supervisors
of Suffolk 'County which would provide that each Supervisor '.shall have.,
one vote for each 10, 000' residents within the Town of said Supervisor, and
WHEREAS, the Town Board of the Town- of Southold believes that,. in the
absence of any law or court decision requiring such a weighted. vote, the
present method of voting on the Board of Supervisors is in the best
interest of the public,
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RESOLVED: That this Board does hereby- respectfully request that the,,.Board
of :Supervisors not enact such proposed 'Local ;Law. ;
Vote of Town Board: Ayes-Supervisor Albertson Councilmen Demarest-tand, .
Valentine; Justices Tuthill and Clark.
Moved by.. Justice Clark; .seconded by Councilman Demarest;AN ORDINANCE REGULATING AND CONTROLLING THE . -
EXCAVATION AND REMOVAL, OF SAND, . GRAVEL,.
TOPSOIL AND OTHER MATERIALS. . , -. -
This ordinance shall be known-.as. "THE EXCAVATION ORDINANCE OF. -THE TOWN
OF SOUTHOLD" .
SECTION I
.The regulation -and control of the "general regrading of -land, ex-
traction. and removal of earth products, and ,other,-excavations are necess-
ary to protect and to prevent serious and -irreparable damage to the. public
health, safety and general welfare .as. well- as to make effective the gener-
al purposes of comprehensive planning and zoning.
SECTION II
These regulations and controls are intended to prevent the follow-
ing conditions from occurring:
(a) the interruption and diversion of natural watersheds and
drainage lines resulting in inadequate and improper surface water drainage;
(b) the-erosion of ; soil by water: and ,wind;
(c) the- decrease in or destruction of fertility of the land;
-(d) the removal of lateral support of .abutting .streets, ,lands,
and premises;
(e) the creation of dust storms, and mosquito breeding places;
(f) the creation _of: dangerous banks, depressions., or pits;.
(g) the interruption of suitable access roads to other lands
and the disruption .of the future road pattern_;:
(h) the ,rendering -of.. lands -unfit or . suitable - for their most
appropriate uses
(i) the depreciation of property valu%es, and
(j) the creation . of other deterrents to the coordinated :,
and harmonious physical development of the -Town of Southold..--.
SECTION III, .-:Operations Regulated
No lands. or'. other shall be: operated or used as -sand and
gravel pits, or for the excavation or removal of sand, gravel,- .stone or
other minerals, or for other excavation purposes, or for the, stripping
or removal of topsoil therefrom without a currently effective permit
issued -by the. Town .Bgard in compliance with the _provisions of-this -ordinance
or unless listed as an exception in Section IV.
SECTION. IV, Exceptions.
.. .The following operations and uses_are. hereby excepted from, the
application of this ordinance. '
•_ (a). Excavation or removal. of sand, , gravel, stone or other:_
minerals or. removal of topsoil on premises, owned or, leased by ,a water.,__.
district., public,.improvement district,: -municipal or other public. or. .
governmental subdivision, authority or department.
(b) Excavation or removal of sand, gravel, stone or other
minerals incident to highway,- sidewalk or driveway construction-on..the
same premises;:
(c) Excavation or removal of sand, gravel, . stone ,or-other
minerals indident to the -construction of1a storm water basin,, rechar.ge
basin: or:,drainage .sump .on_ the, same premises provided that .topsoil: shall.
not be removed from the premises and provided further that before ,commence-
ment of any such operation a fence or suitable barrier shall be erected
around the area of- excavation - in accordance with plans and sPe,cifications
appr.oved. by the Town Board .as_ .adequate.to safeguard. the public in the
particularr circumstances of the -terrain..:.and.-location of the excavation;,
(d)- The moving of. topsoil. or; other, earth from one part to
another of the same .premises as ,an incident-to-building, farming, or
. landscaping;
(e) R.emoval.(:)of excess topsoil or other earth from the area .
of &,,,subdivision. plat which is subject to the jurisdiction of the .Town
Planning-,Board when authorized .by a special order in writing .issued: by
authority,of_.the Town Board; ,
Removal of topsoil or other-.earth, incident. to the: busin-
ess of operating a nursery. '
SECTION V. Permit Standards
The..-Town Board may-,by-resolution in a specific. case., after public
notice and hearing and subject to appropriate conditions'. and safeguards
to--be prescr-ibed by such .Board in. conformity. with this ordinance, and in
accord with .the .guides and standards.herein;:issue a permit for -the use
of_'..:land..:for the .excavation and .removal of sand, gravel, stone or other
minerals or: ,for, .other: excavation purposes or.' for the stripping. or removal
of topsoil.
Such authorization shall not be. granted..unless the Board finds that:
.(a) the. proposed ,operations will.-not: interfere with the' sur-
face water, drainage.-plan of. the area nor endanger any street, : road or-
highway. :
(b) the. .circumstances of the location and .the terrain are
reasonably::adapted to. rehabilitati:on to �he`end that the premises will.
not become desert ..or waste land following completion of. operations, and
(c) the circumstances of..the: location and the terrain .are:
such-that.-conditions and safeguards may ,feasibly.'be imposed to assure
that -the ,premises will not-'constitute an "attractive nuisance" or endanger
the:�safety-;of children.:
(d) the. use will not cause undue .traffic hazards;. and
:- (e) the use ,will. not cause undue.vibration, noise or wind.
blown dust or sand;_ and ,
(f) the use will not change the established character of the
neighborhood or depress the value of other lands generally in".such
neighborhood;. 'ana,::
� (g):.-the proposed operations are .'set .back .at least. 2.00 feet .
from any road, street, avenue or highway and are set back at -least} 100 .feet
from any property line,.: provided, however,. ..that. in the, case of operations
in _exis:tance at the effective.-.date of; this ordinance, where the present
front, side :or rear setbacks. of:such operations are less than ,.the .re-
quiremeAts...hereof, such .'operations shall not be extended beyond such :
present ..front, side or .'rear setbacks. lines.,
. (h) .the proposed. operations are to-- be conducted upon premises
having, an: area- of::not.. less than 20 .acres;:.provided, however, that the
provisions.,;..of:his paragraph shall not :apply in .the case .of :'operations in
existance:-�'at the effective -date - of this ordinance upon premises having
an area -.of Tess than 20. acres.
SECTION,,VL. Application for Permit.
Before any excavation .is -;commenced. for any purpose other than those
excepted in Section IV _of• this ordinance or topsoil, earth, sand, gravel,
stone .or other minerals are removed from -the ground, the :owner, lessee
or agent ,.of, the: premises'.shall., obtain :.a .written permit, -therefore from
the Town .Board.- For that purpose such applicant shall file with the:,Town
Clerk' of the -Town of_Southold :anzpplication in duplicate for such permit,
which- shall`. set forth and .include:.
(a) An .:application containing a, detailed .statement of� the
proposed operation, a,plan of- the .area proposed for excavation'•or for -
remoVal -.of. topsoil :showing the: condition :of the" plot or premises before
operations are.'commenced,: and the proposed conditions of .-said plot,.-or
premises :after the.:.work .is .completed; -:such plan shall .be pr.epar.ed by a
duly- licensed ..engineer or land surveyor. of: the State. of ,.New York, shall
be drawn .to.:.scale and shall show all the .streets adjoining the .property,
the. loeation and dimensions of the..premises .upon- which":it is. proposed to
excavate, and .location, size -.and use .'o.f any existing. buildings; :.
(b) A topographic :survey of .the pr-operty prepared by a- duly
licensed engineer or,.land .surveyor of..the State. of .New, York, showing con-
tours at.- ten .foot intervals, using :Coast .and Geodetic Survey datum; : .:
,,, ,(c)_..A,.duly acknowledged._ consent.,in writing of the..owner of .'.
the premises and mortgagee, i:f any, including his .or their-.addresses;
348
(d) Receipted tax.bills or a photostatic copy thereof
or:;a letter signed..by..the Receiver of Taxes of. the Town 'of Southold or-
by the. Suffolk County Treasurer or .by any title insurance, abstract or
searching company authorized to do business-An -Suffolk County, certify=
ing that all taxes .and assessments.-against the property described in
the application have been paid =
(e) The names and addresses of all property owners of re-
cord within two hundred :(200) feet of the outside::boundaries of
premises within which. operations regulated-.by this ordinance':-are..pro-
posed to .be performed. :
(The following. .items (f)..:and : (g) . shall be supplied un
less waived by the Town Boa3d..under .Section X of this ordinance) ;
(f) A proposed comprehensive plan for the rehabilitation
of the .premises together: with a schedule of .progress therefor. The-:_
proposed plan of rehabilitation shall set forth the ultimate contour '-
and grade of. .the area upon .completion.:thereof: and shall.'.describe )the- :.,
areas to be refilled,. .topsdiled and.:seeded, and. shall specify the amount
and extent ,therof to be. performed before. December. 31st of 'the -year for =
which a permit or renewal of a permit is being applied for;
(g) An estimate prepared. by. :a dulylicensed i engineer
or..land surveyor of-,the State of New York.-of the ..total number .of-,cubic'
yards ,of material 'to be. removed .fr.om the property pursuant to such plan
during. the..permit period.or renewal thereof.
.An application. for a permit. for sod farming need not.
include. the.-Information required by. subdivisions (.a)., (b) ,. (d:)., : (f) :`
and (g) above. Such application shall set forth a. detailed .statement .
of the proposed sod farming operation, a plan- of the area to be used
for..that. purp.ose ,showing. its existing condition, and the material and
information required by subdivisions (c) and (e) above..
SECTION V.M; Regulations
Compliance with the following regulations shall be a continu=
ing. condition o.f:the• validity'..and. existance of any permit granted or
renewed hereunder.. =
(a) When required by the Town- Board as necessary for the
protection of .the'-health,. safety:and general-:welfare of- the public, for
the- preservation of. property:values in the neighborhood -or: to facilitate
the proper drainage of surface water or- appropriate -use of: land,- in.-:.
accordance with the standards pr.escribed.:In. Section V, the:premises
on. which. operations. regulated -.by this ordinance are performed shall be
rehabilitated; in accordance. -with. a. plan: of-rehabilitation and. schedule
of progress therefor approved by the - Town Board which plan and- schedule
shall be filed -.in the office. of the _Town. Clerk. and is hereinafter.. r'e-,-
ferred to as the approved plan of rehabilitation: Such .-plan .-of rehab
ilitation may provide for a partial restoration of the property involved,
pending the completion of operations .regulated .by: this ordinance, and
need .not include -the. delineation of streets:.
(b) When required by.the. Town :Board as- necessary for the,
protect iop- of the :public.,.: barriers: consisting --of wire . fencing; of: the-, .
type known as chain link or cyclone .fence, ..or its equivalent, . of". such ,=:
height :as shall -be .specified .by the. Town. Board as necessaxy: for .the' pro=
, tection of the public. considering-. the particular circumstances of the .
terrain and location, substantially erected .and with -no opening-"except -
necessary :gates'- for ingress and..egress shall::be -erected to•;prevent public
access to the top of aiy pits or.: steeply graded- slopes,. . ..
(c) Bank and pit :excavations :shall: not .extend: nor .'shall
topsoil.-be stripped or'. removed within one: hundred,,fifty (15-0 ft::)- :feet
of, any property line and two hundred (200 . ft.) .feet from` the-.front;Aine
of.-any street, road, .-avenue or..- highway.,except. when: incident--�to<,th'e!: con
struction of a cellar, . except:--that in case of a bank excavation lthe: -
same may begin -at a street .or road wine. The term :bank excavation-trefers
to an excavation. which' -is': not carried below the grade of--thee street.
or. road menioned in the pr.eceding. sentence:
(d) All slopes shall be excavated: and:maintained during oy .::_::;.: C}
operations at safe angles of"repose to. pre' ent erosion =thereof and egos-
ion or collapse of. upper grade surfaces. above-- such. slopes; .and final slopes
shall note be inclined steeper than one foot verticU.:on one toot�hbfi'zorital.
All slopes. shall be protected against collapse:: or erosion by the construct-
ion of proper drainage ditches back of the lip or edge thereof.
349
(e) Dust-down or a similar dust layer shall be spread on
access roads and other traveled areas, to protect the public and the
countryside against windblown sand and dust-.
(f)- Topsoil - stripped in -connection with 'operations regulated
by !this- ordinancediall not be- removed from the premises and shall be
preservedsifor .use'. it ' connection with rehabilitation, provided,- however,
that any- excess topsoil may be removed after rehabilitation has been
completed.' Excess topsoil As any topsoil- in excess of that required to
allow a' cover of a.t--least 6 inches over any area- on' which topsoil is
requ ire dto be respread by this ordinance. This paragraph shall not-
apply to sod farming authorized by permit and performed in conformity
with the conditions and safeguards prescribed under this ordinance.
(g) Topsoil set- aside and -preserved for use in accordance
with subsection ' (f) of- this' section -shall-. be respread -upon the.--surface
of the land from- which topsoil or-- sand and gravel have been stripped .
or removed-:excepting areas- which are laid out as streets, parking lots
or areas to be occupied by buildings on. a..subdivision plat approved by
the Town Planning Board.
(h) Upon completion of -any operation regulated-:by this or-d-
inance'the excavation area shall be .refilled -and graded to such reason-
able level-:as maybe specified ln. the approval plan of rehabilitation.
(i) All material vused as fill shall be free from garbage,
refuse, ' offal-, combustible, or any .deletrious or unwholesome matter-.
_: (j) All areas on which topsoil:has been respread .as required
hereinabove -shall be prepared for and seeded with -grass unless other.
vegetation :or planting with vines or other: covering is. specified in an
approved plan of rehabilitation.
(k) Adequate provisions shall be -made for. the prevention of
the accumulation of water from an.y source ,as a result of such operations.
Al) No excavations shall be -made which shall cause pollution
to any underground water supply by salt water intrusion or other causes.
(m) The setback areas shall not be used for the storage of
any products or other -materials or equipment.
(n) Natural vegetation -is to remain undisturbed within the
setback =area. In cases where natural vegetation is ,_inadequate in .such
area to provide proper screening,-: a suitable planting of shrubbery shall
be required.
(o) The operations shall ,comply:with :all- statutes, ordinances,
rules and regulations applicable- thereto.
(p) The issuance of a' permit hereunder:diall .not constitute:
authorization for washing, screening- or other processing-:of excavated
materials unless expressly authorized -by (such. permit.
SECTION VIII. Permits and Renewals thereof.
Permits may- be issued 'or renewed by -the Town. Clerk 'at. the direct-
ion of the Town Board upon compliance by :the- applicant with this ordinance.
Permits may be issued fora period -not exceeding one. year and may be re-
newed for successive periods .of. one year provided that the .regulati'ons
prescribed: herein. have been complied with and upon ;furnishing the infor-
mation required by Section VI insQfar :as . applicable to .the' renewal period,
upon payment of_ any additional'. fee required by this ordinance and aupon
furnishing such additional- bond- or- security in .an amount approved by
the :Town Board -as sufficient to insure compliance with these regulations
during- the renewal period 'including .performance of -the approved plan .
of rehabilitation on the areas covered by the renewal permit.
-SECTION -IX -�Bond= or Cash Deposit. ..
(a) Before the issuance of a permit -the applicant. and :the.
:owner, of record --of the -premises shall 'execute. and fil:eriwith .the Town.
Clerk, a surety =bond in -the amount required by. the Town: 'Board condition-
ed upon -,the faithful and -punctual performance of the work-required to be
' performed- by the approved plan of rehabilitation on the area- covered- by
-the-:permit and upon compliance with the other :regulations contained -in
this- ordinance and to indemnify the Town of Soubhold. and/or the Superin-
tendent -of Highways ' for -any--damage..to town property_•and for the cost' of
taking over- .such performance,.;in case of- default.': In case of -any default
or failure to perform the work required to be performed and to furnish
the materials required :to be --furnished by said approved -plan of rehabil-
"itation at or before the times: specified iri- the schedule of progress
350
approved in _connection therewith, or.:to .do any of the other things re-
quired to be performed by this ordinance such bond ;shall .be. forfeited
upon written':notice of such: de.fault ,or failure being mailed by .regist-
ered mail to the permittee at -the address stated _in,.the application
, and upon, failure by the permittee to cura. such default within .sixty
(60) days after the mailing of such notice. The ..sixty.-day .notice., of
such default or failure of performance .may be-.given at Any time after
such default or'. failure of performance :and no default or failure ..o fn -
performance shall be- deemed waived. or excused by any delay or failure..
to mail notice thereof or by :any. subsequent-:renewal of a permit under
this ordinance.-
(b) Said bond shall .remain, in; full_ force and effect
until released or .until the original .amount .thereof is reduced by :
the -Town Board upon issuance .of a certificate :of completion or of.,
partial. completion. by the Town-: Board, certifying that all provisions-,
of this. ordinance: and. conditions of the.permit have been fully,, com
plied with. Application for such certificate shall be -made:by _the.. per-
mittee', .owner, :lessee..or his_-.agent to the .Town Clerk and .shall be
accompanied by ,a map drawn to..scale showing the affected property,_
giving elevations thereof at__ten (10), :foot':.intervals, prepared by a
duly 11cenced engineer .or .land..surveyor .;of .the. .State- of New York
after :the completion of the .operations who shall also certify as . to
the amount of topsoil remaining upon ground.required to be respread
with -topsoil by Section.9il hereof, and. that such .area has been seeded '
in compliance with this ordinance :and that the other conditions of
the approved plan of rehabilitation have been fulfilled. :
(c), In lieu of .such, bond a' cash deposit or. deposit of
negotiable securities may be made with. the.: Supervisor of_:the Town.
subject to the approvals; conditions and forfeitures specified herein-
above in the. case of.a bond. :
SECTION X, Power of Waiver Reserved by Town:Board_.
. .If the. Town Board shall determine upon .the request of an
applicant :for a permit .that no .substantial .r.ehabilitation of.:the -
premi.ses .will become necessary:.as; a result..of. the proposed operations,
or on any application pertaining to an operation in existance.:.at the
time. o.f enactment of. this ordinance,. or whenever the applicant shall
satisfy the Board that unusual hardship.shall exist,.:-the, Town .Board,
in its discretion, may waive any. or all .of .the requirements of this
ordinance by resolution of the ,Board- and.:the, Town.,Clerk shall then issue
the permit at the, :ditection of the Town :Board.
SECTION XI. Fees.
Before .a permit shall be issued :or renewed, the applicant
shall pay to the Town' Clerk :the. following :fees:
(a) Sardbank and :pit excavations: a fee of $50.00 .to.-be
paid with the :filing of .the.. application for a: permit; . which fee shall
be for the. first year of .the operations of .said -permit. A .fee of. $50_.00
is to be paid in each year for. the renewal of .such permit.:.. and.:
(b) Topsoil removal: a minimum .fee of $10.00 . for- an: area
exceeding 10, 000 sq. ft. .Such:-.topsoil removal,.permit fee -shall-..be'..for
a.-period.of one (1) year and a similar fee-,sball-be paid upon the. re-..
newal of said permit upon the .basis of the-.,charge herein set forth':_.
SECTION XII. Public Hearing.
Except as set forth in Section.,X, no permit authorizing, oper-
ations .regulated .by this .ordinance shall be: issued,. for the first time
under this ordinance until after .a. public -hearing :by' the: Town .Boar.c in
relation thereto, at which parties: in interest and .citizens shall have
, an opportunity: to be heard. Public hearings need not be-. held on renew- •
als of-permits :previously issued under this ordinance pr-ovided .that. the
area covered by .the: renewal :does :not .extend..beyond the area :of operations
.previously authorized. At least ten (10). .days notice of -the:,time- and
place of such hearing.: shall be :publishdd in one: newspaper_. designated
for official town notices- and: a written .notice .of -any application,.for
a .permit :shall be .mailed .by the applicants to the owners of record, _as
.-set forth in. the application, of .properties within_.two hundred :,(200)
feet.:.of. the. outside boundaries _of .the premises within. which _operations
3.51
regulated by this ordinance are proposed to be performed.
SECTION XIII. Penalties.
For .any and every violation of' the provisions of this 'ordina�nce,
the owner, -general agent, le.ssee. or tenant of any part of the premises
of which said violation . or any part thereof has been committed. or
shall exist, and -the general agent, engineer, surveyor,_ contractor or
any other person who knowingly permits, takes part, or assists in any
such violation shall. exist, shall be guilty of, an. offense, .punishable
by a fine not exceeding $50.00 or imprisonment' not' exceeding six months,
or both. Each day's continued violation of this ordinance after- written
notice thereof shall constitute a separate additional. vi.olation. Such
fines or penalties shall be collected as like fines are now by law
collected.
SECTION XIV. -Separability.
If any clause, sentence, paragraph or section of this ordinance
shall. be adjudged by any court of `competent jurisdiction to be invalid,
such judgment shall not impair o 1.r. invalidate the remainder hereof but
such adjudication shall be confined in its operation to the. clause,
sentence, paragraph or section directly involved i:n .the controversy
in which judgment shall have been rendered.
SECTION XV. Repealer..
It is further provided that as to sand and gravel pits, excavation
and -topsoil removal- businesses maintained and in operation. at the
date of ti-a adoption of- this ordinance, that such businesses and oper-
ations are hereby granted until March 1, 1965 to obtain permits and
licenses, as provided in this ordinance, and except as-bnereinabove
provided, shall. take effect immediately upon publication and notice
of adoption thereof,. as provided by .the Town Law of the State of New
York.
Dated: July 28, 1964. Alliert W: Richmond
Town Clerk
Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest
and Valehti:ne; Justices Tuthill and Clark.
Adjournment. Albert W. Richmond
Town Clerk