Lattingtown City Zoning Code
ARTICLE XII
Site Grading and Excavation Review 1
§ 315-83 Findings; purpose.
A.
The Village Board of Trustees hereby finds that excessive excavation, grading and filling during construction adversely affects the environment and community by creating a visual or ecological detriment. These visual and ecological detriments impair the beneficial use of real property in such areas, impair the stability and value of both the improved and unimproved real property in such areas, prevent the most appropriate development of such areas, produce a degeneration of the property and aesthetic character of such areas and impair the proper relationship between the taxable value of real property in the community and the cost of municipal services provided therefor.
B.
These detriments, singly and in combinations, result in a deterioration of conditions affecting the health, safety, morals and general welfare of the inhabitants of the community. It is the purpose of this article to prevent these and other harmful effects by instituting a review procedure for all building permit applications to the Village prior to the review by the Building Inspector pursuant to the State Building Code.[1]
[1]
Editor's Note: Now the "Uniform Fire Prevention and Building Code."
§ 315-84 Application process.
A.
Every completed application for a building permit for the construction of any building within the Village of Lattingtown, or for the reconstruction or alteration of any building, including any additions thereto, which require any change in grade shall be referred by the Building Inspector to the Planning Board of the Village for review. The referral shall be made prior to the Building Inspector's review of the plans and drawings as required by the State Building Code and shall be made in conformity with this article.
B.
In order to assist applicants in designing and locating structures in harmony with this chapter, the Planning Board may adopt such preapplication review procedures as it deems necessary and expedient.
C.
No building permit requiring any change in grade shall be issued by the Building Inspector unless it first has been approved by the Planning Board.
§ 315-85 Planning Board standards for review.
A.
The Planning Board, in conformity with the purposes and standards of this article, shall review and approve, with or without conditions, or it shall disapprove building permit applications referred to it pursuant to this article. The Planning Board shall approve any permit where it finds that the proposed construction, reconstruction or alteration is an appropriate building site and there is no excessive site disturbance in relation to the surrounding environmental, ecological and natural features of the subject and neighboring lands, including but not limited to topography, vistas, existing patterns of tree and shrub growth, or accessibility or proximity to wetlands, preserves, or historic sites or areas.
B.
The Planning Board, in making its determination, shall examine but is not limited to the following grading standards:
(1)
All work shall be in conformity with the proposed contour plan as approved.
(2)
The terracing of building sites, including mounding of septic tile fields, shall be minimized to the maximum extent practicable.
(3)
The natural elevations and vegetative cover of ridge lines shall be protected from disturbance to the maximum extent practicable.
(4)
All regrading shall blend in with the natural contours of the land. Cuts and fills shall be rounded off to eliminate steep slopes at the top, bottom and sides of regraded slopes. There shall be no pits or depressions and proper drainage shall be provided to avoid stagnant water.
(5)
To the extent possible, tops and bottoms of cut and fill slopes shall be set back from existing and proposed property lines a distance at least equal to the lesser of three feet plus 1/5 the height of the cut or fill, or 10 feet.
(6)
Any disturbance of the grade or surrounding area of a construction site shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods.
(7)
The disturbance of existing vegetative ground cover shall not take place more than seven days prior to commencing grading and construction. Further, permanent vegetative cover shall be planted within three days after completion of grading. Where final grading and permanent planting cannot be established within a short period of time, as determined by the Building Inspector, temporary seeding, mulching or other form of stabilization, as also determined by the Building Inspector, shall be applied. Upon good cause shown, and based upon consideration of the time of year, the soils and slopes involved, and the environmental sensitivity of the area involved, the Building Inspector may modify these specified time periods.
(8)
Measures for the control of erosion and sedimentation shall be undertaken in accordance with the standards and practices as may be deemed satisfactory to the Planning Board.
(9)
Topsoil, for a depth of six inches, that will be stripped from all areas of disturbance shall be stockpiled on site in a manner so as to minimize erosion and sedimentation, and shall be replaced at the time of final grading. No topsoil shall be removed from the site.
(10)
Fill material shall be composed only of nonorganic material, including rock with a diameter that will allow for appropriate compaction and cover by topsoil. No voids are to be created or left remaining in the fill material that will allow further settlement of the fill or habitat for rodents, vermin or other unwanted species.
(11)
After grading, filling or excavating, the premises shall be cleared of all debris.
(12)
The applicant shall deposit or file with the Village an appropriate amount of cash, or if the Planning Board permits, a performance bond in form and with surety acceptable to the Board, in such amount as the Board shall deem sufficient to ensure the faithful performance of the work to be undertaken pursuant to the conditions of approval, and to ensure repairs to any streets (public or private) or any public property damage by trucks or other machinery using the same for access to and from the premises being graded, filled or excavated.