No sandpit or gravel pit shall be operated and maintained, and no topsoil shall be removed from any premises, and no land or other premises shall be used for any excavation or for the removal of sand, gravel, stone, topsoil or other minerals therefrom, except where a currently effective special use permit shall have been issued by the Zoning Board of Appeals in conformance with the requirements of this Article or where such operation is listed as exemption in §198-79. The Zoning Board of Appeals shall in no case issue any such permit for land in any district other than a General Industry District.

The following operations involving the excavation, removal or moving of sand, gravel, stone, topsoil or other minerals on or from any land or other premises are exempted from the requirements of this Article:

A. Operations conducted on premises owned or leased by the Town of Huntington or the State of New York.

B. Operations incident to the construction of a street, sidewalk or driveway, provided that topsoil shall not be removed from the premises.

C. Operations incident to the construction of a stormwater basin, recharge basin or drainage sump, provided that:

(1) Topsoil shall not be removed from the premises.

(2) A fence or suitable barrier shall be erected around the area of such excavation in accordance with plans and specifications approved by the Director of Engineering, Building and Housing prior to the commencement of any excavation.

D. [Amended 2-3-70 by Ord. No. 70-ZC-6] The moving of topsoil or other earth from one part to another of a premises where incident to building, farming or landscaping. For the purpose of this subsection, the following terms shall have the meanings indicated:

BUILDING - The necessary excavation that does not substantially affect the topography and contour of the land that is incident to the erection of a building.

FARMING - The necessary removal of vegetation incidental to the harvesting and planting of crops that does not affect the topography and contour of the land.

LANDSCAPING - The planting or removing of trees, shrubs, bushes, grass or other vegetation that does not substantially affect the topography and contour of the land.

E. Removal of excess topsoil or other earth from any area shown on a plot which is subject to the jurisdiction of the Planning Board, when authorized by special order in writing issued by authority of such Board, on receipt of a certification of excess yardage from a registered engineer or land surveyor and a written verification from the Department of Engineering.

F. Removal of topsoil or other earth where incident to the business of operating a nursery or sod farm.

G. Removal of earth, exclusive of topsoil, where incident to the construction or erection of a building.

(1) This exemption shall not apply:

(a) To nonresidential construction otherwise subject to the jurisdiction of the Planning Board.

(b) Where any portion of the material to be removed is more than five (5) feet above the grade of abutting streets or highways.

(c) Where rehabilitation of the premises is necessary for the protection of adjacent property.

(2) In cases involving removal of material more than five (5) feet above the grade of abutting streets incident to residential construction on premises not subject to subdivision requirements, no building permit shall. be issued unless the Planning Board shall find that the provisions of §198-81 will be substantially complied with.

H. Removal of and piling of earth incident to the installation, enlargement or repair of a cesspool, septic tank, dry wen or swimming pool, provided that a fence or suitable barrier not less than four (4) feet in height shall be erected around the area of such excavation if the area is unguarded. [Amended 2-3-70 by Ord. No. 70-ZC-6]

A. Before any excavation for which a special use permit is required shall be commenced, an application shall be submitted to the Director of Engineering, Building and Housing on a form prescribed by him. Site plans and statements shall accompany such application as follows:

(1) A detailed statement of the proposed operation.

(2) A plan of the premises or site, prepared by an engineer or land surveyor currently licensed by the State of New York, drawn to scale and showing:

(a) A boundary survey.

(b) The area or areas proposed for excavation or topsoil removal.

(c) Condition of the premises before operations are commenced.

(d) Proposed condition of the premises after work is completed.

(e) Streets which adjoin or lie within two hundred (200) feet of the property.

(f) Location, size and use of existing buildings on the premises.

(3) A topographic survey of the premises showing contours at ten-foot intervals, based on Coast and Geodetic Survey datum and prepared by an engineer or land surveyor currently licensed by the State of New York. In cases where the Director of Engineering, Building and Housing shall determine that adequate findings cannot be made with ten-foot contours, he shall specify more precise contour data, not to exceed two-foot intervals.

(4) A duly acknowledged consent for the proposed operation, executed by the owner of the premises and mortgagee, if any, including the addresses of such parties.

(5) Certification that all taxes and assessments against the property described in the application have been paid, in the form of receipted tax bills or photostatic copies thereof or a letter signed by the Receiver of Taxes of the town or by the Suffolk County Treasurer or by a title insurance company licensed to do business in Suffolk County.

(6) The names and addresses of all owners of record of property within two hundred (200) feet of the exterior boundaries of the premises described in the application, except that where all contiguous properties are owned by the applicant, such lists shall be the names and addresses of all owners of record within two hundred (200) feet of the exterior boundary of all contiguous property owned or controlled by the owner or applicant.

(7) A proposed comprehensive plan for the rehabilitation of the premises, together with a schedule of progress therefor. Such plan shall indicate the proposed final grades and contours to be established at the completion of the operation and shall describe the areas to be refilled, topsoiled and seeded and shall specify the amount and extent of rehabilitation to be completed before December 31 of the year for which a permit or renewal of permit is requested.

(8) An estimate of the total number of cubic yards of material to be removed from the premises during the period for which a permit or renewal thereof is requested. Such estimate shall be prepared by an engineer or land surveyor currently licensed by the State of New York and shall be verified by the Department of Engineering, Building and Housing.

(9) An application for a permit for a sod farm shall include a plan of the area to be used for the purpose, showing existing conditions and buildings and adjacent streets, and statements describing the proposed farming operation and the condition of the property after the operation is completed. In addition, only the information described in Subsection A(4) and (6) above of this section shall be required.

B. The Director of Engineering, Building and Housing shall review the application and supporting plans and engineering information and shall transmit such ap plication to the Board of Appeals within thirty (30) days of the time that all required information is received in correct form.

The Board of Appeals may, after public hearing, authorize the issuance of a special use permit or a use regulated by this Article. Such authorization shall not be granted unless all applicable provisions of this chapter have been met and unless the Board shall find that:

A. The proposed operation will not interfere with the surface water drainage of the area nor endanger any street, road or highway.

B. The plan is adapted to the location and terrain in such a way that rehabilitation can be accomplished, and the area will not become desert or wasteland on completion of the operation.

C. The circumstances of location and terrain are such that the premises will not constitute an attractive nuisance or threat to the safety of children.

D. The use will not cause undue traffic hazards.

E. The use will not cause undue vibration, noise or windblown dust or sand.

F. The use will not change the established character of the neighborhood nor depress the value of property in the neighborhood.