§ 25-4. Application for permit.  


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  • Before any grading, filling of land or removal of topsoil is commenced for any purpose other than those excepted in § 25-7 of this ordinance, the owner, lessee or agent of the premises shall obtain a written permit therefor from the Building Department of the Town of North Hempstead. For that purpose such applicant shall file with the Manager of the Building Department a verified application in duplicate for such permit containing such information as required by the Manager of the Building Department which shall include and not be limited to the following information:
    A. 
    A topographical plan or map prepared by a licensed land surveyor, professional engineer or licensed land architect of the premises on which the grading or filling of land or topsoil removal is contemplated showing the existing and proposed contour of the premises, which shall also encompass the area adjacent to the premises upon which the grading or filling of land or topsoil removal is proposed for a radius of one hundred (100) feet, including any public highways lying within such area, and containing the existing elevations of such adjacent areas to the extent necessary to indicate the existing drainage condition.
    B. 
    A statement of the purpose or necessity of the proposed grading or filling of land or topsoil removal.
    C. 
    The Manager of the Building Department may require additional information or waive any of the foregoing requirements where deemed necessary.
    D. 
    Approval of the proposed work by the Commissioner of Public Works of the Town of North Hempstead together with the approval of the Commissioner of Public Works of the County of Nassau or State of New York where the premises abut county roads or state highways.
    E. 
    Approval of the Corps of Engineers where the proposed work is to be accomplished on lands under water within the jurisdiction of said Corps of Engineers.
    F. 
    No stripping or removal of topsoil shall be made within ten (10) feet of any property line and, upon completion of this work, the premises, if below grade, shall be graded to the level of the abutting highway or the original grade if the same were below the level of the highway. Dust-down, or its equal, shall be spread to prevent dust from flying and there shall be left upon the surface of the land from which topsoil is removed not less than six (6) inches of topsoil. No topsoil shall be removed between the first day of October and the first day of April in the following year. All areas from which topsoil is removed shall, during the period between August 20 and October 1 inclusive, be prepared into a loose level seed bed, limed, fertilized and seeded in the following steps:
    (1) 
    Apply ground limestone at the rate of one (1) ton per acre.
    (2) 
    Apply five-ten-five fertilizer at the rate of six hundred (600) pounds per acre.
    (3) 
    Disc area to work limestone and fertilizer into the soil to a depth of at least three (3) inches.
    (4) 
    Smooth area with a smoothing harrow.
    (5) 
    Sow the following seed mixture at the rate of one hundred (100) pounds per acre:
    Seed Types
    Number of Pounds
    Timothy
    30
    Kentucky bluegrass
    25
    Redtop
    10
    Perennial rye grass
    30
    Alsike clover
    4
    Wild white clover
    1
    (6) 
    Brush in seed lightly.
    (7) 
    Roll firm with ground roller.
    G. 
    Topsoil removal permits shall expire by limitation sixty (60) days from the date of issuance unless extended by the Manager of the Building Department, and no permit or permits shall be granted for removal of more than four (4) acres of topsoil from any one (1) tract of land until full compliance with this ordinance is had under any existing permit for the same tract, except the preparation of the ground and seeding as provided in § 25-4F hereof; and no permit shall be valid except between April 1 and October 1 of any year.