§ 45-3. Application for permit.

Before any excavation is commenced for any purpose other than those excepted in § 45-9 of this ordinance and topsoil, earth, sand, gravel, rock or other substance is removed from the ground, the owner, lessee, trustee, occupant, agent or any applicant in connection with the premises shall obtain a written permit therefor from the Commissioner of Public Works of the Town of North Hempstead subject to the approval of the Town Board. For that purpose, such applicant shall file with the Commissioner of Public Works of the Town of North Hempstead a verified application for such permit, in triplicate, containing:

A. 

Vertical aerial photograph, enlarged to a scale of at least one (1) inch equals two hundred (200) feet, from original photography flown at a negative scale no smaller than one (1) inch equals one thousand (1,000) feet, and certified as flown within one (1) year prior to date of application. The vertical aerial photograph shall cover all land requested in the permit application; all contiguous land five hundred (500) feet of which is or has been used by the owner or lease-holder applicant for sand and gravel extraction, processing storage or other permitted use; all lands and waters within one-half (1/2) mile of proposed planned mining area; and all public or private roads which are providing or may provide access to the property. The boundaries of these items shall be delineated using colored overlays.

B. 

Identification plat, prepared by a surveyor licensed by the State of New York, at a scale of one (1) inch equals one hundred (100) feet. This plat shall show:

(1) 

Boundary of the entire planned mining area by courses and distances, or plotted deed description.

(2) 

Site topography and natural features, including location of watercourses within the planned mining area.

(3) 

Proposed locations of transportation access to the proposed operation by land and water.

C. 

A statement prepared by a geologist indicating:

(1) 

The average thickness of overburden within the area of proposed operations.

(2) 

The quality of material to be excavated.

(3) 

The elevation of the water table throughout the planned mining area for which permit is sought, such elevations to be taken at sufficient intervals selected by the geologist to determine the proximity of the water table and the direction of flow in the aquifer within the proposed area to be excavated.

D. 

Sectional map at a scale of one (1) inch equals two hundred (200) feet covering the area within one (1) mile of the boundaries of the land included in the permit application, showing existing classification of all land and water appearing on the map as shown in the Official Zoning Map, and all roads, streets, alleys, parks, beaches and bays and other public or governmental areas in public ownership or on public rights-of-way, or proposed on master plans of local and regional planning agencies, and all railroad rights-of-way within the area covered by the map, and the names thereof, and prepared, signed and sealed by an engineer or surveyor licensed by State of New York as to property lines.

E. 

Operations plan for operation of the sand and gravel deposit, to be presented on a transparent overlay at the same scale as the vertical aerial photograph and delineating:

(1) 

Area of active excavation.

(2) 

Area proposed for excavation.

(3) 

Area of active settling ponds and washing plant facilities.

(4) 

Area proposed for settling ponds and washing facilities.

(5) 

Area of existing treatment facilities and sand and gravel storage.

(6) 

Area proposed for treatment facilities and sand and gravel storage.

(7) 

Area of production facilities for resource-related industry.

(8) 

Area proposed for production facilities for resource-related industry.

(9) 

Location of existing and proposed spoil areas and plans for final disposition of spoil.

F. 

The plan shall include the elevations of all abutting properties to the extent necessary to indicate the existing drainage condition where the same affects the subject property.

G. 

A duly acknowledged consent in writing of the owner of the premises and mortgagee, if any, including his or their addresses.

H. 

Receipted tax bills or a certificate from the Receiver of Taxes of the Town of North Hempstead and the County Treasurer of Nassau County showing payment of all taxes, assessments and a sworn statement that there are no other outstanding obligations to date against the property described in the application.

I. 

A certificate of the Commissioner of Public Works of the municipalities whose highways abut the site of operation to the effect that the proposed excavation shown on the plan will not endanger such highways.

J. 

A certificate from the Commissioner of Agriculture and Markets of the State of New York, or his duly appointed agent or representative, stating any topsoil to be taken in the area described in the application is apparently free of golden nematode of potato.