[Adopted 10-24-1967; amended in its entirety 12-12-1967]
A short title for this article shall be the "Minor Excavations
and Regrading Ordinance."
For the purposes of this article, the following terms shall
have the meanings indicated:
An excavation or regrading project involving residential
lots containing less than two acres and having existing homes, where
earth is to be removed or rearranged by the taking away or adding
of material to the extent that an existing elevation is changed by
more than four feet or where earth is affected within 10 feet of the
property line. The provisions of this article shall not apply when
the extent of such excavation shall be limited to the requirements
for the actual construction of a wall, driveway or sidewalk or to
the requirements for the actual construction of a building or structure
or part thereof for which the Building Director has issued a building
permit or to a cesspool or septic tank.
[Amended 5-8-2007]
The Town Engineer is authorized to issue permits for minor excavations
and regrading, as defined above, without prior public hearing or Town
Board approval, upon the conditions set forth hereinafter for a term
not exceeding 90 days and upon such other additional conditions as
he may deem necessary and proper.
An applicant for a permit under the provisions of this article
shall submit the following items along with an application to the
Town Engineer:
A.
A sketch of the proposed excavation or regrading operation, showing
the limits of the proposed work, including grade changes.
An application fee of $25 shall be paid to the Town of Smithtown
on the submission of the application.
Upon receipt of the application, sketch and application fee,
the Town Engineer shall review the submissions and make a determination
as to whether the permit should be granted. The approval, if granted,
shall be indicated by the Town Engineer's signature on a permit which
shall specify any additional conditions which he may deem necessary
and proper. The permittee shall have the permit available, upon request,
to the Town Engineer or any of his authorized inspectors.
The Town Engineer may extend or renew the permit sought for
herein for successive ninety-day periods, provided that the applicant
reapplies and pays a new application fee for each such period.
Within the time of the permit, unless the same is extended by
the Town Engineer, the bottom of an excavation shall not fall below
the established grade at the property boundaries unless the sidewalls
have a naturally stabilized slope which does not exceed one vertical
on two horizontal. In special cases, the sidewalls may be contained
by retaining walls or other structures which meet with the approval
of the Town Engineer and which do not violate the provisions of the
Building Zone Ordinance of the Town of Smithtown.[1]
A four-foot-high chain link fence, having steel upright posts
spaced not more than 10 feet on center and equipped with a toprail,
must be erected between the property line and excavation wherever
an excavation having a depth of more than four feet is dug within
10 feet of any property line.
A.
Any person, firm, association or corporation violating any of the
provisions of any ordinances of the Town of Smithtown shall be guilty
of an offense punishable by fine or imprisonment, or both; however,
for the purpose of confirming jurisdiction upon courts and judicial
officers, such violations shall be deemed to be misdemeanors, and
for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of any ordinance of the Town of Smithtown shall be subject to a penalty
in a sum not exceeding $50 for the first such violation and in a sum
not exceeding $100 for any subsequent violation, said penalties to
be recoverable in a civil action in the name of the Town of Smithtown
as damages.
B.
The Town Engineer or his duly authorized assistants are designated
as administration and enforcement officers for matters covered by
this article.
