Village of Village of The Branch, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
GENERAL REFERENCES

Building and zoning administration — See Ch. 31.

Building construction — See Ch. 32.

Subdivision of land — See Ch. 74.

Zoning — See Ch. 85.

§ 65-1
Declaration of policy. 

§ 65-2
Definitions. 

§ 65-3
Permits. 

§ 65-4
Application procedure and requirements. 

§ 65-5
Standards. 

§ 65-6
Performance bond. 

§ 65-7
Liability insurance. 

§ 65-8
Permit duration; fees. 

§ 65-9
Permit renewal procedure. 

§ 65-10
General exceptions. 

§ 65-11
Enforcement. 

§ 65-1 Declaration of policy.

A. 

The regulation and control of the general regrading of land, extraction and removal of earth products and other excavations is necessary to protect, and to prevent serious and irreparable damage to, the public health, safety and general welfare, as well as to make effective the general purposes of comprehensive planning and zoning.

Editor's Note: See Ch. 74, Subdivision of Land and Ch. 85, Zoning.

B. 

These regulations and controls are intended to prevent the following conditions from occurring:

(1) 

The interruption and diversion of natural watersheds and drainage lines resulting in inadequate and improper surface-water drainage.

(2) 

The erosion of soil by water and wind.

(3) 

The decrease in or destruction of fertility of the land.

(4) 

The removal of lateral support of abutting streets, land and premises.

(5) 

The creation of dust storms and mosquito breeding places.

(6) 

The creation of dangerous banks, depressions or pits.

(7) 

The interruption of suitable access roads to other lands and the disruption of the future road pattern.

(8) 

The rendering of lands unfit or unsuitable for their most appropriate uses.

(9) 

The depreciation of property values.

(10) 

The creation of other deterrents to the coordinated and harmonious physical development of the Village of the Branch.

§ 65-2 Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:

EARTH PRODUCTS
Includes such material as topsoil, sand, gravel, stone and other minerals.
EXCAVATION
Any hole, pit, sidehill cut, stripping or similar condition, except that the provisions of this chapter shall not apply when the extent of such "excavation" shall be limited to the requirements for actual construction of a wall, driveway or sidewalk,
Editor’s Note: See Ch. 74, Subdivision of Land.
or to the requirements for actual construction of a building or structure or part thereof for which the Planning Board has approved a site plan,3 or to a cesspool, septic tank or recharge basin excavation, or to a residential site of less than two acres.
EXTRACTION
All the various methods used in excavating or mining earth products.
GENERAL REGRADING
Any rearrangement of the topography of a property, except that when it does not affect any other property or lot or any natural drainage system, limited regrading for foundation drainage and landscape treatment for residential lots of less than two acres shall be excluded from the provisions of this chapter.
PROCESSING OF MATERIALS
The passing of sand and gravel, as excavated, through any portable or permanent machinery or other structure so as to separate, segregate or otherwise change the natural composition or size makeup of the material. Any process or system which washes the natural material obtained at the site shall also be considered a system which processes materials under the provisions of this chapter.
REMOVAL
The transport of earth products from the property upon which they are naturally located to some other property, whether they remain in their original form or become changed in any way, and whether or not such "removal" is for profit.
SUBDIVIDER
A person or corporation who proposes a subdivision under the provisions of the Village of the Branch Planning Board's rules and regulations for the subdivision of land,
Editor's Note: See Ch. 74, Subdivision of Land.
whether such subdivision is for residential purposes or some other use.

§ 65-3 Permits.

A. 

General procedure. The permit procedure for any person who proposes to remove earth products (topsoil, loam, etc.), or any person, other than a subdivider, who proposes to do general regrading, extracting of earth products or other excavating, as defined in this chapter, shall include the following steps:

(1) 

The applicant shall discuss the proposed project and application with the Village Engineer.

(2) 

The applicant shall file with the Village Engineer the standard application form and required supplementary documents and drawings in triplicate, and shall pay the required application fee.

(3) 

The Village Engineer shall prepare a report with recommendation for the Board of Trustees' action, including performance bond estimate and necessary permit fee, and shall further advise the Village Clerk that the application is ready for the Board of Trustees' public hearing.

(4) 

The Village Clerk shall advertise the Board of Trustees' public hearing and place the subject on the Board of Trustees' agenda.

(5) 

The Board of Trustees shall hold the public hearing, review the Village Engineer's report and recommendation and come to a decision. Upon approval, the Board of Trustees shall authorize the Village Engineer to issue a general regrading and excavation permit and establish the amount of performance bond and liability insurance.

(6) 

The applicant shall file the required performance bond and liability insurance policy with the Village Attorney.

(7) 

The Village Attorney shall, when satisfied as to their form, approve the performance bond and liability insurance policy and file the same with the Village Clerk.

(8) 

The applicant shall pay any required permit fee to the Village Engineer.

(9) 

The Village Engineer shall issue a general regrading and excavating permit.

B. 

Procedure for subdivisions.

Editor's Note: See Ch. 74, Subdivision of Land.
The procedure for a subdivider who proposes to do general regrading in conjunction with the construction of a subdivision which is shown on a final plat and which has received the approval of the Planning Board of the Village of the Branch shall be as follows:

(1) 

The Planning Board shall approve the final plat or other proposed land development under the authority granted by the Village Law.

(2) 

The subdivider shall certify that the proposed plot will be constructed to the line and grade as shown on any approved modifications to the approved regrading plan.

(3) 

Additional requirements. Approval of a final plat by the Planning Board of the Village of the Branch and subsequent filing of the final plat with the Clerk of Suffolk County must be accomplished prior to the start of any regrading operation. Limited regrading for the construction of models or to provide access to interior portions of the property being subdivided may be accomplished with the written permission of the Village Engineer prior to filing of the plat with the Clerk of Suffolk County and after a preliminary map has been reviewed and approved by the Planning Board.

(4) 

Extent of work permitted in subdivision. The following regrading operations are considered necessary in the construction of subdivisions and may be carried out without a regrading and excavating permit, provided that the necessary map approvals have been obtained:

(a) 

Construction of roads and other required public improvements, including the excavations required for the installation of drainage lines, appurtenances, etc.

(b) 

Regrading of lots for the purpose of constructing a dwelling, including excavation required for cesspools, septic tanks, retaining walls, walks, drainage, appurtenances, etc.

(c) 

Construction of a recharge basin or other underground-drainage storage system.

(d) 

Installation of any other improvements, either public or private, which are required by any authorized agency of the Village of the Branch.

(e) 

Installation of required utility services.

(5) 

Certification. Prior to the release of the performance bond, the subdivider shall submit a certification by a duly licensed professional engineer or land surveyor in the State of New York that the finished grade of the land and elevations of buildings are substantially those which were shown on the general regrading plan or approved modifications to the general regrading plan. Foundation elevation plans, when approved by the Building Department and the Village Engineer, shall be accepted as the approved grades for the building shown thereon.

C. 

Responsibility for permit. No contractor, agent for or subdivider of property or property owner shall cause, allow or permit any general regrading, extracting or removing of earth products, or other excavating, as defined in this chapter, to be done in the Village of the Branch except in conformity with this chapter.

§ 65-4 Application procedure and requirements.

A. 

Application form. The standard application form shall be available at the Village Engineer's office.

B. 

Required supplementary documents.

(1) 

A duly acknowledged notarized consent in writing of the owner or owners of the premises, including his or their addresses.

(2) 

A certified estimate prepared by a professional engineer or land surveyor licensed in the State of New York, showing the total number of cubic yards of material to be generally regraded, excavated or removed from the property during each of the described stages of the proposed operation, and the time schedule.

C. 

Required drawing. A drawing at a scale of 100 feet to an inch or larger on a sheet not larger than 36 inches x 48 inches shall be prepared by a professional engineer or land surveyor licensed in the State of New York, showing the following information:

(1) 

The location and survey data of the premises where it is proposed to generally regrade, excavate or remove earth products.

(2) 

All streets adjoining and within 200 feet of the premises.

(3) 

All existing buildings or structures on the premises or within 200 feet of the premises.

(4) 

Existing and proposed elevations at each described stage in the proposed operation for the premises and all land within 200 feet of its boundaries, shown on a horizontal grid system with a 50 foot interval and also on a cross section derived from that grid system. Additional elevations shall be shown at each break in the grades and along the center line of all adjoining streets.

(5) 

Present and proposed surface-water drainage and natural drainage features.

(6) 

A key map at a scale of 600 feet to one inch, indicating the relationship to the highway pattern, school and Village boundaries and zoning districts.

(7) 

A certification by a duly licensed professional engineer or land surveyor in the State of New York that the existing grades and elevations are based on an actual field survey.

The Village Engineer may require additional data or waive requirements in appropriate cases.

§ 65-5 Standards.

A. 

Excavation.

(1) 

No excavation shall be located within 20 feet of any property line.

(2) 

The bottom of an excavation shall not be below the established grade at the property boundaries unless the sidewalls have a naturally stabilized slope, but in no case shall the slope of the sidewalls be greater than one vertical on two horizontal. In special cases retaining structures shall be permitted, but in any case the Village Engineer shall specify such standards as are required in good practice.

(3) 

Before any excavation is started, the area to be excavated shall be enclosed by a six-foot high wire mesh fence and gate. The gate shall be securely locked except when actually in use. The fence shall be installed on posts complete with toprail and bottom coil springs. The line posts, corner posts and gateposts, the wire mesh, the bracing and all other fence posts shall meet the specifications for six-foot-high fencing established by the Village of the Branch for the recharge basin fence and gate, as more specifically described in the Subdivision of Land chapter.

Editor's Note: See Ch. 74, Subdivision of Land.
Where required by the Board of Trustees, galvanized steel-rod ties will be substituted for the coil-spring brace wire. These galvanized steel rods shall be installed at the rate of three tie points per panel at the bottom of the wire mesh. The rod shall be clinched to the fabric and anchored in concrete.

(4) 

Adequate provisions shall be made for the prevention of flying dust and other types of air pollution.

(5) 

The boundaries of the work area shall be flagged with two-by-two-inch wood stakes three feet high or suitable metal rods three feet high, spaced at not more than 100 foot intervals. Stakes that are knocked down or otherwise not easily visible shall be replaced by the permit holder.

(6) 

No excavation shall be permitted without an adequate plan for finished grading and general rehabilitation of the area consistent with the declared policy of the Village of the Branch, as stated in § 65-1. Such finished grading and general rehabilitation shall be covered by the performance bond.

B. 

Topsoil stripping:

(1) 

No stripping or removal of topsoil shall be made within 10 feet of any property line.

(2) 

The collection and storage upon the property of the original topsoil to permit general regrading and excavation work shall be so carried out that it shall not be buried or mixed with material of inferior quality.

(3) 

When topsoil has been stripped, collected and stored or removed from the property, there shall be left, or replaced, not less than six inches of topsoil upon the surface of the land.

(4) 

"Dust-down," or its equal, shall be spread to prevent dust from flying.

(5) 

No topsoil shall be stripped between the first day of October and the first day of April in the following year.

(6) 

All areas from which topsoil is stripped shall, during the period between August 20 and October 1, inclusive, be reseeded as provided in § 65-5 D(5), except when the stripping is preliminary to general regrading or excavation.

C. 

Surface-water drainage.

(1) 

No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands.

(2) 

Where necessary, the required drawing shall indicate adequate drainage structures to carry off and store or discharge not only the stormwater runoff and natural drainage water which originates within the property boundaries but also that which originates beyond the property boundaries. Such structures shall be constructed according to the specifications of the Village Engineer.

D. 

Finished grading and general rehabilitation.

(1) 

After completion of excavating or stripping, the property shall be finish-graded with a surface layer of not less than six inches of topsoil of a quality native to the site.

(2) 

The finished grade shall promote and be consistent with the declared policy of the Village of the Branch, as stated in § 65-1.

(3) 

No excavation shall be made either below or beyond the finished grades indicated on the site plan approved by the Village Engineer. Exceptions to this requirement over limited areas may be recommended by the Village Engineer for approval by the Board of Trustees in the event that the type and technique of backfill is acceptable to the Village Engineer.

(4) 

The finished grade shall form an appropriate part of the natural drainage area or some positive drainage system.

(5) 

During the period between August 20 and October 1, inclusive, all finish-graded areas shall be prepared into a loose, level seedbed, limed, fertilized and seeded as outlined in the following steps or in accordance with good landscape practice:

(a) 

Apply ground limestone at the rate of one ton per acre.

(b) 

Apply 5-10-5 fertilizer at the rate of 600 pounds per acre.

(c) 

Disk area to work the limestone and fertilizer into the soil to a depth of at least three inches.

(d) 

Smooth area with a smoothing harrow.

(e) 

Sow the following seed mixtures at the rate of 100 pounds per acre:

Timothy 30 pounds
Kentucky bluegrass 25 pounds
Redtop 10 pounds
Perennial ryegrass 30 pounds
Alsike clover 4 pounds
Wild white clover 1 pound
Total 100 pounds
(f) 

Brush in seed lightly.

(g) 

Roll firm with ground roller.

§ 65-6 Performance bond.

A. 

The applicant and the owner shall execute a performance bond in the amount established by the Board of Trustees, but not less than $2,000, with a surety company covering all the conditions stipulated by the Village and also guaranteeing the repair of any Village roads damaged during the execution of the project. Such bond shall be processed as provided for in § 65-3A.

B. 

Such bond shall remain in full force and effect until a certificate of completion has been issued by the Village Engineer, certifying that all provisions of this chapter and conditions of the permit have been fully complied with. Application for such certificate shall be made by the applicant, owner, lessee or his agent on standard forms provided by the Village Clerk and shall be accompanied by a certification by a duly licensed professional engineer or land surveyor of the State of New York, stating that:

(1) 

The property has been brought to the finished grade elevations as shown on the approved drawing.

(2) 

There is not less than six inches of topsoil of a quality native to the site.

(3) 

The area has been seeded as provided for in § 65-5 D(5).

C. 

In lieu of such bond, a cash deposit or deposit of negotiable securities may be made with the Mayor.

D. 

Such bond shall be in default if not released by the Board of Trustees by the time the permit expires.

§ 65-7 Liability insurance.

The applicant and owner shall execute a public liability insurance policy insuring the Village of the Branch and themselves and covering the complete project, with limits of $100,000./$300,000, such insurance to continue in force until the performance bond has been released. Such insurance shall be processed as provided for in § 65-3A.

§ 65-8 Permit duration; fees.

A. 

Duration.

(1) 

General grading and excavating permits other than those for topsoil stripping and subsequent removal shall expire one year from the date of issuance unless extended by the Board of Trustees.

(2) 

General regrading and excavating permits for topsoil stripping and subsequent removal shall expire 60 days from the date of issuance unless extended by the Board of Trustees; and, further, no such permit or permits shall be granted for more than four acres of land in any one tract until full compliance with this chapter is had under an existing permit or permits for that tract, except for the provisions of § 65-5D(5) with regard to preparation of the ground and seeding; and no such permit shall be valid except between April 1 and October 1 of any year.

B. 

Application fees.

[Amended 3-9-2004 by L.L. No. 1-2004]

(1) 

The application fee shall be paid to the Village Engineer upon filing an application. Such fee shall cover the cost of processing and advertising and therefore shall not be refunded.

(2) 

Application fees shall be required for the following:

(a) 

Projects other than those of topsoil stripping and/or removal.

(b) 

Topsoil stripping and/or removal projects.

C. 

Permit fees.

(1) 

The permit fee shall be paid to the Village Engineer prior to the issuance of the general regrading and excavating permit. It shall cover only such work as is proposed during the life of the permit.

(2) 

Permit fees shall be required for the following:

[Amended 3-9-2004 by L.L. No. 1-2004]

(a) 

Projects other than topsoil removal.

(b) 

Topsoil removal projects.

(3) 

The renewal of an expired permit for topsoil stripping and/or removal without change in the extent of the work may be approved by the Board of Trustees upon payment of a new application fee.

(4) 

The renewal of an expired permit for projects other than topsoil stripping and/or removal, without change in the general plan of the work, may be approved by the Board of Trustees upon payment of a new application fee (a new permit fee shall not be required).

(5) 

The renewal of any permit which extends the scope of the work shall be processed as a new application upon payment of a new application fee, and such additional permit fees as are required to cover the additional work shall become payable after approval.

D. 

Application fee for regrading operations. Where a person intends to regrade commercial property but does not propose to remove more than 10,000 cubic yards of material during the regrading operation, an application shall be made for a regrading and excavating permit. The necessary application fee, as specified in Subsection B of this section, shall be paid. No additional fees will be levied for material being moved on the site but not removed from the site.

§ 65-9 Permit renewal procedure.

In addition to any other applicable requirements of this chapter, the procedure for renewal or extension of a permit to remove earth products or to accomplish other excavating, as defined in this chapter, shall include the following steps:

A. 

The submitting of a revised topographic map with the renewal application, which map shall show the topography as it existed at some time during the period starting 60 days before the submission of the application and ending as of the date of the application.

B. 

The topographic map shall denote the "work area" for the permit applied for and shall also indicate the final elevations and grades when the land will no longer be mined and regraded.

C. 

The topographic map shall contain a certification that the material applied for removal does, in fact, exist between the existing contours and the proposed contours shown on the drawing "work area" for the year covered by the permit application. Such certification shall be signed by the professional engineer.

§ 65-10 General exceptions.

A. 

Nothing contained in this chapter shall require a person to obtain a general regrading and excavating permit for or prevent a person from moving earth or topsoil from one part of his lands to another part of the same premises, or removing such earth or topsoil from said premises, when such moving is necessary as an accessory use or is made for the purpose of farming or is done in connection with the improvement or development of said premises pursuant to an application for a building permit.

Editor's Note: See Ch. 31, Building and Zoning Administration.

B. 

Exceptions or waiver of the requirements established by this chapter may be approved by the Board of Trustees upon recommendation by the Village Engineer.

§ 65-11 Enforcement.

The Village Engineer is designated as the administration and enforcement officer for matters covered by this chapter.