Stormwater runoff and combined overflows which drain into the
Nissequogue River, Smithtown Bay and Stony Brook Harbor contain pollutants
and sediments which significantly affect the quality of those waters.
Conservation of high water quality and improvement of the quality
of the waters where contamination has occurred are major objectives
of the Local Waterfront Revitalization Program entered into by the
Village of Nissequogue jointly with the Village of Head-of-the-Harbor,
under the Coastal Management Program of the State of New York. The
purpose of this chapter is to establish measures to assist in controlling
the entry of water contaminants into the Nissequogue River, Smithtown
Bay and Stony Brook Harbor.
[Amended 6-27-1991 by L.L. No. 11-1991]
All projects, regardless of the area of groundwater removal
and/or grading, shall retain a natural vegetative buffer zone within
150 feet of any water bodies, including wetlands or marshes, which
will confine visible siltation to the 25% of the buffer nearest to
the activity which disturbs the land.
[Added 6-27-1991 by L.L. No. 6-1991; amended 5-19-1998 by L.L. No.
4-1998; 8-16-2005 by L.L. No. 3-2005]
A. Conservation; erosion mitigation devices; other slope disturbance.
(1) No slope of 25% or more shall, in any circumstance, be developed,
nor shall it be disturbed except for conservation measures. Natural
vegetation shall be retained, except that vines and poison ivy may
be removed if a replanting with native vegetation suitable for the
location is immediately completed as approved by the Building Inspector
and the LWRP Committee.
(2) Any development in any area with a slope in excess of 20% (in the
footprint area of the finished structure to be developed) must be
approved as to erosion mitigation devices (such as slope boards, jute
cloth, hay bales, plantings, Belgium block curbing, added precast
leaching basins, pressure-treated lumber, concrete or stone retaining
walls, concrete or blacktop surfaces to divert runoff) by the Village
Engineer.
(3) Areas outside the structure's footprint may be disturbed (to the
minimum extent practicable) as determined by on-site inspections with
the Building Inspector for the storage of excavated material, site
drainage and septic systems, wells, underground water, electricity,
cable, telephone lines and erosion mitigation devices. Disturbed areas
should be returned to a natural state as soon as practical.
B. Development of slopes of less than 25% requires development proposals
indicating the load-bearing capacity of the slope soils. Development
of the slope shall be permitted only if the slope can be stabilized
with a minimum of on-site disturbance and with no adverse impacts
upon the stability of neighboring properties. Removal of natural vegetation
on such slopes shall be strictly limited so as to prevent destabilization
of the slope. Disturbed areas should be returned to a natural state
as soon as practical.
C. Driveways may be developed with slopes up to a maximum of plus or
minus 16%, except that portion of the driveway within the right-of-way
shall not exceed plus or minus 6%. Any and all transitions from the
plus or minus 6% shall be outside the right-of-way limits. Any driveway
proposal that will produce erosion must be approved by the Village
Engineer as to erosion mitigation devices (such as added Belgium block
curbing, catch basins and gratings, switchbacks and/or direction of
driveway, minimum base of four inches plus of crushed concrete or
3/4 inch shoulder stone blend, and finished surface materials such
as concrete, blacktop or gravel).