[Adopted as Ch. 30 of the 1964 Code]
A.
The regulation and control of the general regrading of land, the
extraction and removal of earth products and other excavations are
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.
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 the fertility of the land.
(4)
The removal of the 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 Town of Smithtown.
C.
The short title for this article shall be the "General Regrading
and Excavating Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Includes such material as topsoil, sand, gravel, stone and
other minerals.
Any hole, pit, sidehill cut, stripping or similar condition,
except that the provisions of this article shall not apply when the
extent of such excavation shall be limited to the requirements for
actual construction of a wall, driveway or sidewalk, or to the requirements
for actual construction of a building or structure or part thereof
for which the Board of Site Plan Review has approved a site plan or
to a cesspool, septic tank or recharge basin excavation or to a residential
site of less than two acres.
[Amended 10-24-1967]
All the various methods used in excavating or mining earth
products.
Any rearrangement of the topography of a property, except
that the provisions of this article shall not apply when the extent
of such regrading shall be limited to the requirements for the actual
construction of a wall, driveway or sidewalk or to the requirements
for actual construction of a building or structure or part thereof
for which the Board of Site Plan Review has approved a site plan or
to a cesspool, septic tank or recharge basin or to a residential site
of less than two acres.
[Amended 10-24-1967; 1-22-1974; 2-25-1986]
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 article.
[Added 5-11-1971]
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.
A person or corporation who proposes a subdivision under
the provisions of the Smithtown Planning Board's Rules and Regulations
for the Subdivision of Land, whether such subdivision is for residential
purposes or some other use.
A.
No regrading, extraction or excavating shall be permitted in the Town of Smithtown, except pursuant to Article III of this chapter or Chapter 245, Article IV, or Chapter 248 of the Town Code, the provisions of this article or pursuant to site plans approved by the Board of Site Plan Review or a building, foundation, pool or other similar permit issued pursuant to the Town Code.
[Amended 5-11-1971; 1-21-1986]
B.
Processing of subdivisions. The procedure for a subdivider who proposes
to do general regrading in conjunction with the construction of a
subdivision which is shown on the final plat and which has received
the approval of the Planning Board of the Town of Smithtown shall
be as follows:
[Amended 5-11-1971]
(1)
Planning Board: Approve the final plat or other proposed land development
under the authority granted by § 277, 278 and 280-a of the
Town Law.
(2)
Subdivider: Certify that the proposed plat will be constructed to
the line and grade as shown on the approved modifications to the approved
regrading plan.
(3)
Additional requirements: Approval of a final plat by the Planning
Board of the Town of Smithtown and the 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 Town Engineer prior to the 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 subdivisions: The following regrading
operations are considered necessary in the construction of subdivisions
and may be carried out, provided that the necessary map approvals
have been obtained:
[Amended 2-25-1986]
(a)
The construction of roads and other required public improvements,
including the excavations required for the installation of drainage
lines, appurtenances, etc.
(b)
The regrading of lots for the purpose of constructing a dwelling,
including excavations required for cesspools, septic tanks, retaining
walls, walks, drainages, appurtenances, etc.
(c)
The construction of a recharge basin or other underground-drainage
storage system.
(d)
The installation of any other improvements, either public or
private, which are required by any authorized agency of the Town of
Smithtown.
(e)
The 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 the 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 Engineering Department, shall be
accepted as the approved grades for the building shown thereon.
(6)
No regrading, extraction, excavating or removal of earth products
shall be permitted where the Town Board or the Planning Board determines
that sand mining (and not a subdivision development) is the primary
purpose of the subdivision application.
[Added 2-25-1986]
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 article, to be done in the Town of Smithtown, except
in conformity with this article and all other applicable ordinances.
[Amended 2-25-1986]
A.
The Town Engineer, the Board of Site Plan Review, with respect to
site plans, and the Planning Board, with respect to subdivisions,
may require the following documentation with respect to regrading,
excavating or the removal of earth products:
[Amended 2-25-1986]
(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 and 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.
(3)
Drawing.
(a)
A drawing at a scale of 100 feet to an inch or larger on a sheet
not larger than 36 by 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 fifty-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 the scale of 600 feet to one inch indicating the
relationship to the highway pattern, school and Town 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.
(b)
The Board of Site Plan Review or the Planning Board may require
additional data or waive requirements in appropriate cases.
B.
Required supplementary documents. The following supplementary documents
are required:
[Amended 5-11-1971]
(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.
A.
Excavation. The following standards shall apply in the absence of standards applicable pursuant to Article III of this chapter and Chapters 112, Article II; 245, Article IV; 248; 252; 322; or other chapters of the Town Code.
[Amended 5-11-1971; 2-25-1986]
(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 greater than one vertical on two
horizontal or, in special cases, retaining structures, but in any
case the Town Engineer shall require a standard specified 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
consist of a six-foot-high wire mesh fence on posts complete with
top rail 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
Town of Smithtown for the recharge-basin fence and gate, as more specifically
described in the Subdivision Regulations.[1] Where required by the Town Board, 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 one-hundred-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 Town of Smithtown, as found in § 154-1 of this article. 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.
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 the stormwater runoff
and natural drainage water which originates not only within the property
boundaries but also that which originates beyond the property boundaries.
Such structures shall be constructed according to the specifications
of the Town Engineer.
D.
Finished grading and general rehabilitation.
(1)
After the 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 finish grade shall promote and be consistent with the declared policy of the Town of Smithtown as found in § 154-1 of this article.
(3)
No excavation shall be made either below or beyond the finish grades
indicated on the site plan approved by the Town Engineer. Exceptions
to this requirement over limited areas may be recommended by the Town
Engineer for approval by the Town Board in the event that the type
and technique of backfill is acceptable to the Town Engineer.
(4)
The finish 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 seed bed,
limed, fertilized and seeded 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)
Disc area to work 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:
|
Type
|
Number of Pounds
| |
|---|---|---|
|
Timothy
|
30
| |
|
Kentucky bluegrass
|
25
| |
|
Redtop
|
10
| |
|
Perennial ryegrass
|
30
| |
|
Alsike clover
|
4
| |
|
Wild white clover
|
1
| |
|
_____
| ||
|
Total
|
100
|
(f)
Brush in seed lightly.
(g)
Roll firm with ground roller.
[Added 8-9-1983; amended 2-25-1986]
The following provisions shall apply to any regrading, excavating,
extraction or processing or removal of materials or earth products
that may be permitted pursuant to this article or other provisions
of the Town Code:
[Added 2-25-1986]
B.
The fees shall be as follows:
(1)
Other than topsoil removal: $2 per cubic yard in excess of the first
1,000 cubic yards.
[Amended 10-4-2022 by Res. No. 2022-926]
C.
Notwithstanding anything in this section to the contrary, no fee
shall be charged for the removal of earth products when such removal
is necessary to install drainage improvements, such as recharge basins,
which are required pursuant to the Town Code or applicable statutes,
rules or regulations.
[Added 5-6-1986]
[Added 8-24-1982; amended 2-25-1986]
Whenever the Town Engineer has reasonable grounds to believe
that regrading and excavating is being prosecuted in violation of
any of the provisions of the Code of the Town of Smithtown or not
in conformity with the provisions of any application, required supplementary
documents and drawings, on the basis of which a regrading and excavating
is being conducted, or in an unsafe and dangerous manner, he shall
notify the owner of the property or the owner's agent or the person
performing the work to suspend all work, and any such persons shall
forthwith stop such work and suspend all regrading and excavating
activities until the stop order has been rescinded. Such order and
notice shall be in writing, shall state the conditions under which
the work may be resumed and may be served upon a person to whom it
is directed either by delivering it personally to such person or by
posting the same in a conspicuous place on the site and sending a
copy of the same to such person by registered mail.
[Added 8-24-1982; amended 5-24-1983]
Any person who shall fail to comply with a stop-work order issued
by the Town Engineer shall be subject to a penalty in a minimum sum
of $1,000 for each day that such violation continues.
[Amended 5-11-1971]
A.
Each violation of this article or any regulation, order or ruling
promulgated hereunder or any permit issued hereunder shall be punishable
by a minimum fine of $500 or imprisonment not exceeding 15 days, or
both, and a separate offense shall be deemed committed on each day
during or on which a violation occurs or continues. In addition to
such fine, the defendant shall pay all costs and expenses incurred
by the Town in determining such violation. Each violation of this
article shall constitute disorderly conduct, and every person violating
the same shall be a disorderly person. The foregoing shall be in addition
to all other remedies available under the law to the Town or the Town
Board.
[Amended 5-24-1983]
B.
The Town Engineer is designated as administration and enforcement
officer for matters covered by this article.
