Town of Brookhaven, 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
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 16.
Flood damage prevention — See Ch. 33.
Highways — See Ch. 38.
Sand and gravel pits; excavated; removal of topsoil — See Ch. 53.
Unsafe buildings and excavated lands — See Ch. 73.
Zoning — See Ch. 85.
Subdivision regulations — See Appendix.

§ 35-1 Intent.

It is the purpose of this chapter to regulate and control the regrading of land throughout the Town in all use district classifications in order to prevent serious and irreparable damage to our natural resources, to minimize and retard the erosive effects of wind and water, to prevent the depreciation of property values, to prevent the removal of lateral support for abutting streets, lands and structures, to prevent damage to natural watersheds, to provide adequate drainage for surface water runoff, to protect persons and property from the hazards of periodic flooding and, in general, to protect the health, welfare and safety of the residents of the Town.

§ 35-2 Definitions; word usage.

A. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
DRAINAGE FACILITIES
Includes gutters, swales, pipes, conduits and superstructures for the collection and conducting of stormwater to an adequate facility for the storage and disposal of the stormwater.
[1]
GROUNDWATER TABLE
The elevation of the top of the water stored in the highest aquifer in the subsoils, at the location of the proposed structure, including but not limited to so-called "perched water," except that where it is demonstrated that removal of the impervious layer underlying the perched water will substantially lower the level of the water, the lower water surface shall be considered the groundwater table. In locations where the groundwater is subject to tidal action, the mean high elevation of the groundwater surface shall be considered the groundwater table.
[2]
LATERAL SUPPORT
The resistance to active horizontal pressure of soils provided by either the passive pressure of the adjoining soils or by a retaining wall or structure.
NATURAL DRAINAGE
The stormwater runoff resulting from topographical and geographical surface conditions prior to clearing, regrading or construction.
NATURAL WATERSHED
An area of land which, in its natural state and prior to any man-made change and due to its topography and geography, drains to a particular location within that area.
[3]
REGRADE
To change the elevation of the ground surface, either temporarily or permanently.
STABILIZATION
Treatment of subsoils to increase ability to resist lateral pressures and/or treatment of surface to resist wind and water erosion.
STORMWATER RUNOFF
The amount of rainwater which, due to topographical surface conditions and geology of the upstream land, drains to a particular location or the rate at which the rainfall passes through a particular location.
[1]
Editor's Note: The definition of “flood-prone area,” which immediately followed this definition, was repealed 7-11-1995 by L.L. No. 17-1995, effective 7-17-1995.
[2]
Editor's Note: The definition of “habitable,” which immediately followed this definition, was repealed 7-11-1995 by L.L. No. 17-1995, effective 7-17-1995.
[3]
Editor's Note: The definition of “one-hundred-year flood level,” which immediately followed this definition, was repealed 7-11-1995 by L.L. No. 17-1995, effective 7-17-1995.

§ 35-3 Minimum standards.

The following standards for the development of land or the regrading thereof, or both, shall apply in all use district classifications as set forth in Chapter 85 of the Code of the Town of Brookhaven. In all use district classifications wherein site plan review and approval is required, the site plan submitted to the Planning Board shall indicate compliance with the following standards. In all other use district classifications, the procedure required by § 35-4 of this chapter shall be followed.
A. 
Stormwater runoff or natural drainage shall not be diverted so as to overload existing drainage systems, create flooding or cause erosion or the need for additional drainage facilities on other private or public real property.
B. 
Adequate drainage facilities for stormwater runoff shall be provided.
C. 
Proposed slope embankments along adjoining property lines and street frontages shall have a slope not steeper than one foot on three feet (33 1/3%), unless an adequate stabilization or retaining wall is provided as approved by the Planning Board. All slopes shall be adequately stabilized with topsoil and seeding or other approved planting.
D. 
The finished grade at a point not less than 10 feet from the building shall be at least one foot below the lowest exterior opening in the foundation of the habitable portion of the structure, except that the finished grade may be no less than six inches at a point no less than 10 feet opposite open porches, patios and pedestrian ramps.[1]
[1]
Editor's Note: Former Subsection E, Floor elevation, which immediately followed this subsection, was repealed 7-11-1995 by L.L. No. 17-1995, effective 7-17-1995. This local law also provided for the renumbering of former Subsections F through I as Subsections E through H, respectively.
E. 
Front and rear yards shall have a grade of not more than 5% for a distance of 25 feet, as measured in a horizontal plane from the structure. Side yards shall have a grade of not more than 10% for a distance of 10 feet, as measured in a horizontal plane from the structure. All finished grades within 10 feet of the building shall pitch away from the building at a grade rate of not less than 2%.
F. 
Where roof runoff from any building or structure will produce erosion or drainage problems with respect to adjoining properties, dry wells of adequate capacity shall be installed as an outfall for rainfall roof runoff.
G. 
The driveway apron shall be at least one foot below the garage floor unless natural topography dictates grading away from the street and protective grading is provided for in the construction of the driveway with respect to adjoining structures and property.
H. 
Notwithstanding the foregoing provisions of this section, the Planning Board may waive or modify compliance with any of the foregoing minimum standards, subject to appropriate conditions which, in its judgment, are not warranted by the special circumstances of any application or matter before it or required in the interest of the public health, safety and welfare.
I. 
Stormwater pollution prevention plan.
[Added 1-22-2008 by L.L. No. 3-2008, effective 1-30-2008]
(1) 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 86, Stormwater Management and Erosion Control, shall be required for any disturbance of:
(a) 
One acre or larger; or
(b) 
Less than one acre that is part of a larger common plan of development, notwithstanding such disturbance may occur at different times and/or different schedules.
(2) 
The SWPPP shall meet the performance and design criteria and standards in Chapter 86. Grading shall be consistent with the provisions of Chapter 86.

§ 35-4 Applications for building permits and certificates of occupancy.

All applications for a building permit and a certificate of occupancy shall be referred to the Planning Board for its review and approval pursuant to this chapter. The Planning Board may approve, disapprove or approve with modification the application for a building permit and/or a certificate of occupancy and specify its reasons for taking such action based upon the standards set forth in § 35-3. In the event that the Planning Board determines that the information required pursuant to § 85-13 of the Code of the Town of Brookhaven is inadequate to ascertain whether or not the applicant can or will comply or has complied with this chapter, it may require the applicant to submit to the Planning Board a topographical survey prepared by a registered land surveyor or registered professional engineer showing:
A. 
The existing topography.
B. 
A proposed regrading plan.
C. 
Test borings.
D. 
The proposed structure or other on-site improvements in sufficient detail to determine compliance with Chapter 85 or any other information which may be required to determine compliance with this chapter.
E. 
Elevations of the proposed structures.

§ 35-5 Penalties for offenses.

A. 
No person shall regrade or cause to be regraded any property which, when regraded, shall be in violation of the standards set forth in § 35-3 of this chapter. Any person violating this section shall be guilty of an offense punishable by a fine not to exceed $500 or by imprisonment for a period not to exceed six months, or both. Any corporation violating this section shall be guilty of an offense punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed six months, or both.
B. 
No person shall erect or alter any building or structure which violates or causes a violation of the minimum standards specified in § 35-3 of this chapter. Any person violating this section shall be guilty of any offense punishable by a fine not to exceed $1,000 or by imprisonment for a period not to exceed six months, or both.