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.
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.
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:
(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.
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:
B. A proposed regrading plan.
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.