[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987; amended in its entirety 7-20-2017 by L.L. No. 20-2017, effective 8-2-2017. Subsequent amendments noted where applicable.]
It has been established that the indiscriminate burial of trees, tree branches and other debris upon property and the use of unacceptable fill contribute to improper grading, structural instability, flooding, contamination, and subsoil insect infestation. It is the purpose of this chapter to prevent the indiscriminate burial of trees, tree branches, and other debris and the use of unacceptable fill on property located within the Town of Brookhaven in order to protect the health, safety and welfare of the residents of the Town of Brookhaven.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCEPTABLE FILL
- Material that is artificially deposited on a site which:
- A. Is composed of clean, non-burnable inorganic components containing no solid waste; and
- B. Is generally derived from residential excavations or sand mining of undeveloped lands; and
- C. Exhibits good drainage characteristics and does not contain more than 5% clay or silt; and
- D. Does not contain contaminants in excess of soil cleanup objectives under 6 NYCRR Part 375-6.8(b) for the approved land use; and
- E. Does not contain refuse or offal or other unwholesome matter, recognizable concrete, steel, or brick or any discarded material or substances, including but not limited to garbage, rubber, glass, refuse, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, dredge spoils, contained gaseous materials, incinerator residue, construction and demolition debris and other discarded materials and substances resulting from industrial, commercial, mining or agricultural operations or from community activities, or the carbon component (or "content of") in energy waste, or any organic matter that may decompose over time
- The remains of any material that is present upon a lot and which was not naturally existing upon such lot prior to its development, including but not limited to scrap wood, lumber, shingles, building materials, tires, cans, paper, insulation and cement.
- Any individual, firm, partnership, association, corporation, company, public agency, public utility or organization of any kind, or agent thereof.
- Any woody plant or part thereof, including the root system and branch system, which plant measures at least five feet from the point where such plant enters or would enter the ground to the farthest point of any branch, leaf or extremity.
The burial of trees or debris in, upon or under property located within the Town of Brookhaven is expressly prohibited.
Only acceptable fill shall be permitted to be used on property within the Town of Brookhaven.
This chapter does not apply to the burial or other disposition of trees, debris, or materials which do not meet the definition of acceptable fill, as defined herein, in, upon or under any official Town landfill, Town dump or Town disposal area, provided that such disposition is in accordance with Chapters 24 and 45 of the Code of the Town of Brookhaven.
The owner or owners of any building or premises or part thereof, or any person in possession thereof where any violation of this chapter has been committed or shall exist, and any architect, builder, contractor, agent, person or corporation who or which knowingly commits, takes part or assists in any such violation, or who maintains any building, structure or premises in which any such violation exists, shall be guilty of a violation of such chapter, which shall be punishable for a first offense by a fine not exceeding $5,000 or imprisonment not to exceed 15 days, or both; for a second offense within a five-year period, by a fine not less than $5000 and not exceeding $10,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $10,000 and not exceeding $25,000 and imprisonment for a period not exceeding six months. Each week's continued violation shall constitute a separate additional violation.
In addition to the penalties authorized in this section, the Town Attorney is authorized to ask the court for restitution and reparation in accordance with Penal Law § 60.27.