[HISTORY: Adopted by the Board of Trustees of the Village of Old
Field 7-22-1963.[1] Section 35-13 amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 26.
Flood hazard areas — See Ch. 44.
Subdivision of land — See Ch. 95.
Swimming pools — See Ch. 99.
[1]
Editor's Note: The provisions of this chapter are derived from
Ordinance 2.4 of Chapter 2 of the Unified Code of Ordinances.
A.
A large part of the area included within the boundaries
of the Incorporated Village of Old Field consists of beach land, salt meadows
and lands under water.
B.
These areas are important for the growth and culture
of clams, oysters, bay scallops and many species of fish. For the latter,
this area serves as both a nursery and and a sanctuary. The shores and bays
serve as a feeding, breeding and resting place for game fowl. Destruction
of the area for these purposes will affect the fishing not only within the
village boundaries but in Long Island Sound as well and will adversely affect
the population of birds and insects.
C.
Due to the vast migration of peoples to the east end
of Long Island, including the Village of Old Field, the population of which
has tripled in 20 years, bulldozers and steam shovels have cleared and filled
great areas to provide houses and commercial developments. Springs and small
brooks are becoming a rarity on the island. Drainage of swamps and the filling
in of estuaries and meadowland has destroyed and will destroy much spawning
and nursery area for fish, shellfish and fowl. The dredging of bay bottom
and the deepening of the waters have and will destroy much spawning and the
nursery area for fish and shellfish and the feeding area for ducks and herons
and other fowl.
D.
The increase in population has brought increased pollution
of the waters, particularly in the area of Port Jefferson Harbor.
E.
There has been an increase in the demand for recreational
opportunity; it is in the interest of the village to preserve as much as possible
these unspoiled areas in their present natural condition for the propagation
of fish, shellfish, water fowl, birds and other forms of wildlife and for
the general enjoyment and recreation of the village's inhabitants.
F.
The Village of Old Field has a large financial interest
in preserving these areas since it has extensive holdings of waterfront beach
land and meadowlands the value of which would be adversely affected by pollution
and indiscriminate dredging and filling.
G.
The Village of Old Field is one whose natural and unspoiled
beauty makes it unique in the Town of Brookhaven and makes it one of the most
desirable residential areas in the County of Suffolk; the preservation of
this natural beauty is in the public interest therefor and will promote the
general welfare of the inhabitants.
It shall be unlawful for any person to excavate, dredge or otherwise
displace sand and gravel or other soil materials within the village limits
or to construct for, assist or direct in so doing as part of a commercial
topsoil or sand and gravel operation, and any such excavating, dredging or
displacement of such sand and gravel or other soil material is hereby declared
to be a public nuisance and is hereby prohibited.
No dredging shall be permitted within the village unless a written permit
therefor has been obtained from the Village Board. For such purpose, a written
application signed and verified by the record owner of the premises shall
be filed with the Village Clerk on the form provided by him. Such application
shall be accompanied by the following documents:
A.
A verified statement describing the type of dredge to
be used and the dimensions of the proposed excavation. The hours during the
day during which the dredging shall be conducted, the estimated length of
time it will take to complete the operation and the method of disposing of
the dredged material.
B.
A plan prepared by an engineer duly licensed by the State
of New York, drawn to scale, setting forth in detail the names of the adjoining
land owners, the location and dimensions of the property upon which it is
proposed to dredge, the location and size of the excavation.
C.
Either the written consent to the granting of a permit
of any adjoining municipality and of the Town of Brookhaven and of the County
of Suffolk should be furnished or, in lieu thereof, 10 days' written
notice by mail of the hearing on any such application shall be given by the
applicant to each of such municipalities and proof thereof filed with the
Village Board prior to the hearing.
No excavating or displacing of sand, gravel or other soil on lands,
above water within the village shall be permitted unless a written permit
therefor has been obtained from the Village Board. For such purpose, a written
application signed and verified by the record owner of the premises shall
be filed in quadruplicate with the Village Clerk on the form provided by him.
Such application shall be accompanied by the following documents:
A.
A verified statement describing the exact condition of
the premises before work is commenced, the type and kind of work to be performed
and the condition of the premises after the work is completed.
B.
A plan prepared by an engineer or surveyor duly licensed
by the State of New York, drawn to scale, showing all streets adjoining the
property; the location and dimensions of the property; the location, size
and use of any existing buildings; and the location and dimensions of the
proposed excavation.
C.
A topographical survey prepared by a duly licensed engineer
or land surveyor of the State of New York showing contours at five-foot intervals
using Coast and Geodetic Survey datum.
No salt marsh, meadowland or beach areas shall be filled unless a permit
therefor has been obtained from the Village Board. For such purpose a written
application signed and verified by the record owner of the premises shall
be filed in quadruplicate with the Village Clerk on the form provided by him.
Such application shall be accompanied by the following documents:
A.
A verified statement describing the exact condition of
the premises before work is commenced; the type and kind of fill to be used;
the depth of the fill; the dimensions of the area to be filled and the condition
of the area after the work is completed.
B.
A plan prepared by an engineer or land surveyor duly
licensed by the State of New York, drawn to scale, showing all streets adjoining
the property and the location and dimensions of the property and the area
to be filled.
C.
A topographic survey of the property prepared by a duly
licensed engineer or land surveyor of the State of New York showing contours
at ten-foot intervals; using Coast and Geodetic Survey datum.
D.
A verified statement signed by a qualified marine biologist
or by a professional engineer duly licensed by the State of New York stating
that, in his opinion, such filling will not lead to pollution of local waters
and will not create a hazard to the health, comfort and general welfare of
the community.
E.
Either the written consent to the granting of a permit
of any adjoining municipality and of the Town of Brookhaven and of the County
of Suffolk should be furnished or, in lieu thereof, 10 days' written
notice by mail of the hearing on any such application shall be given by the
applicant to each of such municipalities and proof thereof filed with the
Village Board prior to the hearing.
The Village Board may grant any such application upon such conditions including, but not limited to, the erection of fencing, the construction of bulkheading, the planting of shrubs, trees and grass as in its judgment tend to prevent erosion and pollution and tend to carry out the objects set forth in § 35-1 hereof.
The Village Clerk shall charge and collect for each such permit:
All operations under any permit issued pursuant to this chapter shall
be done in such a manner that the removal of material and the redepositing
and storage thereof will neither undermine, weaken nor deprive of support
the lands in the vicinity nor otherwise adversely affect the waterways within
the village limits and the lands abutting thereon, nor, unless the permit
issued pursuant hereto shall expressly provide otherwise, substantially change
the course of any channel or the natural movement or flow of any water or
cause or accelerate the drift of underwater soil, fill, gravel, bog or mud,
and the applicant shall, by the acceptance of a permit hereunder, take and
assume all responsibility for any and all operations thereunder and take all
precautions for the prevention of injury to persons and property by reason
of such operations and assume the defense of and indemnify and save harmless
the village and its officers and employees from any and all claims arising
out of or connected with operations under such permit and any and all acts,
omissions or neglect on the part of the applicant and his agents and employees.
Upon completion of a removal operation hereunder, the person to whom
the permit therefor has been issued shall submit to the Village Engineer a
certificate from a competent professional engineer licensed by the State of
New York that the work has been completed in accordance with this chapter
and the resolution of the Village Board directing the issuance of the permit,
together with a survey showing that the removal operation has been completed
indicating the depth of the area from which material shall have been removed
and the slopes from which material shall have been removed connecting with
the adjoining lands.
Such permits shall expire within six months from the date of issuance
unless extended by the Village Board.
Nothing contained in this chapter shall require a person to obtain a
permit for digging a well, cesspool, catch basin, leaching field or dry well
in connection with the construction or use of a residential appurtenance or
outbuilding; nor for the excavation or filling required in connection with
the erection of a single residence or outbuildings appurtenant thereto; nor
in. connection with the construction of a road or right-of-way, approval for
which has been given by the Planning Board.
No such permit shall be issued until after a public hearing by the Village
Board in relation thereto at which parties in interest and citizens shall
have an opportunity to be heard. At least 20 days' notice of the time
and place of such hearing shall be published in the official village newspaper.
For any and every violation of the provisions of this chapter, the owner,
general agent, lessee or tenant of any part of the premises in which said
violation has been committed or shall exist and the contractor, architect,
engineer, surveyor and any other person who knows, permits or assists in any
such violation shall be guilty of an offense against this chapter. Any person
committing an offense against any provision of this chapter shall, upon conviction
thereof, be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250 or by imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate and distinct offense hereunder.
