§ 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.

Editor's Note: Former Subsection E, Floor elevation, which immediately followed this subsection, was repealed 7-11-1995 by L.L. No. 17-1995, effective 7-17-1995.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.