§ 70-4. Exemptions., Chapter 70. Tree Preservation, Land Use Legislation, Code of Ordinances, Brookhaven

Surveying and soil investigation activities.

(1)

Destruction or removal of trees incidental to surveying and soil investigation activities shall not be undertaken for any parcel of property of any size which is owned for commercial or industrial use or which is in excess of two acres in size and is zoned for residential use, unless such destruction or removal is in conformity with a plan approved by the Commissioner of the Department of Planning, Environment and Development pursuant to the provisions contained hereunder.

(2)

Prior to destruction or removal of trees incidental to surveying and soil investigation activities, the property owner, or designee, shall apply to the Commissioner of the Department of Planning, Environment and Development for permission to remove or destroy trees in order to undertake said activities. No trees may be destroyed or removed except in conformity with an approved plan.

(3)

Said application shall be accompanied by a one-inch-equals-two-hundred-feet scale topographical map of the site and a one-inch-equals-two-hundred-feet scale aerial photograph. In the event that the applicant is applying for approval to construct test holes for soil analyses and groundwater monitoring, the applicant shall provide a map from the Suffolk County Department of Health Services indicating its approved test hole and well sites. The applicant shall indicate on the topographical map and on the aerial photograph the boundaries of the site and the extent of clearing needed for the surveying and soil investigation activities.

(4)

The fee for said application shall be as established by Town Board resolution.

[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]

(5)

The application shall be on such form and contain such information as may be required by the Commissioner of the Department of Planning, Environment and Development, and in approving said application, the Commissioner may limit the amount of tree destruction or removal contemplated by the applicant.

Any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Commission and any duly constituted public agency authorized to provide utility services shall be permitted to trim, prune or alter any tree which may otherwise be lawfully altered by such person, to the minimum extent necessary to enable such person to repair existing utility services, without having first obtained a permit issued therefor pursuant to § 70-3 of this chapter.

The provisions of this chapter shall not apply to real property included in any approved subdivision or approved site plan when such approval was granted by the Planning Board prior to the effective date of this chapter. Notwithstanding the foregoing, in the event that building permits have not been issued for said approved subdivision or approved site plan, this chapter shall apply, and no building permit shall issue until all applicable provisions of this chapter have been complied with.

Any person required by the Code of the Town of Brookhaven to submit an application to the Planning Board for approval of a proposed subdivision or site plan after the effective date of this chapter shall submit with such application the information required for a permit pursuant to § 70-6 of this chapter. No subdivision or site plan shall be approved by the Planning Board without due consideration of such information. Approval of a subdivision or site plan pursuant to this section shall relieve the applicant for such approval of the necessity to obtain a permit required by § 70-3 of this chapter, and the approval of such subdivision or site plan shall constitute adequate compliance with this chapter. However, in the event of a subdivision, tree clearing and removal may commence prior to issuance of building permits restricted to those areas of the subdivision which are to be developed as roads and/or drainage facilities.

Any person who has filed an application for approval of a subdivision or site plan prior to the effective date of this chapter and has not received approval of the same prior to the effective date of this chapter shall submit to the Planning Board such information relative to the preservation of trees as the Planning Board may request.

The New York State Department of Environmental Conservation shall be permitted to trim, prune or remove trees pursuant to the New York Environmental Conservation Law without the necessity of obtaining a permit pursuant to this chapter.