Village of Old Brookville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Code administration and enforcement — See Ch. 104.
Flood damage prevention — See Ch. 156.
Freshwater wetlands — See Ch. 160.
Stormwater management — See Ch. 230.
Subdivision of land — See Ch. 245.

§ 144-1 Findings.

It is found and declared that:
A. 
The removal of protective topsoil, sod, trees and flora as well as the removal of sod, topsoil, subsoil, earth, and gravel from areas within the Village results in the washing of silt and mud into the Village's catch basins and storm drains during and after heavy rainfalls and reduces the absorption of water into the soil, thereby creating flooding conditions after heavy rainfalls and creating unnecessary erosion and damage to public and private property within the Village.
B. 
The excavation of soil, subsoil, earth and gravel tends to result in unreasonable odors, smoke, dust, noise, and vibration and to result in dangers from pits, holes, gullies, water, cliffs, sharp declivities, sliding earth and hazardous machinery in close proximity to residential areas.
C. 
The foregoing removal and excavation tend to destroy the natural rural aspect of the community, to depress property values, to create traffic hazards and to deteriorate the public roads and streets within the Village.
D. 
The foregoing removal and excavation result in such conditions which are detrimental to the public safety, health, welfare, good order and peace.
E. 
Changing existing water levels, dredging and tilling lowland, lakes, ponds, marshes or other watercourse results, or may result, in erosion, storm damage, flooding, pollution, and other damage to the land so altered or adjoining properties.
F. 
Dredging and/or filling tends to result in unreasonable odors, smoke, dust, noise and vibrations and to result in dangers from erosion, storm damage, flooding and pollution, as well as traffic hazards and deterioration of roads and streets within the Village.
G. 
The provisions and prohibitions contained in this chapter are in pursuance of and for the purpose of securing and promoting the public health, comfort, safety and welfare of the Village and its inhabitants.

§ 144-2 Restricted activities; exceptions.

Within the Village there shall be no dredging, filling, excavating, disturbing or removing of earth, loam, topsoil, sand, gravel, clay, stone or sod for removal from, placement on or for use upon the premises on which the same shall occur, except:
A. 
For excavating and backfilling in connection with the bona fide construction or alteration of a building on such premises for which a building permit has been issued by the Building Inspector;
B. 
In connection with the construction of improvements and changing of contours for roads and drainage in accordance with the subdivision plans and contour maps formally approved by the Village Planning Board for such premises;
C. 
For landscaping, normal grounds maintenance or agricultural gardening, farming, or horticultural activities; or
D. 
Activities for which the Planning Board shall have granted a special permit site plan approval under § 300-20, Site plan review, authorizing such dredging, filling, excavating, disturbing or removing upon the conditions herein specified.

§ 144-3 Enforcement; presumptions.

A. 
The Village Building Inspector, Code Enforcement Officer or police officers are hereby vested with the authority to enforce the provisions of this chapter.
B. 
It is a rebuttable presumption, for the purpose of enforcing this chapter, that the owner or occupant on whose land where a violation of this chapter has occurred is the person responsible for performing or permitting the act complained of.

§ 144-4 Appeals.

Any person aggrieved by a decision of the Planning Board with respect to this chapter shall have the right to appeal the decision to the Village Board of Zoning Appeals within 30 days after the date the decision is filed with the Village Clerk. Such appeal shall be in accordance with the appeal procedure adopted by the Zoning Board of Appeals.