[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence
9-14-1953 by Ord. No. 140. Sections 86-22 and 86-24 amended and § 86-26
added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
The area to which this chapter applies includes the marsh and meadowland,
part of which has been or may be filled in, in the Bannister Creek Basin,
the Woodmere Channel Basin and the land adjacent to Reynolds Channel, Crooked
Creek and Broswere Bay, and the creeks and streams tributary thereto, and
is generally described as follows:
A.
Bannister Creek Basin: bounded on the west by Doughty
Boulevard; on the north by Rock Hall Road; on the east by Causeway; and on
the south by Barrett Road and a line, part of which is marked by a road or
former road, located where the meadowland and the upland adjoin. It also includes
the island, sometimes known as "Williams Island," which lies between Reynolds
Channel and a portion of Bannister Creek.
B.
Woodmere Channel Basin: bounded on the east by the Village
line; on the north by a line, part of which is marked by a road or former
road designed as Cedarhurst Avenue, and located where the meadowland and the
upland adjoin; on the west by the upland of the former Albro Farm; and on
the south by Broswere Bay. It is contiguous with Reynolds Channel, Crooked
Creek and Broswere Bay Basin and includes an area where the meadowland has
heretofore been filled in.
C.
Reynolds Channel, Crooked Creek and Broswere Bay Basin:
bounded on the south by Reynolds Channel; on the west by the upland at the
Isle of Wight; on the north by Mallow Way and a line, a portion of which is
marked by a road or former road designated variously as "Cedarhurst Avenue"
or "Meadow Road," located where the meadowland and the upland adjoin; and
on the east by the Village line.
The areas to which this chapter applies consist principally of marsh
and meadowland, immediately adjacent to and crossed by tidal creeks and streams,
the greater part of which marsh and meadowland is covered with water during
spring tides and during storms. The development of this region involves many
problems which do not exist elsewhere in the Village and which directly affect
the safety and health of persons who may live, work or be present there, the
protection of their property and the protection of public improvements which
may be located therein. Among such problems are:
A.
The flooding of these areas to a considerable depth of
water, such as occurred during the hurricanes of 1938 and 1944, which, in
case of recurrence, might result in a heavy loss of life and great destruction
of property.
B.
The unstable nature of the surface or of subsurface soil
of the marsh and meadowland, which, among other things, tends to:
(1)
Result in uneven subsidence of the fill which may be
placed thereon.
(2)
Result in changes in grade and consequent fractures and
disalignment of sewers. drains, curbs and pavements.
(3)
Make difficult the permanent retention of the fill in
place.
(4)
Endanger the stability of foundations of dwellings and
other structures.
C.
The small elevation above tidewater, which makes unsafe
and unsanitary the use of cesspools, septic tanks, tile fields and other facilities
for sewage disposal, requires direct connection with properly designed and
maintained sewage disposal plants and causes stormwater drains to back up
and operate unsatisfactorily during periods of high tides, storms and heavy
rainfall. For these reasons and other reasons, the Board of Trustees finds
that it is expedient and desirable, for the good government of the Village,
its management and business, the protection of its property, the safety and
health of its inhabitants, the protection of their property, the preservation
and protection of the public streets, the preservation of public health and
the regulating of the construction, alteration, removal and inspection of
all buildings and structures erected or to be erected herein, that the provisions
of this chapter be enacted and made applicable to the area hereinbefore described,
in addition to the requirements of the several ordinances, rules and regulations
applicable generally throughout the Village.
No work shall be performed or commenced, including filling, dredging,
bulkheading, clearing, grading, excavating, building, construction (temporary
or permanent), road construction, installation of sewers, drains, gas, water,
electricity and other utilities or work of any character whatsoever, except
preliminary surveying and engineering, unless and until a plan of development
therefor shall have been filed with and approved by the Board of Trustees
of the Village of Lawrence.
Such development plan shall be comprehensive and shall show all of the property owned or controlled by the applicant and adjacent property and shall show all creeks, streams, channels and waterways and all topographical features. So far as practicable, it shall contain all of the information and details required by Chapter 182, Subdivision of Land, of the Code of the Village of Lawrence. It shall show all proposed streets, stormwater drains, sanitary sewers, pumping stations and disposal plants and shall show the methods by which the various streets, drains, sewers and other facilities and utilities are to be connected with the nearest existing facilities. It shall also contain construction data showing in detail the method by which the applicant intends to comply with the requirements of this chapter and a time schedule therefor. It shall also contain such additional data as may be required by the Board of Trustees or the Planning Board.
The Board of Trustees may, in its discretion, hold a public hearing
in relation to any plan submitted for its approval as provided in this chapter,
upon such notice as it may determine, at which public hearing the developer
and all persons interested may have an opportunity to be heard.
The Board of Trustees may impose such conditions on the approval of
any development plan that it may deem necessary to assure that the development
will be carried out in accordance with the plan and in accordance with the
provisions of this chapter. Such conditions may include requirements as to
the manner in which the work shall be performed and the order in which the
various portions thereof shall be carried out, the dedication to the Village
free and clear of encumbrances of all streets, sanitary sewers, sewage pumping
stations, sewage disposal plants, stormwater drains, catch basins and appertaining
structures and any control strips, access strips, rights-of-way, easements
and other facilities.
The Board of Trustees may also require the developer to furnish a surety
bond, in form, amount and content satisfactory to the Board, not exceeding
the estimated cost of the work, including bulkheads. Such bond may be in addition
to any bond that the Planning Board or the Board of Trustees may require under
Article 7 of the Village Law. The Board of Trustees may, however, permit said
bonds to be consolidated or a single bond given to cover the entire work and
improvement.
The approval of the Board of Trustees shall be noted on the face of
the development plan and entered in the minutes of the Board.
All work and materials shall comply with the requirements of this chapter.
A.
Fill shall consist of sand or gravel or sandy or gravely
soils rated as "fair to good" or better for foundation purposes on the Casagrande
soil chart. Silts and very fine sands, clays of low to medium plasticity,
sandy clays, silty clays, peat and other high-organic swamp soils, as described
on said soil chart, shall not be used.
B.
Fill may be either dry or placed by hydraulic means.
C.
Fill must be graded to a stable elevation at least equal
to the height of the highest spring tides plus three feet, as may be shown
by data prepared by the County of Nassau or the United States Coast and Geodetic
Survey or other official sources, or as may be determined by the Board of
Trustees. If mud, peat or silt is not removed before the fill is placed, an
additional two feet of elevation is required to assure against settlement
because of compression.
D.
Fill shall be planted with beach grass or other vegetation,
sufficient to avoid dust in times of heavy wind.
Bulkheads complying with the requirements of this chapter must be installed
adjacent to all channels, creeks, ponds, lakes, canals and waterways of every
kind. If filling is carried on in sections, sod bulkheads may be erected at
the boundaries of each of such sections.
Bulkheads may be of wood, concrete or stone. If of wood, they shall
comply with the following specifications. If of concrete or stone, they shall
have a strength and stability equal to a wooden bulkhead complying with such
specifications. Such specifications are as follows:
A.
Piles. Piles shall be southern yellow pine, treated to
retain not less than 20 pounds of No. 1 creosote oil per cubic foot. Piles
shall be spaced a maximum of seven feet on centers. Piles shall be at least
ten-inch butts of a length to ensure five-foot penetration in sound bottom.
Spud piles of similar specifications shall be provided where required by the
Board of Trustees.
B.
Wales. Two sets shall be required of eight-inch by three-inch
sound timbers. All splices shall be on the piles. All splices shall be bolted
with half-inch bolts, two bolts to each splice. Wales shall be southern yellow
pine, treated to retain not less than 20 pounds of No. 1 creosote oil per
cubic foot of wood.
C.
Sheathing. Sheathing shall be a minimum thickness of
three inches. Lengths shall be such as to ensure a minimum penetration of
four feet in sound bottom. Sheathing shall be southern yellow pine, treated
to retain not less than 20 pounds of No. 1 creosote oil per cubic foot of
wood.
D.
Tiebacks. Bulkheads shall be tied back with iron or steel
tie-rods not less than one inch in diameter and spaced not less than seven-foot
centers. Tie-rods shall be securely fastened to an untreated oak deadman not
less than 10 inches in diameter and buried not less than four feet below grade
level. All tie-rods shall be hot-dipped galvanized. All tie-rods shall be
equipped with DD washers three inches in diameter, washers to be countersunk
in outer pile. All rods shall have minimum six-inch threads at each end for
adjustment purposes. Lower tie-rods shall be provided in addition where required
by the Board of Trustees.
E.
Where bulkheads are constructed along Reynolds Channel
or Woodmere Bay or other places where there is a substantial tidal velocity,
the Board of Trustees may impose additional requirements.
No bulkhead shall be constructed unless a special permit therefor has been previously applied for and issued by the Village. The provisions of Chapter 70, Building Construction and Fire Prevention, relating to applications for a building permit, the issuance of a building permit and the issuance of a certificate of occupancy, shall apply to the construction of a bulkhead.
Stormwater drains, catch basins and appurtenant structures shall be
constructed of a size and so located as to provide adequate drainage, in conformity
with the requirements of the Commissioner of Public Works of the County of
Nassau or other Nassau County official having jurisdiction. All stormwater
drains must be of reinforced concrete or cast iron.
Sanitary sewers shall be provided of a size and so located as to conform
to a comprehensive sewerage plan approved by the State Department of Health.
In addition, sewage pumping stations and other accessory structures shall
also be provided where required by the Board of Trustees. In cases where it
is not feasible to connect with the existing Village sewerage system, a complete
sewage disposal plant must be provided of a size, capacity and design approved
by the Board of Trustees of the Village of Lawrence or the New York State
Department of Health. Sanitary sewers shall be constructed of cast-iron pipe
with waterproof joints, unless otherwise provided by the Board of Trustees.
All stormwater drains and sanitary sewers shall be constructed on a
stabilized bed composed of three-fourths-inch stone or selected gravel confined
by tight shoring or such equivalent as may be approved by the Board of Trustees.
All trenches must be shored. Where required by the Board of Trustees,
shoring must remain in place.
In addition to the requirements of Chapter 212, Zoning, Chapter 70, Building Construction and Fire Prevention, and other applicable Village ordinances, the following requirements shall apply:
A.
Every building having sanitary facilities shall be connected
with sanitary sewers. No cesspools, septic tanks, tile fields or other sewage
disposal facilities will be permitted. Under no circumstances may sewage be
permitted to discharge directly or indirectly into Reynolds Channel, Broswere
Bay, Crooked Creek, Bannister Creek, Mill Creek or Woodmere Channel or any
waters tributary thereto.
B.
Unless otherwise permitted by the Board of Trustees,
all buildings, other than temporary workmen's shacks, shall be constructed
with pile foundations of a size and capacity approved by the Board, which
shall be driven to a point of resistance that will carry the required tonnage.
The Board of Trustees may, in particular cases or in particular classes
of cases, impose such additional requirements as it may deem necessary or
proper to carry out the purposes of this chapter.
Upon filing a development plan, the applicant shall pay to the Village,
upon demand, the reasonable cost, to be determined by the Board of Trustees,
of engineering and inspection services which may be required in the study
of the terrain covered by the application and the study of the engineering
matters involved, and the Board of Trustees shall not be required to act upon
the application unless and until such sum of money has been paid to the Village.
In addition, the Board of Trustees may, from time to time, during the progress
of the development, require the developer to pay such additional sums of money
as the Board of Trustees may determine to defray the cost of supervision,
inspection and engineering in behalf of the Village to assure the compliance,
by the developer or his contractor, with the requirements of this chapter
and other applicable Village ordinances.
The Village Engineer, and such other persons as may be designated by
the Board of Trustees, shall have full right of inspection during the progress
of the work and access to all parts of the development. The Village Engineer
may also cause tests to be made, at the cost and expense of the developer,
of any work or materials or to determine the nature and bearing capacity of
the soil and any other physical or other condition that they may deem necessary
to assure compliance with this chapter.
If the Village Engineer shall determine that any work performed or intended
to be performed or any materials used or intended to be used do not comply
with the development plan or the provisions of this chapter or any conditions
imposed by the Board of Trustees, he may order the work affected by this determination
to be stopped until he is satisfied that the violations or proposed violations
have been corrected. No work shall be performed while such order is in effect
The developer may appeal in writing to the Board of Trustees from such order
of the Village Engineer, and, upon such appeal, the Board of Trustees may
affirm, modify or reverse the determination appealed from. If the Board of
Trustees shall fail to meet or take action within 10 days from the date of
filing such written notice of appeal in the office of the Village Administrator,
the work may proceed, without prejudice, however, to any other action which
the facts may justify.
No building shall be constructed unless and until a development plan
of the region in which such building is proposed shall have been approved
by the Board of Trustees and unless and until the method for providing such
building with access to public streets and with sewers and other public utilities
has been approved by the Board of Trustees. No certificate of occupancy shall
be granted for any such building unless and until such streets, sewers and
public utilities shall have been completed to the satisfaction of the Board
of Trustees and unless and until the Board of Trustees shall have accepted
a dedication of such streets and sewers and other utilities (other than gas,
water, telephone, electricity and utilities installed and maintained by private
utilities companies) or, in case of streets, unless and until a bond shall
have been posted, and shall continue in force, in an amount approved by the
Board of Trustees sufficient, in the opinion of the Board, to assure the completion
of such streets in accordance with Village specifications.
[Amended 4-13-1988 by L.L.
No. 5-1988]
This chapter is remedial and shall be construed liberally to carry out
the legislative purposes hereinbefore stated.
This chapter shall take effect upon its adoption and shall apply throughout
the areas described in this chapter, whether heretofore or hereafter filled
in. But in case of areas already filled in, in whole or in part, or in case
a subdivision plan has been heretofore approved by the Planning Board or Board
of Trustees, no additional plan need be filed or work performed by reason
of this chapter, unless or until buildings are proposed to be constructed
thereon, in which case this chapter shall apply to all such new construction.
[Added 4-13-1988 by L.L.
No. 5-1988; amended 9-11-2002 by L.L.
No. 5-2002]
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 up to a maximum of $1,000
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.
