[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates 7-12-1954 by Ord. No. 77; amended in its entirety 2-1-1960 by
Ord. No. 95 (Ch. 62 of the 1981 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 25.
Building construction and plumbing — See Ch. 95.
Flood damage prevention — See Ch. 126.
Freshwater wetlands — See Ch. 129.
Gardeners and landscapers — See Ch. 136.
Parks and playgrounds; pool — See Ch. 150.
Subdivision of land — See Ch. 194.
Zoning — See Ch. 230.
This chapter may be referred to as the "Development Code of the Village
of Great Neck Estates."
The area to which this chapter applies includes the marsh and meadow
land (part of which has been or may be filled in) in the basin at the head
of Little Neck Bay and consists of Lots 32, 36, 54, 57, 59, 61, 328, 357,
364, 365, 366, 367 and 368 in Block L-13, Section 2, on the Land Map of Nassau
County as it existed on July 12, 1954, being Lots 32, 36, 54, 57, 59, 60,
61, 328, 357, 364, 366, 368, 384, 391, 400, 401, 402, and 403 in said Block
L-13 as it existed on December 15, 1959.
A.
The area which this chapter applies consists principally
of marsh and meadow land immediately adjacent to and crossed by tidal creeks
and streams, the greater part of which marsh and meadow land is covered with
water during spring tides and during storms. The development of this area
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:
(1)
The flooding of the area to a considerable depth of water,
such as occurred during the hurricanes of 1938 and 1944, which, in case of
recurrence, might result in heavy loss of life and great destruction of property.[1]
(2)
The unstable nature of the surface and subsurface soil
of the marsh and meadow land which, among other things, tends to:
(a)
Result in uneven subsidence of the fill which may be
placed thereon.
(b)
Result in changes in grade and consequent fractures and
disalignment of sewers, drains, curbs and pavements.
(c)
Make difficult the permanent retention of the fill in
place.
(d)
Endanger the stability of foundations of dwellings and
other structures.
B.
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 therein 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 streets, pavements, 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 and approved by the Board
of Trustees of the Village of Great Neck Estates.
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 and waterways and all topographical features.
So far as practicable, it shall contain all of the information and details
required by the Planning Ordinance of the Village of Great Neck Estates.[1] It shall show all proposed streets, stormwater drains, sanitary
sewers, pumping stations and disposal plants and shall show the method by
which the various streets, drains, sewers and other facilities and utilities
are to be connected with the nearest existing facilities. Where the proposed
development would block or change the location of existing drains, ditches,
streams or creeks, or interfere with the runoff of surface or subsurface water
from adjacent property, the plan shall make adequate provision for the unobstructed
flow of such water to tide water. It shall also contain accurate contours
showing existing and finished grades. The plan shall be accompanied by the
logs of test borings made through any soft, silty, clayey or peat soils to
rock, or, where there is no rock, into at least five feet of firm, hard strata
of sand, gravel or soils of like character. Such test borings shall be certified
by a professional engineer specializing in soil mechanics. 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 to 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 may also require that a five-year maintenance bond be furnished upon the completion and acceptance of the work, which bond shall also assure compliance with the requirements of § 113-12 and the replacement or restoration of pavements, curbs, sewers, drainage systems and bulkheads damaged because of settlement or workmanship.
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, to assure completion
of the work shown on the approved plan and the performance by the developer
of any conditions or requirements that may be imposed. 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 to be given to cover
the entire work and improvement.
The approval of the Board of Trustees shall be entered in the minutes
of the Board and shall be noted on the face of the development plan, together
with a statement of or reference to the conditions that may have been imposed.
All work and materials shall comply with the requirement of this chapter.
Fill shall consist of sand or gravel or sandy or gravelly soils graded
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 highly organic swamp soils, as described
on said soil chart, shall not be used. Fill may be either dry or placed by
hydraulic means. Fill must be graded to a stable elevation at least 10 feet
above Nassau County datum established by the Topographic Section of the Department
of Public Works, that is, mean sea level at Sandy Hook, New Jersey, determined
by the United States Coast and Geodetic Survey. Fill shall be planted with
beach grass or other vegetation sufficient to avoid dust in times of heavy
wind.
If mud, peat or silt is not removed before the fill is placed, an additional elevation of at least two feet is required for the fill to assure against settlement below the elevation required in § 113-11. In such case, no building permit shall be issued for a building upon a lot so filled in for a period of at least two years from and after the date that the final fill and grading was completed. In no case shall a building permit be issued for a building upon a lot that has settled below the elevation required in § 113-11, unless and until additional fill has been placed thereon sufficient to reestablish the required elevation.
Bulkheads complying with the requirements of this chapter must be installed
adjacent to all creeks, streams and waterways of every kind. If filling is
carried on in sections, temporary sod bulkheads may be erected at the interior
boundaries of each of such sections.
Bulkheads may be of steel or other metal of equal strength and durability,
wood, poured concrete or stone. Where wood is used it shall be of southern
yellow pine not less than three inches in thickness and treated by a pressure
process to retain not less than 20 pounds of No. 1 creosote
oil per cubic foot of wood. Where concrete is used it shall be reinforced
with structural steel bars having a minimum cover of two inches and shall
consist of three-thousand-pounds-per-square-inch concrete. An admixture such
as Plastiment for densifying shall be used. Where steel is used it shall be
protected with a coating of bitumastic paint. In general, the bulkhead design
should follow the methods outlined in the steel sheet piling handbook published
by the United States Steel Corporation, or its equivalent.
No bulkhead shall be constructed unless a special permit therefor has been previously applied for and issued by the Village. The provisions of Chapter 230, Zoning, 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.[1]
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, and any additional
requirements which may be imposed by the Board of Trustees. An 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. If the sewerage
system is to connect with the sewerage system of the Belgrave Sewer District,
the requirements of the Commissioners of said Sewer District shall also be
complied with. In cases where it is not feasible to connect with an existing
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 Great
Neck Estates and the New York State Department of Health. Sanitary sewers
shall be constructed of cast-iron pipe with watertight joints, unless otherwise
provided by the Board of Trustees.
All stormwater drains and sanitary sewers shall be constructed on a
stabilized bed at least three feet thick, 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. Unless otherwise specified by the Board
of Trustees, shoring must remain in place.
Whenever a natural flow of surface or subsurface water is encountered,
including a spring or artesian well or pipes connected therewith, or any creek
or ditch serving as a surface drain, such flow shall be adequately piped into
the street drainage system or through a culvert, drainage pipe or gravel trench
or into tide water.
In addition to the requirements of Chapter 130, Zoning, Chapter 95, Building Construction and Plumbing, and other applicable Village ordinances now or hereafter adopted, the following requirements shall apply.
A.
Every building having sanitary facilities shall be connected
to 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 a stormwater drain or into
tidal waters or any waters tributary thereto.
B.
Every building designed or used for dwelling purposes or which contains living accommodations shall be constructed at such an elevation that the lowest point of the first or ground floor level shall be at least 12 feet above Nassau County datum as defined in § 113-11, and no openings in the exterior walls of an excavated cellar or basement shall be permitted below said elevation.
C.
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 load.
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 he 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 his 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 Clerk, the work may
proceed, without prejudice, however, to the determination which the Board
of Trustees may make upon such appeal or to any other action which the facts
may justify.
A.
No building shall be constructed unless and until a development
plan of the area 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.
B.
No certificate of occupancy shall be granted for any
such building unless and until such 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,
drains, sewers and other utilities (other than gas, water, telephone, electricity
and utilities installed and maintained by private utility companies) or, in
the 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 street, including
curbs and drains and appertaining structures, in accordance with Village specifications.[1]
This chapter is remedial and shall be construed liberally to carry out
the legislative purposes hereinbefore stated. In case any section, subdivision,
clause or phrase thereof shall be held invalid, such determination shall not
affect the other sections, subdivisions, clauses and phrases thereof.
This chapter shall take effect upon its adoption and shall apply throughout
the area described in this chapter, whether heretofore or hereafter filled
in; but in case of property already filled in, in whole or in part, or in
case a subdivision plat 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.
