[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-2-1964 as Ch. 6, Art. IV, Div. 2, of the 1964 Code of Ordinances. Amendments noted where applicable.]
Building construction — See Ch. 95.
Whenever an owner of property abutting a waterway within the village commences construction on or development of such property with any building, structure or improvement thereon located within 50 feet of the high-water mark of the waterway abutting such property, a bulkhead shall be constructed in accordance with the provisions, rules and regulations of this chapter.
The bulkhead shall be made level and set to a grade based upon a gradient of 2% below the legal elevation of the crown of the nearest existing or proposed street, road or highway.
The minimum elevation of the top of the bulkhead shall never be less than plus 5.00 feet Nassau County Datum (plus 2.11 feet Cedarhurst Datum).
Where backfill is placed adjacent to adjoining property, the same shall be made level or a return constructed to adequately support the embankment. The return shall be extended to two feet beyond the point where the adjacent properties are level.
Bulkheads shall be designed by a licensed professional engineer or registered architect for the loads that may be placed upon the bulkhead. The minimum allowable loads are 100 pounds per square foot surcharge in general; 300 pounds per square foot surcharge where bulkheads are within 20 feet of the edge of a roadway; 30 pounds per square foot side pressure by earth; and 80 pounds per square foot side pressure for earth in water.
Maximum allowable timber stresses permitted shall be one 1,200 pounds per square inch in bending; 100 pounds per square inch in shear; 325 pounds per square inch in hearing. Maximum tension in the tie-rods and bolts shall be 24,000 pounds per square inch. Ties are to be upset to give full area. Buried anchors shall be designed for a minimum safety factor of 1.5 times the tie-rod loading and shall be at such depth as to prevent sliding of the bulkhead. All other design factors shall be in conformity with standard practice.
In addition to the foregoing, in no event shall the construction be less than the following minimum specifications:
Piles. All piles shall be yellow pine 10", 6" -3'- creosoted under 12 pounds of pressure. Spacing shall be set at a maximum of nine feet on center. Penetration of pile shall be at a minimum of 1/3 its length in good material. Piles shall be sound, straight and true and free from any defects that may impair their strength or durability. Piles shall be blazed at wale locations.
Wales. Wales shall be yellow pine, creosoted under 12 pounds of pressure, structural grade f1200 pounds per square inch, minimum six inches by eight inches, fastened securely to piles with a three-fourths-inch diameter bolt nut and O. G. washers. All splices shall be on piles only. Wales shall be set with eight inches depth on vertical. Spacing of wales shall be at a maximum of five feet on center.
Sheathing. Sheathing shall be three-inch T & G yellow pine creosoted under 12 pounds of pressure. Penetration shall be at four-foot minimum in good materials. All sheathing shall be set straight, tight and secure and spiked to each wale with two spikes.
Piles to be tie-backed. All piles shall be tie-backed, at a minimum distance of 12 feet to the rear of the sheathing. Dead man shall be connected with tie-rods, through center and located 16 inches from the top of the pile. All required nuts, bolts and O. G. washers shall be provided.
Hardware. All hardware shall be hot-dipped galvanized material.
Conformity to regulations. All work regarding bulkhead construction and any of its affiliated appurtenances, when incorporated in subdivision maps in the village, shall conform to all of the conditions and requirements as established herein.
Conformity to practices. All work shall conform to the best practices for the trade involved. All field cuts, including drill holes on timber and timber piles shall be hand-treated with preservative materials. Pile tops, after being set and cut, shall be treated with two coats of heavy preservative material. All timber materials shall be treated in accordance with preservative and methods approved by the American Wood Preservers' Association. All materials shall be creosoted under 12 pounds of pressure.
A certificate of completion shall be obtained at the conclusion of the work. Prior to the issuance of the certificate of completion, an affidavit shall be submitted by a registered architect or professional engineer certifying that the construction has complied with the approved plans and specifications.
In addition to the remedies herein provided, the Mayor and Board of Trustees or the Building Official acting in the name of the village or any person aggrieved acting in his or her own name shall have the right and power to enforce the provisions of this chapter by injunction or otherwise as provided by law.
Any owner, lessee, general agent, builder, contractor, subcontractor, workman, employee or any other person who knowingly commits, takes part in or assists in any violation of this chapter by proceeding with any work whatsoever in the construction and erection of said bulkhead without compliance with this chapter and obtaining the necessary permit therefor or by failing to comply with the specifications set forth in §§ 95-28 and 95-29A and §§ 105-2 through 105-7 above set forth and obtaining the necessary approvals by the required village authorities shall forfeit and pay a penalty set in accordance with Chapter 1, Article III, General Penalty, for each and every day that said structure or timber bulkhead continues to be maintained and erected in violation of the foregoing.