[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 5-8-2000. Amendments noted where applicable.]
A.
The applicant shall file a site plan of the property
showing the proposed development and construction at a scale sufficient
in size to permit an adequate review, but in no event shall the scale
be less than one inch equals 50 feet. The site plan shall be prepared
by a licensed architect, professional engineer or surveyor and include
all details listed herein.
B.
A land survey shall be incorporated in the site plan.
It shall include all survey information required hereunder and shall
be sealed and signed by the preparer, who shall be a duly licensed
surveyor in the State of New York.
C.
An immediate or second survey shall be provided after
the foundation is constructed showing as-built information, which
shall include elevations of top of walls, cellar floors, etc., and
setbacks from the property lines.
D.
A final site plan survey shall be submitted containing
all as-built information, which shall include locations, sizes, depths
and capacity of drainage structures and their connecting pipe, flow
lines and final grades for the entire project, as well as offset distances
of drainage structures from buildings, etc., location of all LIPA
H-frame residential electrical meter board and meter pans, and detailed
landscaping plans and specifications, before the issuance of a certificate
of occupancy. This final site plan survey shall be prepared by a land
surveyor duly licensed by the State of New York, who shall certify
that all information contained thereon is correct.
[Amended 9-8-2003 by L.L. No. 5-2003]
E.
Any plans which cannot be submitted under the criteria
included in these rules and regulations and have Board of Trustees
approval will be reviewed using generally accepted engineering criteria
and data. Fact sheets, information, references, etc., to support the
different criteria and data used are to be submitted by the applicant's
engineer.
[1]
Editor's Note: The resolution adopting these
regulations included the following introductory paragraph: "The Board
of Trustees of the Village shall have the exclusive right to waive
or modify these rules and regulations on individual properties when
there is demonstrated by the property owner practical difficulty or
unnecessary hardships in complying with said requirements. Additionally,
whenever in the opinion of the Village Building Inspector the alteration
of a building is so insubstantial that the application of these rules
and regulations would serve no public purposes, the regulations can
be waived with Board approval."
The applicant shall complete and submit the
permit application ("application") provided by the Building Department.
If any information is unknown, so state. If the development has another
name or names, so state. Seven copies of the application, individual
site plan and land survey shall be submitted, and three copies of
an overall site plan, if applicable, upon initial submission for building
permits only.
A land survey shall be prepared by a surveyor
duly licensed in the State of New York. Such survey shall contain
the following information:
A.
Name, address and phone number of owner of record.
B.
Name, address and phone number of person, firm or
organization preparing map, with applicable original seal and signature.
C.
Date, North arrow and written or graphic scale.
D.
Sufficient description or information to define precisely
the boundaries of the property in metes and bounds. All distances
shall be in feet to the nearest .01 foot. All angles shall be given
to the nearest 10 seconds or closer. The error of closure shall not
exceed one in 10,000.
E.
The locations, names and existing widths of adjacent
streets and curblines.
F.
A tie distance to an established street intersection.
G.
Section, block, lot and square footage of plot.
H.
The locations, width and purpose of all existing and
proposed easements, setbacks, deed restrictions and areas dedicated
to public use within or adjacent to the property.
The site plan shall be prepared by a professional
engineer, registered architect or landscape architect or surveyor
licensed in the State of New York. The site plan shall include the
following information:
A.
Name, address and phone number of owner of record.
B.
Name, address and phone number of person, firm or
organization preparing the site plan.
C.
Date, North arrow and written or graphic scale.
D.
Sufficient information to define precisely the boundaries
of the property in metes and bounds. All distances shall be in feet
and tenths of a foot. All angles shall be given to the nearest 10
seconds or closer.
E.
Names of all abutting streets showing existing rights-of-way
and whether said streets are Village, town, county or state highways.
Existing elevations shall be shown at each property line, each break
in street grade and/or every 50 feet for the center line, edge of
pavement and tops of curbs on roads abutting the site to be developed
as well as for each driveway giving access to the site.
F.
If the plot is located on a county highway, five additional
surveys are required and all county requirements must be met.
G.
If the plot is located on a state highway, three additional
surveys are required and a work permit is to be obtained from the
State of New York.
H.
The survey must provide existing topography showing two-foot contour intervals or spot elevations and all natural and man-made features, such as, but not limited to, curbs, sidewalks, driveways, paved areas, buildings, wells, utilities, sewers, culverts (both above and below grade, including flow direction), hydrants, poles, etc., and, when required by the Village, isolated trees on site and along curbside having a diameter of eight inches or more, measured three feet above the base of the trunk in accordance with Chapter 172, Trees, of the Code of the Village of Muttontown.
I.
The site plan shall show by contour lines, finished
grades or spot elevations sufficient data to clearly indicate how
new grades will meet existing grades of adjacent properties or the
street and to show exactly how the land will be graded and drained,
including the direction of surface flow (delineated with arrows),
the depths and percent grade, limits of all cuts and fills, swales,
slopes and elevations at 20 feet and/or 40 feet beyond each side and
rear property line and grading limit lines.
J.
The location, size, type and depth of sanitary and
storm drainage facilities with top and invert elevations. Drainage
shall be provided on existing streets as required by the applicable
agency.
K.
The location of all buildings and decks, structural
improvements and paved areas, including proposed ground-floor and
finished-grade elevations at the corners of the buildings, or structural
improvements and spot elevations and flow arrows for all paved areas,
as well as all trees over 24 inches in diameter at a height of 12
inches above the ground.
L.
Approximate boundaries of any areas subject to periodic
flooding or stormwater overflows. Wetlands must be noted on plans.
M.
The location and clearances of all proposed water
service lines and sewer lines or any alternate means of water supply
and sewage disposal and treatment, which shall comply with the provisions
of the Nassau County Health Department.
N.
Location of LIPA H-frame residential electrical meter
board and meter pans, which shall not be located in the front yard
and shall be adequately screened from the road and adjoining properties.
[Added 9-8-2003 by L.L. No. 5-2003[1]]
[1]
Editor's Note: This local law also renumbered
former Subsection N and O as O and P, respectively.
O.
For nonresidential site plans:
(1)
A key map at a scale of one inch equals 800 feet,
showing clearly and accurately the location of the property in relation
to the neighboring streets (streets shall show a double line).
(2)
The location, arrangements and materials of proposed
means of access and egress, including sidewalks, curbs, driveways
or other paved areas. Directional control signal and pavement markings
shall be shown. Profiles indicating grading and cross sections showing
width of roadway, location and width of sidewalks and location and
size of water and sewer lines shall be shown. Any proposed direct
pedestrian connection to public parking lots or structures shall also
be shown, including handicap ramps at corners.
(3)
The location, direction, height, power and time of
use for any proposed outdoor lighting or public address system.
(4)
The location, height and size of any freestanding
pipe.
(5)
Any proposed screening and other landscaping, including
types and locations of proposed street trees and other trees, shrubs
or fences, etc.
P.
Site plans for individual sites, residential and nonresidential,
are to show the method of drainage using dry wells, drainage reserve
areas or a recharge basin for a positive system utilizing Nassau County-type
catch basins, manholes and connecting pipe. The proposed design for
the site should be in agreement with the approved subdivision site
plan.
Q.
The site plan or an accompanying landscaping plan
must show all proposed and existing landscaping on the premises, in
compliance with the minimum site landscaping standards.
[Added 9-8-2003 by L.L. No. 5-2003[2]]
[2]
Editor's Note: This local law also renumbered
former Subsections P, Q, and R as R, S and T, respectively.
R.
The site plan must show all existing and proposed
easements.
S.
Any positive drainage system or structures in the
area which will be utilized by direct connection or for emergency
overflow are to be shown. The agency having jurisdiction over the
system or structure (county, town, Village, etc.) is to be indicated
and approval is to be obtained from that agency.
T.
Any other data deemed by the Village of Muttontown
to be necessary to determine the adequacy of the site plan for the
proposed development.
A.
Drainage standards.
(1)
All stormwater runoff storage criteria are minimum
standards. Depending on specific site conditions, the Village Engineer
may require that additional storage be provided above those standards
set herein. All dry wells must be brought to grade with a minimum
two-foot-diameter, cast-iron cover.
(2)
All interconnecting piping between drainage structures
must be rigid pipe with a minimum ten-inch diameter. Roof leaders
can be piped only with a rigid four-inch-diameter (minimum) pipe.
(3)
All dry wells must be a minimum of 10 feet clear from
all property lines and 20 feet clear from building foundations. If
the size of the lot, along with other zoning requirements for the
building setback limits, does not allow the location of a dry well
as mentioned above, then:
(a)
The developer's engineer may submit a letter
to the Village Engineer with an original seal and signature indicating
that a lesser distance to the building will not have an adverse effect
on the building, and the reasons for this determination.
(b)
In no case should the minimum distance from
the building be less than 10 feet.
(c)
The Village Engineer shall have the authority
to either accept or reject any request based on a review of the subject
matter.
B.
Roof drains and gutters.
(1)
Whenever they are required, roof dry wells shall be
provided having a storage capacity for a minimum two inches of rainfall
and 100% runoff. They shall be constructed in accordance with the
Village of Muttontown standards (see dry well detail).[1]
[1]
Editor's Note: The dry well (diffusion well)
detail is included as an attachment to this chapter.
(2)
Gutters are required on all buildings. The following
criteria are to be met:
(3)
Roof water is not to be discharged into flower beds
or planting areas next to (adjoining) any foundation. Window wells
should be installed as necessary so as to provide adequate drainage
away from the window and foundation.
(4)
When dry wells are not required, roof leaders with
elbow shall be discharged onto concrete splash blocks which are adequately
designed to carry stormwater away from the foundation and disperse
it so as to prevent soil erosion.
C.
Drainage for driveways and patios.
(1)
When a dry well is required for a driveway, it is
to be sized to provide sufficient minimum storage capacity for a two-inch
rainfall and 100% runoff from the paved area.
(2)
For any patio or other impervious backyard area over
500 square feet in size, dry wells may be required. The well is to
be sized and located to provide sufficient storage capacity for a
two-inch rainfall and 100% runoff from the impervious area.
(3)
Dry wells must have a minimum of a two-foot diameter
grate or solid, cast-iron cover.
D.
Lawn or yard drains.
(1)
Lawn or yard drains shall be provided if stormwater
runoff onto adjoining lands is, or could cause, a problem. Drains
should have a minimum of a two-foot-diameter grate.
(2)
Lawn or yard drains may be utilized for or be interconnected
with driveway drainage.
(3)
Lawn or yard dry wells in accordance with the detail
shall be located into an acceptable permeable soil to provide storage
capacity for a two-inch rainfall and a minimum runoff coefficient
of 30%.
E.
Recharge basins or drainage reserve areas or dry well
systems.
(1)
When recharge basins, drainage reserve areas or dry
well systems are utilized in drainage systems for site plans, they
are to be designed, detailed and constructed in accordance with the
minimum standard criteria of the Nassau County Department of Public
Works.
(2)
A recharge basin or drainage reserve area may be required
for all applications for property in excess of 5.0 acres.
(3)
For recharge basins, drainage reserve areas and designated
dry well systems listed above, the following minimum Nassau County
criteria may be applied by the Village:
F.
Drainage in parking fields.
(1)
Dry wells shall be provided for stormwater runoff.
(2)
Separate wells for roof drains are to be provided
where feasible. Wells in the parking area may possibly be utilized
for roof drainage when approved by the Village Engineer.
(3)
Provide diffusion wells eight feet minimum in diameter
with a cone to provide sufficient storage capacity for two-inch rainfall
and runoff factors of 1.00 (100%) for pavement and a minimum runoff
coefficient of 0.30 (30%) for grassed and landscaped areas and areas
with natural vegetation. Any group of wells is to be connected in
series with a ten-inch-diameter pipe (minimum pipe size).
(4)
A cone is required for all diffusion wells in parking
fields. Where impractical to provide a cone, a road slab and one solid
section may be substituted.
(5)
A cast-iron casting with solid cover or grate at grade,
as required, is to be provided for all dry wells in parking field
areas.
(6)
The minimum clearance between adjacent wells shall
be 10 feet between side walls or 1 1/2 times the effective depth,
whichever is greater. Maximum required separation is 20 feet.
G.
Driveways and private roadways.
(1)
Driveways and/or private roadways shall have a slope
of not more than 10% pitched away from the structure and 8% pitched
towards the structure. Where a driveway is pitched towards the structure,
the driveway shall be swaled with the low point a minimum of eight
feet away from the structure and a minimum of 0.3 foot below the garage
floor. Drainage structures shall be provided as required to drain
the low point of the driveway swale.
(2)
Areas and spaces designed for parking shall have a
slope of not more than 5%.
(3)
Driveway drains may be utilized for or be interconnected
with lawn or yard drains.
(4)
Drainage must be provided for driveways and parking
areas in excess of 500 square feet. Dry wells shall be sized as a
minimum to provide sufficient storage capacity for a two-inch rainfall
and 100% runoff. In the event that a recharge or retention basin and
positive drainage system has been installed in the roadway of a new
subdivision, driveways may be discharged into this facility, providing
the facility has been designed to accept this runoff.
H.
Grading.
(1)
Front yard is to slope out and down to the sidewalk
and/or curbline of the street.
(2)
Minimum slope of lawns is 1%.
(3)
Any undisturbed sloping areas which are outside the
grading limit lines and are already stabilized and left undisturbed
are to remain as is. No additional runoff is to be directed into this
area from the newly constructed areas.
(4)
Grading of lots for areas that are disturbed or regraded:
(a)
Maximum slope, cut area: one vertical to two
horizontal.
(b)
Maximum slope, fill area: one vertical to three
horizontal.
(c)
Water is to be prevented from flowing over the
top of slopes by berming and/or regrading or, if necessary, by the
installation of drainage structures above the slope.
(d)
Lines with elevations indicating top and bottom
of slope are to be shown.
(e)
Use retaining walls wherever the proper slope
would encroach upon adjacent property.
(f)
Tree wells may be required whenever grade changes
may adversely affect a tree.
(5)
Whenever backyards or portions of lots are not to
be regraded but left in their natural state, grading limit lines are
to be indicated on the site plan.
I.
Minimum site landscaping. The applicant must provide
the minimum landscaping on all sites as follows:
[Added 9-8-2003 by L.L. No. 5-2003[2]]
J.
Retaining walls.
(1)
A permit is required for all retaining walls not incorporated
in a building permit application for another improvement.
(2)
A permit is not required for any wall less than 24
inches (two feet) high. Timber retaining walls which are greater then
24 inches (two feet) but less than or equal to 48 inches (four feet)
can be constructed as a minimum in accordance with the typical Village
of Muttontown detail.[3]
[3]
Editor's Note: The timber retaining wall detail
diagram is included as an attachment to this chapter.
(3)
Any wall higher than 48 inches (four feet) is to be
designed by a professional engineer or registered architect duly licensed
by the State of New York. This shall include all types of walls (railroad
ties, concrete, mortared brick, etc.).
K.
Elevations.
(1)
First floor or first level of habitable use shall
be a minimum of 18 inches above any part of any front yard street
elevation, except where most or all of a lot is below or slopes down
from the grade of the adjoining street.
(2)
Garage floors are to be 12 inches above any part of
the adjoining street to which the driveway leads, except underground
or depressed garages or where there are special conditions.
(3)
In floodplain areas, minimum elevations as stipulated
in federal regulations for floodplain areas or areas subject to flooding
are to be held.
(4)
All wood construction, including but not limited to
sills, girders, joists, sheathing, studs and shingles, shall be a
minimum of eight inches above the external finished grade.
L.
Abnormal soil conditions. For lots and/or areas with
impervious or abnormal soil conditions (i.e., hardpan, clay or perched
water problems), where dry wells cannot be used, the overall site
plan shall be submitted indicating how the lot and general area are
to be sloped and drained, using swales, spot elevations, deep diffusion
wells where feasible, etc. The scale of this overall plan shall not
be less than one inch equals 50 feet.
M.
Quality of materials. The quality of all materials,
including but not limited to soil, stone blend, recycled concrete,
asphalt, concrete, drainage structures, connecting pipes, metal castings
and timber, shall be the responsibility of the applicant.
Note. "Acceptable permeable soil" is soil with
an absorptive capacity of at least two gallons per square foot per
day. Full-rate course, granular soil has permeability of four gallons
per square foot per day.
|
A.
Residential areas.
(1)
Stormwater runoff is to flow away from all sides of
the foundation and garage area.
(2)
Where surface stormwater is concerned, a plot may
be graded, pitched or swaled to the street as long as the existing
or new drainage facilities in the street can adequately accept the
additional stormwater flow.
(3)
Surface stormwater runoff from graded areas shall
not be diverted onto adjoining property or cause any erosion and damage
to adjoining property or sidewalk areas. Whenever backyards or portions
of the site are not to be regraded but left in their natural state,
grading limit lines are to be indicated on the site plan.
(4)
Where roof stormwater is concerned, stormwater shall
be collected by dry wells or directed toward roadways with adequate
existing drainage facilities.
(5)
Any subsurface or perched water which may require
drainage facilities must be indicated, and complete engineering details
of methods used to keep cellars and basements reasonably dry shall
be submitted. Data on subsurface groundwater shall be submitted, including
the source method (test holes, borings, etc.) and date of collection
of information shown. The applicant is responsible for determining
the subsurface conditions.
(6)
Test holes may be required for an individual site
if adequate soil information does not exist.
(7)
Stormwater runoff should not be permitted to flow
directly into tidal waterways or freshwater wetlands.
B.
Economic district.
(1)
Stormwater runoff is to flow away from all sides of
the foundation. For any basement ramps or below-grade loading areas,
drainage structures are to be provided having a storage capacity for
an eight-inch rainfall and 100% runoff.
(2)
Roof drainage systems must be kept separate from parking
area drainage systems and must be brought to grade with solid, cast-iron
covers.
(3)
Stormwater runoff shall not be directed or diverted
onto adjoining lands.
(4)
The drainage system for the entire complex (building,
parking fields, etc.) is to be designed to be self-contained, using
dry wells or a recharge basin. The drainage system is to be sized
to adequately handle all stormwater runoff from the area being developed.
Dry wells shall be interconnected to create a system or systems wherever
practicable. Piping shall be located in the top full section of the
dry well (minimum pipe size 10 inches). Approved material for piping
for residential and commercial is RCP, cast and ductile iron, PVC
Schedule 80 or SDR 35 and rigid corrugated plastic pipe with smooth
walls, PVC pipe to have a minimum cover of four feet.
(5)
Any subsurface or perched water which may require
drainage facilities must be indicated, and complete engineering details
of methods used to keep cellars and basements reasonably dry shall
be submitted. Data on subsurface groundwater shall be submitted, including
the source method (test holes, borings, etc.) and date of collection
of information shown. The applicant is responsible for determining
the subsurface conditions.
(6)
Pavement requirements for parking fields.
(a)
For commercial and industrial areas and areas
of heavy trucking or high traffic concentration, the minimum pavement
design to be constructed on suitable subbase material which is at
least 12 inches deep shall be five inches compacted thickness of stone
blend base or recycled concrete, two inches compacted thickness of
asphalt binder and one inch compacted thickness of asphaltic concrete
wearing course (NC Type I-A mix).
(b)
Any other type of base (soil cement, penetrated
stone, etc.) proposed for any parking field or access road is to be
approved by the Engineer or his designee.
A.
Whenever the Mayor or his designee determines that
drainage, grading or landscaping cannot be timely completed in accordance
with these rules and regulations due to practical difficulties or
unnecessary hardship, a certificate of occupancy may be issued subsequent
to the posting of surety bonds or certified/bank checks (hereinafter
collectively referred to as "security") in an amount sufficient to
guarantee final completion of a project in accordance with the standards
set forth herein and a processing fee of $500.
B.
Weather conditions alone are not sufficient cause
to take security in lieu of performance. An affidavit of hardship
must be filed prior to issuance of the certificate of occupancy. Security
shall be computed by the Village Engineer or Building Inspector using
uniform estimating standards and shall include an administrative processing
factor to reimburse the Village of Muttontown for costs incurred where
forfeiture of security takes place. Security shall be taken on a lot-by-lot
basis (e.g., subdivisions) or building-by-building basis.
C.
The applicant for a certificate of occupancy shall
have the initial option of choosing whether to post a surety bond,
letter of credit or certified/bank check unless the Engineer or his
designee shall require one form of security over another. In any event,
the section, block and lot file shall indicate therein that a bond
or certified/bank check, as the case may be, has been taken to ensure
performance with these rules and regulations and shall establish a
deadline date in accordance with reasonableness and practical limitations
in performing improvements due to weather conditions or other hardship.
Upon good faith shown by the applicant in attempting to complete required
improvements, reasonable extensions of time may be granted.
D.
Where the applicant has failed to conduct required
improvements within the time limits prescribed by the Village, forfeiture
procedures shall begin. A notice shall be sent by the Village Building
Department, giving the applicant a final 30 days to complete all required
improvements, with copies to the Village Clerk and Village Attorney.
Thereafter, upon failure to comply, the Village Board of Trustees
shall call a hearing to determine forfeiture on written notice to
the applicant, who may be represented by counsel.
E.
A certified check or bank draft, in order to be acceptable
as security, must be made payable to the Village of Muttontown. Third-party
checks or drafts are not acceptable. A surety bond, in order to be
acceptable, must be in the nature of a performance bond establishing
a forfeiture date and must contain any other information which the
Engineer or his designee deems appropriate for the protection of the
Village. Within 72 hours of receipt of a certified/bank check, it
shall be processed in accordance with standing operating comptroller's
procedures.
F.
Security held by the Village of Muttontown shall not
be returned to the applicant unless required forms are filled out
and an inspection of the premises has been conducted verifying completion
of the site work. Security shall be returned on a lot-by-lot or building-by-building
basis, as the case may be. Security may not be transferred unilaterally
to cover different lots or buildings without prior written consent
of the Village. Security shall not be partially reduced unless approved
by the Board of Trustees due to hardship of the applicant. Refunds
will be approved by the Board of Trustees, after a memo of completion
has been received by the Village Clerk's office.
G.
Property owners who conduct their landscaping or grading
prior to release of security or who alter their premises through the
erection of walls, pools, docks, paved areas, etc., may in whole or
in part relieve the applicant/builder of responsibility to complete
required drainage, grading or landscaping or other such improvements.
In that event, the property owner shall be required to fulfill the
applicable criteria contained in these rules and regulations.
A.
In order to avert soil erosion on the disturbed portion
of a site, suitable landscaping shall be provided. Planting of grass
seed shall be deemed sufficient to accomplish soil stabilization except
where slopes or other terrain features will result in washing away
of seed. Under such circumstances, alternative means of soil stabilization
will be required and may include sod, hydroseeding, jute mesh, vegetating
ground cover, landscape stones, landscape retaining walls or other
commonly used techniques.
B.
Where the applicant has planted grass seed unsuccessfully
or opted to use one of the other aforementioned alternatives unsuccessfully,
the Building Department has the option to direct the applicant by
letter to take additional measures to stabilize the site and to continue
to hold security pursuant to the rules and regulations herein.