[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Harbor as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-9-1953 by Ord. No. 33; amended
in its entirety 3-23-1961 by Ord. No. 70]
A.
Every bulkhead must be located along the lot line
of the owner or on his adjacent upland property.
B.
No bulkhead shall be constructed in the water of Macy
Channel, Georges Creek, Hewlett Bay, Lake Kathellen, Mallow Reach
or Thixton Creek or in any tidal waters adjoining the same outside
of such property line.
[Amended 7-11-1985 by L.L. No. 3-1985; 3-13-1997 by L.L. No.
3-1997]
Every bulkhead hereafter constructed shall comply
with the following specifications:
A.
Piles. All piles shall be No. 1 structural grade southern
yellow pine treated to retain not less than 12 pounds of No. 1 creosote
oil or 2.5 pounds of (C.C.A) Chromated Copper Arsenate per cubic foot
of wood. Piles shall be spaced maximum seven feet on centers. Piles
are to be ten-inch butts measured three feet from butt and six-inch
minimum tip. They shall have a length to ensure ten-foot penetration
in sound bottom.
B.
Wales. Two sets of six-inch-by-six-inch sound timbers.
All splices shall be on piles. All splices are to be bolted with 1/2
inch bolts, two bolts to each splice. Wales are to be No. 1 structural
grade southern yellow pine treated to retain 12 pounds of No. 1 creosote
oil or 2.5 pounds of (C.C.A.) Chromated Copper Arsenate per cubic
foot of wood.
C.
Sheathing. Sheathing shall be a minimum thickness
of three inches, tongue and groove. Length is to be such as to ensure
a minimum penetration of four feet in sound bottom. Sheathing shall
be No. 1 structural grade southern yellow pine treated to retain 12
pounds of No. 1 creosote oil or 2.5 pounds of (C.C.A.) Chromated Copper
Arsenate 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 more
than seven feet on centers. Tie-rods shall be securely fastened to
an untreated oak deadman not less than 10 inches in diameter and buried
not less than two feet below grade level. Two stakes shall be driven
in front of the deadman at each tie-rod. Stakes must be a minimum
of two inches by 10 inches by six feet. 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 are to have minimum six-inch threads at each end for adjustment
purposes.
E.
Inspection. A rod-probing report shall be submitted
with the application for a permit, showing the depth to a sound bottom.
Materials shall be inspected by the Building Inspector on the job
for proper length of piles and grade of lumber treatment after materials
have been delivered to the site and before the work actually commences.
Certificates of the treatment company showing treatment of the materials
as herein required shall be furnished no later than the time of inspection
of materials on the site. The Building Inspector must be notified
at least 48 hours in advance when materials will be available for
inspection.
No bulkhead shall be constructed in the Village unless a permit therefor has previously been applied for and issued. The provisions of Chapter 17 of this Code relating to applications for a building permit, the issuance of a building permit, the issuance of a certificate of occupancy and other administrative provisions shall apply to the construction of a bulkhead.
[Added 11-11-1971]
Every bulkhead heretofore or hereafter constructed in the Village shall be kept and maintained by the owner in good repair and condition in accordance with the standards set forth for original construction of bulkheads in this article. When the sheathing to be replaced on an existing bulkhead exceeds 10% of the width of the existing bulkhead, a building permit shall be required in accordance with the provisions of § 25-3 hereof.
[Added 5-11-2008 by L.L. No. 5-2008]
The violation of any provision of this chapter
is punishable by a fine not exceeding the amount of $1,000 per day
for each day the violation exists or imprisonment for a period not
exceeding 15 days, or both such fine and imprisonment. A new appearance
ticket may be issued each day that the offender(s) is/are in violation.
[Adopted 10-14-1965 by Ord. No. 85]
No person shall construct any bulkhead, shoring
or other structure along the shore of Willow Pond or erect any building
or structure within 50 feet of Willow Pond or fill, excavate or make
any change in the elevation or grade of the land adjoining Willow
Pond and situated within 50 feet thereof without previously applying
for and obtaining from the Board of Trustees of the Village of Hewlett
Harbor a special permit therefor.
An application for a permit under this article
shall be in writing and shall be filed with the Village Clerk. Such
application shall state with particularity the nature and location
of the proposed work and the name and address of the contractor or
other person who is to perform the work and shall be accompanied by
such plans, diagrams, soil tests and other information as the Board
of Trustees may require.
Such application and such permit shall be in
addition to any other applications or any other permits that may be
required under other provisions of the Code of the Village of Hewlett
Harbor.
Such permit shall not be granted if, in the
opinion of the Board of Trustees, the proposed work will change or
tend to change the location of the shore of Willow Pond or the property
line between the pond and the adjacent upland or the boundary line
between the Village of Hewlett Harbor and the Village of Hewlett Bay
Park or the depth of water in the pond or the surface or subsurface
stormwater drainage conditions in the area or the use and enjoyment
of Willow Pond by the owners thereof (presently the Village of Hewlett
Bay Park and the Village of Hewlett Harbor) or the persons entitled
to such use and enjoyment.
Such permit may be granted if the Board of Trustees shall determine that the provisions of § 25-8 are complied with; provided, however, that the Board of Trustees may, in issuing such permit, impose such terms and conditions as it may deem necessary or proper in order to assure that there will be no violation of the provisions of § 25-8 in the future.
