[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:
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.
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.
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:
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.
The unstable nature of the surface or of subsurface soil of the marsh and meadowland, which, among other things, tends to:
Result in uneven subsidence of the fill which may be placed thereon.
Result in changes in grade and consequent fractures and disalignment of sewers. drains, curbs and pavements.
Make difficult the permanent retention of the fill in place.
Endanger the stability of foundations of dwellings and other structures.
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.
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.
Fill may be either dry or placed by hydraulic means.
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.
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:
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.
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.
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.
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.
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:
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.
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.