[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 7-19-2005 by L.L. No. 7-2005 (Ch.
129 of the 2005 Code). Amendments noted where applicable.]
A.
No retaining wall may be built within the Village
unless the Building Inspector issues a building permit for its construction.
Application for the permit shall be made on a form promulgated by
the Building Inspector.
B.
Application; issuance of permit.
(1)
No permit will be issued for a retaining wall unless:
(a)
The application is accompanied by plans for
the development of the land that the retaining wall is intended to
support and of any other land on the same tax lot or lots; or
(b)
The application demonstrates a serious erosion
or flooding problem or a serious threat to public health and safety
which can be solved by a retaining wall or walls.
(2)
Prior to issuing a permit for a retaining wall, the
application must be approved by the Design Review Board.
(3)
The Building Inspector may require additional information
to evaluate applications presented under this subsection.
A.
No retaining wall may exceed four feet in height.
Height shall be measured from the lowest point on the adjoining grade.
This subsection shall not prohibit applications for a series of retaining
walls in parallel step design.
B.
A minimum of five horizontal feet is required between
retaining walls in parallel step design. The area between such retaining
walls must be landscaped with natural material and must be maintained.
C.
No retaining wall may exceed the height of the adjoining
grade that it supports or retains.
D.
Provision must be made to accommodate stormwater on
a property during construction and after completion of a retaining
wall.
E.
The height restriction of this section does not apply
to retaining walls whose construction was completed and which were
backfilled prior to the effective date of this chapter. If such walls
are determined to be unsafe by the Building Inspector or by a licensed
engineer or architect, they may be repaired, subject to approval of
the Building Inspector, provided that the repaired structure is of
the same or smaller size and type. If such walls are demolished or
abandoned, however, any replacement retaining wall must conform to
this section.
F.
All retaining walls shall be constructed of approved
wood, masonry, stone or reinforced concrete and so designed that they
shall resist the pressures to which they are subjected.
[Added 9-12-2006 by L.L. No. 5-2006]
Any person aggrieved by the decision of the
Building Inspector to grant or deny a building permit for a retaining
wall may appeal said decision within 30 days of the decision thereof
to the Village of Plandome Manor Board of Zoning Appeals.
