A permit is not required for improvements that involve repairs of
a minor nature as determined by the Building Inspector, or a retaining
wall 24 inches or less in height, unless construction of the wall
will result in a material change of grade or surface water flow that
may affect other properties. In that event, a retaining wall permit
is required.
A minimum setback from a lot line for new retaining walls that rise
above the grade of the public right-of-way shall be one foot of distance
for each one foot of height.
For retaining walls over 24 inches in height visible from the road
or adjacent property, the use of a smooth concrete wall shall not
be permitted. The exterior of all such walls shall be natural materials,
decorative wall blocks or textured concrete, so as to minimize the
negative visual impact of the wall. The treatment of these walls shall
be indicated on the site plan and construction drawings.
Retaining walls over 30 inches in height that create a walkable surface
behind the top of the retaining wall shall have a guard or fence at
least three feet in height at the top of the wall to ensure safety.
Retaining walls that are multitiered shall have a guard or fence installed
on the highest tier. Lower tiers that are accessible shall be protected
with fencing, guard, or landscaping to prohibit access at each end.
Construction drawings designed, signed and sealed by a professional
engineer or registered architect duly licensed by the State of New
York, indicating type of wall and construction details.
Signed and sealed calculations showing that the wall is designed
to prevent overturning, sliding, excessive foundation pressure and
water uplift. Retaining walls must be designed for a safety factor
of 1.5 for lateral sliding and overturning.
A new retaining wall or single tier of a multitiered wall shall not
exceed four feet in height. The height is to be measured from the
lowest point on the adjoining grade.
A minimum horizontal distance of four feet is required between walls
installed in a tiered installation. The area between the tiers shall
be graded with no more slope than needed to facilitate shedding of
surface waters and must be landscaped with natural material and be
properly maintained.
Provisions must be made to contain stormwater and prevent erosion
on the subject property and to protect all adjoining properties from
the same during and after construction.
Permission to enter upon and/or disturb any adjoining property must
be obtained from the property owner prior to the issuance of a building
permit. Any adjoining property disturbed by the installation of a
retaining wall must be restored to its previous condition.
Retaining walls will not be permitted when the installation will
destabilize or cause the removal of trees on an adjoining property,
regardless of property line location, unless prior written permission
is granted by the adjoining property owner and a tree removal permit
is issued.
All repairs not minor in nature, as determined by the Building Inspector,
and all repairs of an existing retaining wall of any full-height section
of the wall over two feet in height shall require a permit. For all
repairs over 4 feet in height, plans must be submitted, signed and
stamped by a duly licensed construction design professional who may
be an architect or engineer.
Repairs of a minor nature include, but are not limited to, patching
cracks in concrete retaining walls, replacement of rotted landscape
ties that will not cause the removal of entire wall sections and correction
of settlement in masonry unit walls that will not disturb the geotextile
or footings.
Retaining walls shall be inspected annually by the owner for signs
of tipping, clogged drains or soil subsidence. If such conditions
exist, they should be corrected immediately. The Building Department
shall have the authority to require any necessary repairs to a retaining
wall that jeopardizes public health, safety and property.