The Board of Trustees of the Incorporated Village of Plandome
hereby determines that unrestricted regrading on any given property
can cause detrimental impact to neighboring properties or public lands,
including but not limited to stormwater runoff, soil erosion and other
environmental damage. The purpose of this chapter is to prevent those
deleterious effects, preserve the natural contours of the land, and
provide for suitable use of private property, while protecting the
health, safety, welfare and property values of the community.
No person, firm or corporation shall commence site work that
involves the construction of retaining walls, and/or any general regrading
that exceeds the limitation set forth in this chapter, without first
obtaining a valid permit from the Building Department of the Village
of Plandome. Such permit must be obtained before a building permit
may be issued for any building or structure on the affected lot. In
cases where it is deemed by the Design Review Board to be a significant
alteration of the land, a detailed site plan may be required.
Retaining walls may be constructed as follows:
A. In a front yard only if its height at no point exceeds two feet within
12 feet of the lot line or four feet if it is more than 12 feet from
the lot line.
B. In a side or rear yard only if its height at no point exceeds four
feet.
C. Only at a distance greater than four feet from any other retaining
wall that is aligned more or less parallel to it.
D. Only so that the aggregate height of all retaining walls that are
aligned more or less parallel to, and situated within 16 feet of one
another do not exceed eight feet at any point.
E. At the edge of a driveway that runs substantially perpendicular to
the street abutting the front yard, only if its height at no point
exceeds the height necessary to fulfill its function as a retaining
wall. Any such retaining wall shall be taken into account when applying
the enumerated restrictions to the construction of other retaining
walls on the lot.
F. A retaining wall which is a nonconforming structure (as defined in
Article VII) may be reconstructed, in whole or in part, only within
the dimensions it had at the time when it became a nonconforming structure,
the provision of Article VII to the contrary notwithstanding.