[HISTORY: Adopted by the Board of Trustees of the Village
of Woodsburgh 6-19-2024 by L.L. No. 1-2024. Amendments noted where
applicable.]
A.
Climate change is becoming the defining environmental issue of our
time, particularly for vulnerable, low-lying coastal areas. This change
has taken shape already, in the form of more frequent and intense
storms, sea level rise and extreme flooding. Sea level rise causes
overland flooding and raises the groundwater table. Many homes in
the Village have been experiencing wet basement conditions and increased
sump pump usage during non-rain events. The daily impacts from this
water table hazard, particularly due to the local geology as a low-lying
coastal area with an existing high-water table raises red flags about
the need to address methods to limit further impacts from groundwater
and threats to below grade structures such as basements and structural
footings and foundations.
B.
It is imperative that the Village, as stewards of the environment
and protectors of their community safety, health and welfare, assure
that flood risk mitigation measures are put in place to protect property
and infrastructure. There are a number of areas throughout the Village
that are known to have poor soils, high groundwater levels, and existing
drainage problems, such as, but not limited to, wet basements and
wet backyards. Developers and builders need to confirm the ability
of on-site soils within their proposed project site to support the
design of an on-site drainage disposal system, relying on groundwater
recharge (retention structures). The intent of this chapter is to
establish one uniform procedure for soil and groundwater investigations
for drainage design for all applicants to the Building Department,
the Planning Board, and the Zoning Board of Appeals and to assure
that no sites are developed with new impervious areas unless adequate
retention structures will be provided.
C.
The first step in the subsurface investigation program is to ascertain
the nature of the soils on the site.
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in § 150-4 of this Code.
The Building Inspector of the Village or his designee, which
may be, but is not required to be, the overseer, the engineer, or
such other person as may be designated from time to time by resolution
of the Board of Trustees.
When designated as the overseer by the Building Inspector
or the Board of Trustees, the representative of the consulting engineers
engaged by the Village, or, when not so designated, the overseer.
"Flood-prone area" is as defined in § 77-4 of this Code.
The horizontal area of any material or combination of materials
that are incapable of being penetrated by water, including, but not
limited to, buildings, driveways, walkways, patios, and other surface
and subsurface materials and structures. Whether any material or combination
of materials is deemed "impervious" shall be subject to the discretion
of the Building Inspector.
An impervious area created on or after June 1, 2024. For
purposes of calculating the new impervious area on any parcel of land,
all of the impervious areas on a contiguous parcel of property held
in single and separate ownership that are created on or after June
1, 2024, shall be cumulatively considered "new impervious area," the
intent being that if 150 square feet of new impervious area is created
on a parcel in August 2024, and another 175 square feet of impervious
area is sought to be created in May 2025, for the purposes of this
chapter, the new impervious area for calculation purposes in May 2025
will be 325 square feet.
The Building Inspector or the Building Inspector's designee
or such other person as may be designated from time to time by resolution
of the Board of Trustees.
An architect, professional engineer, or land surveyor, licensed
to practice in the State of New York.
Required water retention for all new impervious areas shall
be as specified in this Code, as amended from time to time by the
Board of Trustees or as determined by the Building Inspector, where
such determination is authorized by the Board of Trustees.
Any structure or object to be placed underground as part
of or in support of a structure, excluding: trees and shrubs and other
live landscaping; fence posts; wires; pipes not in excess of 18 inches
in diameter; walls not in excess of six feet in total height of which
not more than four feet in height shall be above grade and not more
than three feet in depth shall be below grade; poles not exceeding
18 inches in diameter; and similar objects as may be determined by
the Building Inspector.
A firm which has not less than five years' satisfactory
experience providing test boring services on Long Island or in a similar
area. Such firm shall provide such references and a list of jobs to
the Building Inspector as the Building Inspector may deem appropriate,
in order to provide satisfactory evidence of the firm's competence
to provide the test boring work required by this chapter. In the discretion
of the Building Inspector, the experience of the principals of the
firm may be taken into account if the firm has less than five years'
experience.
The Village of Woodsburgh.
A.
No new impervious area in excess of 200 square feet shall be permitted
unless the applicant has demonstrated to the overseer, by, among other
things, the taking of soil borings, that the site upon which the proposed
project is to take place can provide the required water retention.
B.
No final subdivision shall be permitted unless the applicant has
demonstrated to the overseer, by, among other things, the taking of
soil borings, that the proposed parcels can each, independently, provide
the required water retention.
C.
No building permit shall be issued by the Building Department for
the creation of any new impervious area in excess of 200 square feet
until the overseer has certified compliance with this chapter.
D.
No site plan approval that will result in the creation of any new
impervious area in excess of 200 square feet shall be given by the
Planning Board, or such other board authorized to provide such approval,
until the overseer has certified compliance with this chapter.
E.
No approval that will result in the creation of any new impervious
area shall be given by the Zoning Board of Appeals until the overseer
has certified compliance with this chapter. Notwithstanding the foregoing,
if the applicant also will have to appear before the Planning Board
before final action may be taken on the creation of the new impervious
area that is the subject of the Board of Appeals application, the
Board of Appeals may grant its approval conditioned upon no building
permit being issued pursuant to said approval until the Planning Board
has received from the overseer a certification of compliance with
this chapter.
F.
Notwithstanding any provision in this chapter to the contrary, the
overseer may waive or modify the requirements in this chapter for
soil borings if, in the discretion of the overseer, based upon the
history of the area where the new impervious area is to be created,
its proximity to flood-prone areas, the overseer's visual inspection
of the soil in the excavated area wherein the proposed stormwater
drainage is to be provided, and/or other relevant information of which
the overseer is aware satisfies the overseer that such requirements
are not reasonable or necessary to assure that sufficient stormwater
drainage can be provided if the new impervious areas are created.
Such waiver shall include the authority to waive the deposit of an
escrow when the overseer will not be observing the test borings.
A.
Whenever soil borings are required pursuant to this chapter, the
applicant shall file a site plan, prepared and sealed by a professional,
which shall indicate the following information, together with such
other information as the applicant or the overseer may deem appropriate:
(1)
The location and design details of the proposed drainage system.
(2)
The footprint of all proposed structures and other impervious areas.
(3)
The location and depth of all of the proposed retention structures.
(4)
The existing topography to a distance five feet beyond the property
lines of the site in all directions, at a two-foot contour interval,
unless otherwise directed by the overseer due to unusually flat or
steep terrain.
(5)
The proposed topography of the site at a two-foot contour interval,
unless otherwise directed by the overseer due to unusually flat or
steep terrain.
(6)
The location of the proposed soil borings. The borings shall be in
the location of each isolated retention structure or as approved by
the overseer.
B.
Every applicant for a permit shall pay to the Village a fee in such
amount as shall be prescribed from time to time by the Board of Trustees.
C.
The site plan shall be submitted to the overseer, in accordance with
this section, for review and comments and for either approving, approving
with conditions, or disapproving the site plan. If the application
is disapproved or the applicant does not want to meet the conditions
for the approval, the applicant shall file a new site plan, until
either such site plan is approved, or the applicant is willing to
meet the conditions for such approval, or the applicant withdraws
the application.
D.
After the site plan has been approved or the conditions for such
approval have been met, the overseer shall determine the escrow to
be deposited by the applicant with the Village, sufficient to provide
to the Village the sum necessary to compensate the Village for monitoring
the subsurface investigation. In the event that, at any time, the
overseer shall determine that such deposit is not sufficient to provide
such sum, the overseer shall notify the applicant and, if the overseer
is not the Building Inspector, shall notify the Building Inspector.
No action shall be taken or continued on such application until the
required escrow, as such sum may be increased from time to time, has
been deposited with the Village.
E.
If the overseer will be observing the test borings, after the escrow
has been deposited with the Village, the applicant shall contact the
overseer to schedule a mutually convenient date to conduct the borings.
Such date shall not be scheduled less than two working days in advance,
in order for the overseer to schedule the necessary personnel to observe
the borings. In the discretion of the overseer, the overseer is authorized
to waive his or her personnel's observation of the borings and
rely upon the results of the borings as certified by a professional
engineer engaged by the test boring firm, and the overseer shall be
released from any liability based upon such reliance.
F.
If, in the opinion of the overseer, the site is in an area where
poor soils or high groundwater conditions have previously been experienced
or are otherwise reasonably expected, provision shall be made to install
one or more groundwater monitoring wells, in accordance with a plan
approved by the overseer, and/or to conduct a percolation test.
All soil borings shall be performed as follows:
A.
The applicant shall engage a test boring firm.
B.
The drilling rig for the borings shall have sufficient capacity and
power to accomplish the specified work and shall be equipped with
a water tank, hoses, lines, driving hammers, pipe extractors, and
all other equipment and features necessary for making the requisite
test borings.
C.
The augers shall include a hollow stem with an inside diameter between
2.2 inches and 6.5 inches, or as approved by the Building Inspector.
D.
The soil sampler device shall be a split barrel of two-inch outside
diameter and one-and-one-half-inch inside diameter with an effective
sampling length of 18 inches, or as approved by the Building Inspector.
E.
The hammer for driving the sampler shall weigh 140 pounds, or such
weight as is approved by the Building Inspector.
F.
The soil sample containers shall be one-pint, waterproof plastic
containers and shall be provided with tight-fitting covers and self-adhering
labels, or as approved by the Building Inspector.
G.
The test boring firm shall perform all the work of making the test
borings in the presence of the Building Inspector.
H.
The precise boring locations and ground elevations (Nassau County
datum) are to be established by the applicant.
I.
Each soil boring shall be advanced to a minimum depth of 35 feet,
or as approved by the Building Inspector.
J.
At least two borings shall be completed on each site, except where
the Building Department determines that a different number of borings
would be sufficient for a particular site. Deeper borings may be required
by the Building Inspector if, in the opinion of the Building Inspector,
unsuitable materials are encountered. The boring may terminate when
six feet of permeable material is encountered, unless, based upon
unusual conditions, it is reasonably determined by the Building Inspector
that the boring shall be continued to a deeper level. The applicant
or its authorized representative shall be available either in person
or by telephone to authorize the additional boring depth, if necessary.
K.
A soil sample shall be taken at the surface of the boring and, thereafter,
at every five-foot internal below the surface and at each change of
material.
L.
The test boring firm shall make and record (contemporaneously in
the field) a visual identification of each soil sample in the presence
of the Building Inspector.
M.
The split-barrel sampler shall be driven 2.0 feet below the bottom
of the auger with a 140-pound hammer falling 2.5 feet, or as otherwise
directed by the Building Inspector.
N.
The test boring firm shall record the number of blows from the 140-pound
hammer required to advance the split-barrel sample every six-inch
increment.
O.
At the completion of each test boring, the casing shall be extracted
and the hole filled in or sufficiently collapsed so as not to be a
danger, unless a ground monitoring well is to be installed.
P.
The test boring firm shall obtain all data including groundwater
elevation.
Q.
The soil samples shall be analyzed by the test boring firm in the
laboratory and final boring logs prepared. Any notable differences
from the field identification shall be highlighted and explained.
R.
If an obstruction or other reasonable cause prevents completion of
a test boring, the boring shall be abandoned and a substitute boring
conducted.
S.
All of the material and equipment furnished by the test boring firm
shall be removed from the site promptly upon completion of the work.
T.
The test boring firm shall store the soil samples for a period of
30 days after the issuance of the final boring lot and, if directed
by the Building Inspector, shall deliver the soil samples to the office
of the Building Inspector.
When a high groundwater elevation is anticipated or encountered,
in the discretion of the overseer, the applicant shall have at least
two monitoring wells installed as follows:
A.
The casings of all wells shall have a nominal diameter of two inches.
PVC well casing may be used.
B.
Boring logs shall be recorded for each boring.
C.
Samples shall be taken at five-foot intervals as well as from each
soil layer encountered in order to obtain a general description of
the underlying soils.
D.
Wells shall be installed plumb and straight.
E.
Flush-threaded joints shall be used to avoid contamination of well
by glued joints.
F.
Well screens shall be machine slotted and of sufficient length and
placement to accommodate seasonal variations in the water table. (Length
will generally be 10 feet to 15 feet with the mean water table in
the middle of the screen.)
G.
The filter pack shall be compatible with the soil around the screened
portion of the well and with the screen opening. It shall extend approximately
one foot below the screen and three feet to five feet above the screen.
H.
The applicant shall provide a survey of the well elevations to a
known datum point (Nassau County datum).
I.
The tops of the wells shall be enclosed by a protective metal casing
and locked.
J.
All wells shall be marked clearly as monitoring wells.
K.
The applicant shall cause the groundwater depth to be measured and
recorded at approximately the same time every other day for a two-week
period. Unusual conditions (i.e., high-intensity precipitation) shall
be noted on the groundwater-monitoring log.
L.
The applicant shall obtain long-term (a minimum of one year, unless,
based upon unusual circumstances, the Building Inspector reasonably
believes a longer period to be warranted) groundwater elevations from
an existing monitoring well in the general vicinity of the project.
The United States Geological Survey or Nassau County Health Department
wells shall be satisfactory. The long-term data shall be compared
with the results obtained in the monitoring wells, to verify whether
the results need to be seasonally adjusted.
When, in the opinion of the Building Inspector, either the poor
soils encountered or the high groundwater table, or a combination
of both, would impede the efficient functioning of a retention structure
system, the applicant may be directed to establish a percolation rate
for the soil to justify the design of its proposed retention structure
system. In such event, the percolation test shall be conducted as
follows:
A.
The applicant shall have the test boring firm conduct a percolation
test to determine the rate that water will recharge into the ground.
B.
Water for the percolation test shall be clean potable water.
C.
The percolation test shall be completed in the monitoring well casing.
D.
The monitoring well shall be filled with water for a period of four
hours.
E.
The drop in water level shall be recorded at 30 seconds, one minute,
and five minutes, and then at subsequent five-minute intervals until
the rate of drop over a five-minute interval stabilizes. The stabilized
drop shall be the percolation rate utilized in the design of the retention
structure system.
Upon completion of the soils investigation, groundwater monitoring
(if required), and percolation tests (if required), the applicant
shall file with the Building Department two copies of a subsurface
investigation report summarizing the methodologies utilized, the data
obtained, results, conclusions, and recommendations, including the
basis of design for the proposed groundwater recharge drainage system.
One of said copies may then be forwarded by the Building Department
to the engineer for its comments, approval, approval with conditions,
or disapproval.
A.
The provisions of this chapter shall not apply to the following:
(1)
Additions to existing single-family detached dwellings completed
or for which building permit applications were filed prior to April
11, 2024, so long as the addition does not increase the building area
of the dwelling by more than 200 square feet of the building area
of the dwelling as it existed on May 15, 2024.
(2)
Additions to existing single-family detached dwellings for which
building permit applications were filed after April 11, 2024, so long
as the addition does not increase the building area of the dwelling
by more than 200 square feet of the building area of the dwelling
as it was originally built and for which it received it original certificate
of occupancy.
B.
In order for an applicant to claim an exemption pursuant to this
section, it shall be the burden of the applicant to prove to the Building
Inspector its entitlement to the exemption.
Any person, firm, or corporation who shall violate any of the
provisions of this chapter or any rule or regulation made pursuant
thereto shall be guilty of a violation and, upon conviction thereof,
may be punished by a fine of not more than $1,000 and each day on
which such violation continues shall constitute a separate offense.
