[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 7-12-1954 by Ord. No. 77; amended in its entirety 2-1-1960 by Ord. No. 95 (Ch. 62 of the 1981 Code). Subsequent amendments noted where applicable.]
Environmental Commission — See Ch. 25.
Building construction and plumbing — See Ch. 95.
Flood damage prevention — See Ch. 126.
Freshwater wetlands — See Ch. 129.
Gardeners and landscapers — See Ch. 136.
Parks and playgrounds; pool — See Ch. 150.
Subdivision of land — See Ch. 194.
Zoning — See Ch. 230.
This chapter may be referred to as the "Development Code of the Village of Great Neck Estates."
The area to which this chapter applies includes the marsh and meadow land (part of which has been or may be filled in) in the basin at the head of Little Neck Bay and consists of Lots 32, 36, 54, 57, 59, 61, 328, 357, 364, 365, 366, 367 and 368 in Block L-13, Section 2, on the Land Map of Nassau County as it existed on July 12, 1954, being Lots 32, 36, 54, 57, 59, 60, 61, 328, 357, 364, 366, 368, 384, 391, 400, 401, 402, and 403 in said Block L-13 as it existed on December 15, 1959.
The area which this chapter applies consists principally of marsh and meadow land immediately adjacent to and crossed by tidal creeks and streams, the greater part of which marsh and meadow land is covered with water during spring tides and during storms. The development of this area 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 the area to a considerable depth of water, such as occurred during the hurricanes of 1938 and 1944, which, in case of recurrence, might result in heavy loss of life and great destruction of property.
The unstable nature of the surface and subsurface soil of the marsh and meadow land 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 tide water which:
Requires direct connection with properly designed and maintained sewage disposal plants.
Causes stormwater drains to back up and operate unsatisfactorily during period 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 therein 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 streets, pavements, 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 and approved by the Board of Trustees of the Village of Great Neck Estates.
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 and waterways and all topographical features. So far as practicable, it shall contain all of the information and details required by the Planning Ordinance of the Village of Great Neck Estates. It shall show all proposed streets, stormwater drains, sanitary sewers, pumping stations and disposal plants and shall show the method by which the various streets, drains, sewers and other facilities and utilities are to be connected with the nearest existing facilities. Where the proposed development would block or change the location of existing drains, ditches, streams or creeks, or interfere with the runoff of surface or subsurface water from adjacent property, the plan shall make adequate provision for the unobstructed flow of such water to tide water. It shall also contain accurate contours showing existing and finished grades. The plan shall be accompanied by the logs of test borings made through any soft, silty, clayey or peat soils to rock, or, where there is no rock, into at least five feet of firm, hard strata of sand, gravel or soils of like character. Such test borings shall be certified by a professional engineer specializing in soil mechanics. 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 to 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 may also require that a five-year maintenance bond be furnished upon the completion and acceptance of the work, which bond shall also assure compliance with the requirements of § 113-12 and the replacement or restoration of pavements, curbs, sewers, drainage systems and bulkheads damaged because of settlement or workmanship.
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, to assure completion of the work shown on the approved plan and the performance by the developer of any conditions or requirements that may be imposed. 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 to be given to cover the entire work and improvement.
The approval of the Board of Trustees shall be entered in the minutes of the Board and shall be noted on the face of the development plan, together with a statement of or reference to the conditions that may have been imposed.
All work and materials shall comply with the requirement of this chapter.
Fill shall consist of sand or gravel or sandy or gravelly soils graded 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 highly 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 10 feet above Nassau County datum established by the Topographic Section of the Department of Public Works, that is, mean sea level at Sandy Hook, New Jersey, determined by the United States Coast and Geodetic Survey. Fill shall be planted with beach grass or other vegetation sufficient to avoid dust in times of heavy wind.
If mud, peat or silt is not removed before the fill is placed, an additional elevation of at least two feet is required for the fill to assure against settlement below the elevation required in § 113-11. In such case, no building permit shall be issued for a building upon a lot so filled in for a period of at least two years from and after the date that the final fill and grading was completed. In no case shall a building permit be issued for a building upon a lot that has settled below the elevation required in § 113-11, unless and until additional fill has been placed thereon sufficient to reestablish the required elevation.
Bulkheads complying with the requirements of this chapter must be installed adjacent to all creeks, streams and waterways of every kind. If filling is carried on in sections, temporary sod bulkheads may be erected at the interior boundaries of each of such sections.
Bulkheads may be of steel or other metal of equal strength and durability, wood, poured concrete or stone. Where wood is used it shall be of southern yellow pine not less than three inches in thickness and treated by a pressure process to retain not less than 20 pounds of No. 1 creosote oil per cubic foot of wood. Where concrete is used it shall be reinforced with structural steel bars having a minimum cover of two inches and shall consist of three-thousand-pounds-per-square-inch concrete. An admixture such as Plastiment for densifying shall be used. Where steel is used it shall be protected with a coating of bitumastic paint. In general, the bulkhead design should follow the methods outlined in the steel sheet piling handbook published by the United States Steel Corporation, or its equivalent.
No bulkhead shall be constructed unless a special permit therefor has been previously applied for and issued by the Village. The provisions of Chapter 230, Zoning, 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, and any additional requirements which may be imposed by the Board of Trustees. An 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. If the sewerage system is to connect with the sewerage system of the Belgrave Sewer District, the requirements of the Commissioners of said Sewer District shall also be complied with. In cases where it is not feasible to connect with an existing 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 Great Neck Estates and the New York State Department of Health. Sanitary sewers shall be constructed of cast-iron pipe with watertight joints, unless otherwise provided by the Board of Trustees.
All stormwater drains and sanitary sewers shall be constructed on a stabilized bed at least three feet thick, 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. Unless otherwise specified by the Board of Trustees, shoring must remain in place.
Whenever a natural flow of surface or subsurface water is encountered, including a spring or artesian well or pipes connected therewith, or any creek or ditch serving as a surface drain, such flow shall be adequately piped into the street drainage system or through a culvert, drainage pipe or gravel trench or into tide water.
In addition to the requirements of Chapter 130, Zoning, Chapter 95, Building Construction and Plumbing, and other applicable Village ordinances now or hereafter adopted, the following requirements shall apply.
Every building having sanitary facilities shall be connected to 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 a stormwater drain or into tidal waters or any waters tributary thereto.
Every building designed or used for dwelling purposes or which contains living accommodations shall be constructed at such an elevation that the lowest point of the first or ground floor level shall be at least 12 feet above Nassau County datum as defined in § 113-11, and no openings in the exterior walls of an excavated cellar or basement shall be permitted below said elevation.
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 load.
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 he 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 his 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 Clerk, the work may proceed, without prejudice, however, to the determination which the Board of Trustees may make upon such appeal or to any other action which the facts may justify.
No building shall be constructed unless and until a development plan of the area 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 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, drains, sewers and other utilities (other than gas, water, telephone, electricity and utilities installed and maintained by private utility companies) or, in the 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 street, including curbs and drains and appertaining structures, in accordance with Village specifications.
This chapter is remedial and shall be construed liberally to carry out the legislative purposes hereinbefore stated. In case any section, subdivision, clause or phrase thereof shall be held invalid, such determination shall not affect the other sections, subdivisions, clauses and phrases thereof.
This chapter shall take effect upon its adoption and shall apply throughout the area described in this chapter, whether heretofore or hereafter filled in; but in case of property already filled in, in whole or in part, or in case a subdivision plat 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.