[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck 9-25-2001 by L.L. No. 9-2001 (Ch. 185 of the 1976
Code). Amendments noted where applicable.]
A.
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 Board of Appeals and to assure that no
sites are developed with new impervious areas unless adequate retention
structures will be provided.
[Amended 6-6-2011 by L.L. No. 3-2011]
B.
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 § 575-212 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.
[Amended 6-5-2012 by L.L. No. 12-2012]
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.
[Amended 4-3-2012 by L.L. No. 9-2012; 6-5-2012 by L.L. No.
12-2012]
"Flood-prone area" is as defined in § 296-2 of this Code.
[Added 6-6-2011 by L.L. No. 3-2011]
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.
[Added 6-6-2011 by L.L. No. 3-2011]
An impervious area created on or after June 1, 2011. 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, 2011, 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 of 2011, and another 175 square feet of impervious
area is sought to be created in May of 2012, for the purposes of this
chapter, the new impervious area for calculation purposes in May of
2012 will be 325 square feet.
[Added 6-6-2011 by L.L. No. 3-2011]
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.
[Added 6-6-2011 by L.L. No. 3-2011; amended 4-3-2012 by L.L. No.
9-2012; 6-5-2012 by L.L. No. 12-2012]
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 § 314-7 of the Code, as amended from time to time by the Board of Trustees.
[Added 6-6-2011 by L.L. No. 3-2011; amended 10-25-2016 by L.L. No. 3-2016]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
The Village of Great Neck.
[Amended 1-17-2006 by L.L. No. 2-2006; 6-6-2011 by L.L. No.
3-2011]
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 or committee 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 Board of Appeals until the overseer has
certified compliance with this chapter. Notwithstanding the foregoing,
in the event that 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.
[Amended 4-3-2012 by L.L. No. 9-2012]
[Amended 12-16-2003 by L.L. No. 17-2003; 6-6-2011 by L.L. No.
3-2011]
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.
[Amended 4-3-2012 by L.L. No. 9-2012]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
E.
The hammer for driving the sampler shall weigh 140
pounds, or such weight as is approved by the Building Inspector.
[Amended 6-5-2012 by L.L. No. 12-2012]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
G.
The test boring firm shall perform all the work of
making the test borings in the presence of the Building Inspector.
[Amended 6-5-2012 by L.L. No. 12-2012]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
J.
At least two borings shall be completed on each 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.
[Amended 6-5-2012 by L.L. No. 12-2012]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
M.
The split-barrel sampler shall be driven 2.0 feet
below the bottom of the auger with a one-hundred-forty-pound hammer
falling 2.5 feet, or as otherwise directed by the Building Inspector.
[Amended 6-5-2012 by L.L. No. 12-2012]
N.
The test boring firm shall record the number of blows
from the one-hundred-forty-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.
In the event 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.
[Amended 6-5-2012 by L.L. No. 12-2012]
[Amended 6-6-2011 by L.L. No. 3-2011]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
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 ground water 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.
[Amended 6-5-2012 by L.L. No. 12-2012]
[Amended 6-5-2012 by L.L. No. 12-2012]
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.
[Amended 6-5-2012 by L.L. No. 12-2012]
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 November 1, 2001, 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 November 1, 2001.
(2)
Additions to existing single-family detached dwellings
for which building permit applications were filed after November 1,
2001, 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.
