[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 2-8-1985 by L.L. No. 5-1985. Section 66-12 added at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
The Trustees have observed the recent experiences of the Town of Southampton
in connection with the regulations of berms and have considered that a chapter
similar to the Southampton regulatory scheme would not be inappropriate for
the Village of Westhampton Beach. This chapter is proposed as a means to regulate
haphazard and undesirable construction of berms, while maintaining some room
for the use of such techniques for privacy, landscaping and other beneficial
purposes.
As used in this chapter, the following terms shall have the meanings
indicated:
A structure consisting primarily of earth or earthen materials intended
for defense, security, enclosure or screening purposes.
A.
All berms shall be constructed so that all sides of the
berm shall not have a slope greater than one to three. For the purposes of
this section, the slope shall refer to the ratio of a vertical rise of one
foot to a horizontal run of three feet.
B.
All berms shall be constructed out of clean fill or an
approved equal. Said fill shall be given sufficient time to settle before
final shaping and topsoil are applied. After the settled fill has been shaped,
a uniform six-inch layer of approved horticultural topsoil shall be placed
and fine graded.
C.
The width of the crest of the berm shall not exceed four feet measured at a point four feet above the natural existing grade at the base of the berm. The Planning Board may exceed four feet in width as aforesaid under appropriate circumstances as provided under § 66-11 hereinbelow.
[Amended 4-10-1987 by L.L.
No. 11-1987]
All berms shall be properly vegetated and landscaped, as approved by
the Planning Board, before any erosion occurs in the topsoil on the berm,
or, in the alternative, the berms shall be covered with an approved ground
cover until such time as the berm can be properly landscaped.
Berms shall be constructed only during the period from March 1 through
October 15.
No fence or wall shall be constructed on a berm. However, a retaining
wall may be placed on the sides of a berm where the Planning Board finds that
said retaining wall will promote aesthetic considerations and the height of
the same does not exceed the grade of the berm.
The construction of berms and the berm itself shall not interfere with
the natural drainage.
No signs shall be placed atop any berm or on the side slope of any berm
to the extent that the sign reaches a height greater than four feet above
the natural existing grade at the base of the berm.
A.
In all residence and nonresidence districts, no berm
shall have a height greater than four feet.
B.
Where the proposed berm is within 200 feet of a traveled road and the berm is proposed to buffer a residential area from the traveled road, the Planning Board may exceed four feet in height as aforesaid under appropriate circumstances as provided in § 66-11 hereinbelow.
[Added 4-10-1987 by L.L.
No. 11-1987]
C.
The height of a berm shall be the vertical distance from
the top of the berm to the natural existing grade at the base of the berm.
D.
The Planning Board shall, as necessary for intersectional
safety, have the authority to reduce the height of a berm to less than four
feet at a street intersection.
A.
All berms shall require a building permit.
B.
All applications for a building permit for a berm shall
include the following:
(1)
A detailed grading plan of the entire site, indicating
the existing topography in contour intervals no greater than five feet and
the proposed topography in contour intervals no greater than two feet. The
scale of the grading plan shall be no greater than one inch equals 20 feet.
(2)
A cross section of the berm, indicating the type of materials
to be used in constructing the berm, i.e., fill and topsoil, and the location
of landscaping. The scale of the cross section shall be no greater than one
inch equals four feet.
(3)
A detailed landscaping plan, indicating the location,
size and quantity of the species to be planted.
C.
All applications for a building permit for a berm shall
be referred to the Planning Board for its approval with respect to the compatibility
of the berm with the surrounding properties and associated land uses, drainage
considerations and landscaping.
D.
Within 21 working days of receipt of an application,
the Planning Board shall approve, approve with modifications or deny the application.
E.
The Building Inspector shall not issue a permit for a
berm until Planning Board approval has been received. Failure of the Planning
Board to act within 45 working days after hearing shall be deemed an approval.
[Added 4-10-1987 by L.L.
No. 11-1987)]
Where the proposed berm is within 200 feet of a traveled road, the Planning
Board may increase the width and the height limitations otherwise provided
hereinabove pursuant to the following standards:
A.
In no event shall the berm exceed a height of 10 feet
or a width of 14 feet measured at a point four feet above the natural existing
grade at the base of the berm.
B.
The Planning Board shall make a specific finding that
the increase in height or width is necessary by reason of unique and unusual
terrain or the limitation of adverse impacts from noise on the traveled road
or the avoidance of light sources diminishing the residential character of
adjoining property or such other circumstances as shall promote the public
interest without detrimental effect on any adjoining property or traveled
road.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
