The following words and phrases shall be construed
in this Article as below designated:
Any space in a building having a height of less than four
feet.
Includes all walls between the main building or basement
or cellar thereof and a garage attached to or included in the dwelling.
Shall not include the floor of any garage, whether or not
attached to or included in a building or any crawl space; but the
"first floor" shall include the floor of any basement or cellar or
any room in a basement or cellar.
The average height of the sea at Sandy Hook, New Jersey,
all stages of the tide being considered, as determined by the United
States Coast Geodetic Survey.
Includes a partnership or a corporation.
No person shall erect any dwelling within the
Village of East Rockaway having a first floor elevation less than
1 1/2 feet above the highest level of the groundwater table for
the location of such dwelling or dwellings as determined from the
records of the Nassau County Department of Public Works.
A.
All exterior walls of any such dwelling below the
elevation of nine feet above mean sea level on any building plot,
the grade of which is not wholly above the elevation of nine feet
above mean sea level, shall be of monolithic construction without
openings, and all such walls and floors below the elevation of nine
feet shall be properly waterproofed with a waterproofing material
approved by the Building Department.
B.
In the case of a dwelling erected with a flat slab
construction without cellar or crawl space, the surface of the slab
shall not be constructed at an elevation less than 18 inches above
the crown of the road at its highest point adjacent to the building
plot nor less than nine feet above sea level, whichever is the higher.
A.
In the case of a garage, either attached to or incorporated
within a dwelling, the following regulations shall apply:
(1)
The surface of the floor shall be constructed at an
elevation not less than six inches above the highest point of the
crown of the road immediately in front of the garage entrance.
(2)
There shall be constructed a concrete curb of sufficient
height to prevent seepage of liquids from the garage to the house
area.
(3)
The garage floor shall be sloped from the rear to
the front of the garage to effect proper drainage.
B.
When, in the opinion of the Superintendent of Construction,
the above requirements for garages cause undue hardship for the applicant
and, further, that the established grade of the street is such that
the street water cannot enter the garage, or the property may be graded
so that surface water cannot enter the garage, these restrictions
may be waived, provided that a drainage system designed by a professional
engineer or architect, which, in the opinion of the Village Engineer
and Superintendent of Construction, is adequate for such depressed
driveway, shall be submitted as part of the application for a building
permit.
[1]
Editor's Note: See also Art. VII.
A.
No certificate of occupancy shall be issued for any
dwelling unless the plot or parcel of real property on which such
dwelling is erected has a minimum grade of 1/2 of 1% affording uninterrupted
drainage toward the street on which said parcel of real property abuts
to a depth of 100 feet from said street, or toward the ocean, a bay,
inlet, canal, channel, creek, stream or drainage ditch or sump owned
or maintained by the State of New York, County of Nassau, Town of
Hempstead, Village of East Rockaway or other municipal corporation,
abutting the parcel of real property upon which such dwelling is to
be erected, or to which there is a drainage easement of record appurtenant
to the parcel of real property upon which such dwelling is to be erected.
B.
The provisions of this section shall not apply to
a building plot which adjoins a building which was completed or for
which a building permit has been issued prior to June 30, 1972.
A.
No building permit shall be issued in connection with
any parcel of realty unless the street abutting such parcel of realty
shall have an elevation specified by the Village Engineer but, in
any event, at least 7 1/2 feet above mean sea level, at the lowest
point adjacent to the plot on which said building is proposed to be
erected, or if no street or highway at such elevation abuts the parcel
on which a building is to be erected, unless the person proposing
to erect such building shall furnish the Village of East Rockaway
with a performance bond for the installation of such a street or highway
or for such grading and necessary drainage facilities, in such amount
and in such form and upon such conditions as may be acceptable to
the Village Board; provided, however, that in installing a street
or highway or regrading an existing street or highway or part thereof
to conform to the elevation specified by or under this section, such
street or highway or part thereof and necessary drainage facilities
may be connected with existing streets or highways, at a minimum grade
of 3%.
B.
This section shall not apply to a building permit
issued for the alteration or repair of an existing building or the
construction of a building accessory to an existing building on the
same plot.
Section 101-52 shall not apply to state or county highways.
Notwithstanding the provisions of § 101-52, the Building Department and Village Engineer may, if in their joint judgment surface drainage is adequate and a change in the elevation of the highway is not necessary or desirable in connection with the drainage pattern of the area, approve the issuance of a building permit without requiring compliance with § 101-52, in the following instances:
A.
Where a building site is not a corner plot if:
B.
Where the building site is a corner plot, if there
are existing buildings within 200 feet of the proposed building, on
either side of the streets abutting said proposed building, measured
in the directions from the intersection of said streets in which the
proposed building site extends from said intersection.
C.
The distances provided in this section are to be measured
along the center line of the street between the projections of the
side lines of the building to the center line of the street.
The Superintendent of Construction and the Village Engineer, in rendering a determination pursuant to §§ 101-52 and 101-54, shall have the purpose in view of ensuring proper drainage of the area involved and of the surrounding areas and the protection against abnormally high tides, and they shall take into consideration, among other factors which may be material, the topography, surface drainage and existing development of the area involved and of the surrounding areas.
No permit for any building shall be issued on
land which has been filled or must be filled to comply with the provisions
of this chapter or with the specifications of the Village Engineer
hereunder (except where regrading is required only to provide a 1/2%
drainage gradient of a building site), unless the applicant shall
state in his application for a permit to erect such building or dwelling
the manner and extent to which and the materials with which said land
has been filled or with which he proposed to do such filling, and
shall furnish a report, satisfactory to the Village Engineer and the
Superintendent of Construction, of tests conducted by an approved
soil engineer, that the compaction of such fill and of the subsoil
will properly support the structure or roadbed or any permanent improvement
proposed to be created thereon or installed therein; provided, however,
that if borings or probings show that there is no bog, silt or clay
from the surface to three feet below mean sea level, the Village Engineer
and the Superintendent of Construction may in their discretion waive
said report of a soil engineer required by this section and determine
the suitability of the compaction by their own inspections or by the
Nassau County Health Department report of subsoil conditions.
No building permit shall be issued for any parcel
of real property abutting a street having an elevation of less than
7.5 feet above mean sea level at its lowest point in front of said
parcel of real property, unless the applicant for the building permit
has made or caused to be made a test hole thereon for the inspection
of the Building Department and the Superintendent of Construction,
or a member of his staff has made an inspection thereof.
The Village Board may permit creation of a structure
or installation of a street or highway not conforming to this section,
upon application to said Board by the person proposing to erect such
structure, or to install such street or highway, if it shall find
that compliance with the provisions of this chapter or the specifications
or discretion of the Village Engineer hereunder shall cause practical
difficulties or unnecessary hardships in connection with existing
structures or surface drainage in the vicinity of such proposed structure,
street or highway, and in granting such permit, the Board may impose
such conditions for the protection of persons and property affected
by the proposed erection or installation as it may deem reasonable
and in the public interest.
The application authorized by § 101-59 shall be submitted in triplicate and verified, and each copy shall be accompanied by an accurate survey showing such data as may be pertinent to the application. The petitions shall set forth the following:
A.
The name and address of the owner of the property.
B.
A short description of the property.
C.
The lot, block and section designation of the property
as shown on the most recent Village Land and Tax Map.
D.
The specific matter with respect to which a variance
is sought.
E.
The respects in which compliance with this chapter
will cause practical difficulties and unnecessary hardship.
F.
The manner in which the applicant proposes to make
provisions for safeguards in connection with the items with respect
to which the variance is sought.
The Village Board may, on its own motion, review
any applications for a building permit governed by the provisions
of this Article and may, upon such review, impose such conditions
for the protection of persons and property affected by the proposed
erection or installation as it may deem reasonable and in the public
interest.
[Amended 12-10-2018 by L.L. No. 2-2018; 3-11-2019 by L.L. No. 2-2019]
The fees to be charged under the provisions of this chapter
shall be determined from time to time by resolution of the Board of
Trustees.
A.
Soil engineer's report:
