§ 70-202.1. Retaining walls., Article XXII. General Provisions, Chapter 70. Zoning, Code of Ordinances, North Hempstead

No retaining wall may be built within the Town unless the Building Official issues a permit for its construction. Application for the permit shall be made on a form promulgated by the Building Official.

Application; issuance of permit.

(1)

No permit will be issued for a retaining wall unless:

(a)

The application is accompanied by plans for the development of the land that the retaining wall is intended to support and of any other land on the same tax lot or lots; or

(b)

The application demonstrates a serious erosion or flooding problem or a serious threat to public health and safety which can be solved by a retaining wall or walls.

(2)

The Building Official may require additional information to evaluate applications presented under this subsection.

In a residential zoning district, or within 50 feet of a residential zoning district, no retaining wall may exceed five feet in height. In other districts, no retaining wall may exceed eight feet in height. Height shall be measured from the lowest point on the adjoining grade. This subsection shall not prohibit applications for a series of retaining walls in parallel step design.

A minimum of five horizontal feet is required between retaining walls in parallel step design. The area between such retaining walls must be landscaped with natural material and must be maintained.

No retaining wall may exceed the height of the adjoining grade that it supports or retains.

Provision must be made to accommodate stormwater on a property during construction and after completion of a retaining wall.

The height restrictions of this section do not apply to retaining walls whose construction was completed and which were backfilled prior to the effective date of this section. If such walls are determined to be unsafe by the Building Official or by a licensed engineer or architect, they may be repaired, subject to approval by the Building Official, provided that the repaired structure is of the same or smaller size and type. If such walls are demolished or abandoned, however, any replacement retaining wall must conform to this section.