It shall be unlawful to construct or commence the construction of any retaining wall with a height greater than 24 inches, without first filing a written application for a permit, and obtaining from the Village a duly issued permit therefor. No permit shall be required for any retaining wall equal to or less than 24 inches in height, unless such retaining wall, or any change in grade associated with the construction of such retaining wall, alters the flow of stormwater or surface water, in which case the permit requirements hereunder shall apply thereto.

In addition to the retaining wall permit process required above, any retaining wall to be constructed at a height equal to or greater than eight feet must be presented to the Planning Board for review and approval. The Planning Board may deny, approve or approve with conditions any such application, taking into account relevant site conditions on and off the premises upon which such retaining wall is proposed.

The approval by any Village official or board of any site plan, subdivision plot or other plan, or the issuance of any building permit, upon which a retaining wall is reflected, shall not constitute approval of such retaining wall. Such retaining wall shall be approved only upon application for and obtaining a duly issued permit therefor, as required hereunder, and application to and approval by the Planning Board, to the extent required hereunder.

Each retaining wall, any portion of which lies below the grade of an abutting lot or public street or other road or right-of-way, shall be located at least 10 feet from the property line situated between such retaining wall and such abutting lot, street, road or right-of-way.

Each retaining wall, any portion of which lies above the grade of an abutting lot or public street or other road or right-of-way, shall be set back from the nearest property line one foot of horizontal distance for each foot of retaining wall height.

A retaining wall that has at least two feet of the height thereof visible from the public street, road or right-of-way, or any abutting lot, each side thereof that faces such abutting lot, or public street, road or right-of-way, shall be finished with natural materials, such as stone, rock or brick, or decorative wall blocks, or textured concrete and shall not have a smooth or flat concrete finish.

Retaining walls over 30 inches in height, the top of which has a width of not less than 12 inches, or which serves to retain soil, earth or other materials, natural or man made that serve, or can serve, as a walkable surface, must contain a fence or guardrail at least three feet in height above the top of said wall. The foregoing shall apply to each portion or tier of a multi-tiered retaining wall.

Each retaining wall for which a permit is required hereunder must satisfy each of the following requirements:

The height of each retaining wall, and each tier of a multi-tiered retaining wall, shall not exceed four feet. The height of each retaining wall, and each tier thereof, shall be measured from the lowest point on the abutting grade.

The horizontal distance between each tier of a multi-tiered retaining wall shall be at least four feet. The surface area between the tiers of a multitiered retaining wall shall be landscaped with natural materials and maintained.

The top of each retaining wall shall be flush with the grade of the earth, soil or other materials supported or retained by it so that no portion of a retaining wall shall be higher than the surface so supported or retained.

Treated landscape tie walls are limited to one four-foot-high tier, and shall not be permitted for multitier retaining walls. Untreated ties shall not be permitted for use in any retaining walls. Retaining walls greater than four feet high and multitier retaining walls must be constructed of concrete or masonry wall units designed for retaining wall construction. In no event will standard concrete block be permitted.

Any repair of an existing retaining wall that requires removal or replacement of any portion thereof, the height of which is greater than three feet, shall require a duly issued permit therefor.

Minor maintenance and repairs of existing retaining walls, involving the patching of cracks in concrete retaining walls, the replacement of rotting landscape or railroad ties not involving the removal or replacement of sections thereof greater than three feet in height, and the correction of settlement in masonry unit retaining walls, will not require permits unless such repairs, even though otherwise satisfying the provisions of this Subsection B, will disturb geotextile or footings.

All retaining walls shall be maintained to avoid conditions such as tipping, clogged drains, and soil stability. The Village Building Department may require a property owner to conduct repairs deemed necessary to protect the public health, safety and property.