East Hills City Zoning Code
ARTICLE XXIII
Requirements and Standards for Retaining Walls
§ 271-259 Permits.
A.
A separate retaining wall permit is required for all retaining walls which are 24 inches in height or greater.
B.
A permit is not required for improvements that involve repairs of a minor nature as determined by the Building Inspector, or a retaining wall 24 inches or less in height, unless construction of the wall will result in a material change of grade or surface water flow that may affect other properties. In that event, a retaining wall permit is required.
§ 271-260 Zoning requirements for new retaining walls.
A.
The minimum setback from a lot line for a retaining wall below grade of the public right-of-way shall be 10 feet.
B.
A minimum setback from a lot line for new retaining walls that rise above the grade of the public right-of-way shall be one foot of distance for each one foot of height.
C.
For retaining walls over 24 inches in height visible from the road or adjacent property, the use of a smooth concrete wall shall not be permitted. The exterior of all such walls shall be natural materials, decorative wall blocks or textured concrete, so as to minimize the negative visual impact of the wall. The treatment of these walls shall be indicated on the site plan and construction drawings.
D.
Retaining walls over 30 inches in height that create a walkable surface behind the top of the retaining wall shall have a guard or fence at least three feet in height at the top of the wall to ensure safety. Retaining walls that are multitiered shall have a guard or fence installed on the highest tier. Lower tiers that are accessible shall be protected with fencing, guard, or landscaping to prohibit access at each end.
E.
Retaining walls of any height are not permitted in any utility easement.
F.
Building permit applications for new retaining walls must include, in addition to all other requirements:
(1)
Construction drawings designed, signed and sealed by a professional engineer or registered architect duly licensed by the State of New York, indicating type of wall and construction details.
(2)
Signed and sealed calculations showing that the wall is designed to prevent overturning, sliding, excessive foundation pressure and water uplift. Retaining walls must be designed for a safety factor of 1.5 for lateral sliding and overturning.
(3)
A site plan indicating:
(a)
The location of the wall on the property.
(b)
Property lines and easements.
(c)
The dimensions of the proposed wall.
(d)
All drainage components.
(e)
The location of all utilities, existing or proposed
(f)
The direction of all surface water flow.
(g)
Location and detail of erosion control components.
(h)
All existing trees in or near the area of construction and including all trees to be removed and methods of protection for trees to remain.
§ 271-261 Retaining wall design.
A.
A new retaining wall or single tier of a multitiered wall shall not exceed four feet in height. The height is to be measured from the lowest point on the adjoining grade.
B.
A minimum horizontal distance of four feet is required between walls installed in a tiered installation. The area between the tiers shall be graded with no more slope than needed to facilitate shedding of surface waters and must be landscaped with natural material and be properly maintained.
C.
A retaining wall cannot exceed the height of the adjoining grade that it supports or retains.
D.
Provisions must be made to contain stormwater and prevent erosion on the subject property and to protect all adjoining properties from the same during and after construction.
E.
Permission to enter upon and/or disturb any adjoining property must be obtained from the property owner prior to the issuance of a building permit. Any adjoining property disturbed by the installation of a retaining wall must be restored to its previous condition.
F.
Retaining walls will not be permitted when the installation will destabilize or cause the removal of trees on an adjoining property, regardless of property line location, unless prior written permission is granted by the adjoining property owner and a tree removal permit is issued.
G.
Standard concrete block and untreated landscape ties are not permitted.
§ 271-262 Repairs and replacement of existing retaining walls.
A.
All repairs not minor in nature, as determined by the Building Inspector, and all repairs of an existing retaining wall of any full-height section of the wall over two feet in height shall require a permit. For all repairs over 4 feet in height, plans must be submitted, signed and stamped by a duly licensed construction design professional who may be an architect or engineer.
B.
Repairs of a minor nature include, but are not limited to, patching cracks in concrete retaining walls, replacement of rotted landscape ties that will not cause the removal of entire wall sections and correction of settlement in masonry unit walls that will not disturb the geotextile or footings.
C.
Retaining walls shall be inspected annually by the owner for signs of tipping, clogged drains or soil subsidence. If such conditions exist, they should be corrected immediately. The Building Department shall have the authority to require any necessary repairs to a retaining wall that jeopardizes public health, safety and property.