[Adopted 6-18-1974 by L.L. No. 2-1974 as Art. 16 of the 1974 General Ordinances]
It is found and declared that:
A. 
The Village is contiguous along its north boundary to the waters of Oyster Bay Harbor.
B. 
Certain areas of the Village adjacent to Oyster Bay Harbor are at or near sea level.
C. 
The waters of Oyster Bay Harbor are subject to storms, hurricanes, high water and exceptional tides and, as a consequence, flood or could flood low-lying lands within the Village adjacent to Oyster Bay Harbor and thereby endanger the lives and property of residents and owners of such lands by flooding or by contamination.
D. 
The following regulations are necessary to promote and protect the public safety, health, welfare, good order and peace of the inhabitants and landowners of the Village and the public therein and to protect and secure their property and to protect and preserve the public streets and other property of the Village.
This article shall be an addition to the Building Code of the Village which is otherwise the New York State Uniform Fire Prevention and Building Code.
The words used in this article shall have the same meaning as is set forth in Chapter 320, Zoning, to the extent that they are therein defined or used, otherwise they shall have the same meaning as is set forth in the New York State Uniform Fire Prevention and Building Code. In addition, mean sea level and elevation shall be taken from Nassau County Datum as shown on the topographic map prepared by the Nassau County Department of Public Works and dated 1957.
A. 
No building permit shall be issued for any building within the Village, including accessory buildings and uses, but excepting any of the following structures, provided that they do not contain sleeping accommodations, namely, swimming pools and appurtenant bathhouses, beach club and beach association facilities, tool houses, playhouses, greenhouses, tennis houses, tennis courts and riding rings, unless:
(1) 
The elevation of any habitable floor area of any building is at least 12 feet above mean sea level.
(2) 
The elevation of the level of the ground in all directions around the outside wall of the foundation of any such building is at least 10 feet above mean sea level for a distance of 30 feet.
B. 
No street or driveway shall be constructed or authorized unless the crown of the street is at least 10 feet above mean sea level.
C. 
No permit shall be issued for any building described in Subsection A hereof and no street or driveway shall be built on land which has been filled, or must be filled to comply with the provisions of this article (except where regrading is required only to provide a one-percent drainage gradient of a building site), unless the applicant shall state in his application for a permit to erect such building, street or driveway the manner and extent to which and the materials with which said land has been filled or with which he proposes to do such filling and shall furnish engineering and/or laboratory test reports satisfactory to the Village Engineers and the Village Building Inspector, reasonably showing that the compaction of such fill and of the subsoil will properly support the structure or roadbed or any permanent improvement proposed to be erected thereon or installed therein.
D. 
No permit shall be issued for the construction of any facility or system for the disposal of sewage or other putrescent organic wastes 1) on any lot which, in its natural state, has or had more than 75% of its lot area at an elevation of less than 10 feet above mean sea level and/or 2) in a location which, in its natural state, is or was at an elevation of less than 10 feet above mean sea level, unless such facility or system is designed by a civil engineer licensed to practice in the State of New York and is approved by the Village Engineers and, to the extent of their jurisdiction, by the New York State Board of Health and the Nassau County Department of Health. No such facility or system that is installed in the ground shall be backfilled without first having been inspected and approved by the Village Engineers.
A. 
The Board of Appeals of the Village may permit the erection of a building or installation of a street or driveway not conforming to this article, upon application to said Board by the person proposing to erect such building or to install such street or driveway, if it shall find that compliance with the provisions of this article shall cause practical difficulties or unnecessary hardships in connection with existing structures or surface drainage in the vicinity of such proposed building, street or driveway, and in granting such permit the Board of Appeals may impose such reasonable 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.
B. 
In addition to any and all other fees prescribed by law, ordinance or regulation, the fees required by Chapter 162, Fees and Deposits, shall be paid upon application for the issuance of a permit where § 121-7D hereof is applicable.
C. 
The acceptance of any person of a permit or the construction by any person of a street or driveway where § 121-7D or 121-8A hereof is or are applicable shall constitute an agreement by such person, his heirs or successors and assigns to indemnify the Village for and to hold the Village harmless from any damage, liability, claim, suit or proceeding arising out of a change of the grade of any land, street or driveway.
D. 
The acceptance by any person of a permit or the construction by any person of a street or driveway where § 121-7D or 121-8A hereof is or are applicable shall constitute a waiver and release by such person, his heirs or successors and assigns in favor of the Village for any damage or injury to person or property sustained on the land for which the permit was accepted or on the street or driveway so constructed.