[Added 12-2-2015 by L.L.
No. 6-2015]
It is the intention of the Village of Port Washington North
to protect and safeguard scenic landscapes and the vegetative features
of steeply sloped lands throughout the Village of Port Washington
North. The Village of Port Washington North recognizes that development
in hillside areas disrupts the aesthetic and scenic qualities of these
sites and adversely impacts surrounding properties by disrupting the
surrounding natural vegetation and wildlife habitat, increasing the
risk of stormwater runoff, flooding, surface erosion, sudden slope
failure and soil movement. This article seeks to establish specific
regulations for development and density outside conventional zoning
controls by which the adverse impacts to adjoining properties and
steep slopes will be ameliorated to the greatest extent possible,
not only during development of these sites but thereafter. It also
seeks to safeguard the lives and welfare of the public by providing
for a safe means of ingress and egress for vehicular and pedestrian
travel and by providing adequate and safe access for fire district
vehicles and other emergency personnel.
For the purpose of this article, the following terms shall have
the meanings indicated:
A geographical area, whether natural or man-made, and whether
on one or more lots, having an average slope of 10% or greater. For
the purpose of this article, a slope of 10% shall be equivalent to
a vertical rise of one foot in a horizontal distance of 10 feet.
A.
No building permit shall be issued and no site plan or subdivision
shall be approved by any Village department, agency or board for the
development of land in a Residence District A-1, B, or C if any portion
of the property is a hillside area as defined in this article until
the provisions of this article have been applied.
B.
This article shall apply to development in all zoning districts pursuant
to a special use permit, use variance, area variance or other Village-issued
land use approval.
C.
This article applies to the zoning districts enumerated after the
effective date of this article if the district permits:
D.
This article applies to the resubdivision of any lot included in
a residential subdivision map and to a residential site plan approved
by the Planning Board prior to the effective date of this article.
E.
This article shall apply to new development on vacant lots and to
new buildings which replace existing buildings excluding accessory
structures on lots containing hillside areas where a building permit
has not been issued.
F.
This article applies to the issuance of a building permit for additions
to an existing building, if the building footprint or lot coverage
area is increased by 50% or more, and any portion of the construction
is or will be located within a hillside area.
G.
Exemptions.
(1)
Site plans approved by the Planning Board for nonresidential
development shall not be referred for further review by the Building
Department when an application for a permit is filed. If a plan submitted
with a permit application deviates from the plan originally approved
by the Planning Board, then Planning Board review and approval is
required before a permit will be issued.
(2)
The lot yield of residential subdivision maps which have received
conditional final approval from the Planning Board prior to effective
date of this article shall be exempt from further review by the Planning
Board except as required under the Village Code.
(3)
If all construction, clearing and grading activities are outside
of a hillside area, a building permit application does not have to
be reviewed by the Building Department or Planning Board except as
required under the Village Code.
(4)
Additions to an existing residential building are exempt from
the provisions of this article if the building footprint of the existing
building is increased by less than 50%. Such increase shall be calculated
by including the cumulative impact of all successive additions in
relation to the footprint of the building as it lawfully existed prior
to the effective date of this article.
(5)
Emergency situations, as determined by the Building Department,
where the disturbance of steep slopes is required to protect persons,
wildlife and property from imminent danger.
(6)
Any existing retaining wall may be replaced with a new retaining
wall of the same size and in the same location without being subject
to the provisions of this article. The new wall shall require a building
permit. This exemption does not apply if the existing wall would have
required a building permit at the time of its construction and was
built without a permit having been issued.
(7)
Hillside areas included in a residential site plan previously approved by the Planning Board shall not be referred for further review under § 176-246 when an application for a permit is filed, except that Planning Board review is required if the plan submitted with the application deviates from the plan originally approved by the Board.
A.
The average slope of a hillside area shall be calculated by measuring
the vertical rise in elevation between consecutive contour lines that
shall be shown at two-foot intervals on the map, and averaging the
measurements taken at each twenty-five-foot horizontal interval (run),
or any remaining portion of an interval as needed to reach the property
boundary. The measurements shall be taken perpendicular to the lower
contour lines. The total rise (vertical measurements) shall be divided
by the total run (horizontal measurements) to reach the resulting
average slope percentage. The average slope percentage shall be stated
to two decimal points or hundredths (e.g., 18.25).
B.
Any hillside area that will be protected by a permanent conservation
easement preventing construction, clearing and grading shall not be
included in the calculation of the average slope of a hillside area.
The conservation area shall be of a size and shape sufficient to protect
steep slopes as determined by the Planning Board. The conservation
area shall not consist of scattered noncontiguous areas throughout
a lot. Covenants and restrictions establishing a conservation area
which preserves the hillside area in its natural state in perpetuity
shall be submitted to the Village Attorney for approval as to form
and content. Upon approval by the Village Attorney, the applicant
shall record the signed original document in the office of the Nassau
County Clerk at his or her own cost and expense and provide the Village
Clerk with a copy of the recorded instrument.
A.
The number of lots for that portion of a subdivision which is not
a hillside area shall be determined by the Planning Board in accordance
with current zoning requirements and subdivision regulations for the
zoning district in which the property is located.
B.
Lot yield. The number of lots permitted in a hillside area shall
be determined by calculating the average slope percentage of such
hillside area and applying the lot yield factor shown in the following
table.
|
Lot Yield for Hillside Areas
| |||||
|---|---|---|---|---|---|
|
Required Minimum
| |||||
|
Average Slope Equal or Greater Than
|
Average Slope Equal or Less Than
|
Lot Area
(square feet)
|
Required Lot Width
(feet per lot)
|
Gross Lot Yield Factor
(per acre)
| |
|
10%
|
14.99%
|
15,000
|
100
|
2.18
| |
|
15%
|
19.99%
|
20,000
|
100
|
1.85
| |
|
20%
|
24.99%
|
1 acre
|
125
|
0.85
| |
|
25%+
|
2 acres
|
150
|
0.45
| ||
C.
The number of lots to be permitted in the subdivision shall be the
total yield from the hillside area and the flat area, if a flat area
is determined to exist. If there is no flat area, then the total number
of lots shall be those yielded from the hillside area.
D.
The yield calculation for the hillside area shall be rounded from
the hundredths position to the nearest whole number as follows: for
the fractional portion of the yield calculation that is 0.40 or less,
the yield shall be rounded down to the nearest whole number; for fractions
over 0.40 and under 0.75, the Planning Board shall have discretion
to determine whether to yield up or down based upon a balancing of
the following standards:
(1)
The degree and severity or erosion, drainage and related water
runoff impacts;
(2)
The degree of disturbance of the sloped areas;
(3)
The size, number and length of retaining walls;
(4)
Whether the slope disturbance can be effectively mitigated;
(5)
The impact on nearby properties;
(6)
Whether a reduction in the allowable lot coverage for a specific
lot or lots as determined by the Planning Board would alleviate the
impact to the hillside area; and
(7)
Any further factors related to the environmental or physical
impacts to the subject property or area properties or public streets
or facilities.
E.
Once lot yield has been calculated and approved by the Planning Board,
the applicant shall submit a lot yield map demonstrating the ability
to create the number of approved legal fully conforming lots.
F.
Lot yield alternative. At the applicant's discretion, as an alternative to the lot yield method provided in Subsections B and C above, lot yield may be determined by deducting hillside areas from the yield of the property in their entirety. Lots in the flat portion(s) of the property shall meet the zoning requirements for the district in which they are located without using any area(s) within the hillside area. As a condition of approval, if this alternative is utilized no portion of the hillside area(s) shall be built upon or developed. Covenants and restrictions establishing a conservation area which preserves the hillside area(s) in its natural state in perpetuity shall be submitted to the Village Attorney for approval as to form and content. The applicant shall record the signed original document in the office of the Nassau County Clerk at his or her own cost and expense and provide the Village Clerk with a copy of the recorded instrument. The liber and page of each instrument recorded shall be shown on the final subdivision map submitted to the Building Department before the final map be will be signed.
G.
Any oversized lot that is created pursuant to Subsection (B) above
shall be considered to be fully yielded and is not to be further subdivided.
The applicant shall submit covenants and restrictions explaining the
reason(s) the lot was created and prohibiting further subdivision
of the newly created lot in perpetuity to the Village Attorney for
approval as to form and content. The applicant shall record the signed
original document in the office of the Nassau County Clerk at his
or her own cost and expense and provide the Village Attorney and Village
Clerk with a copy of the recorded instrument. The liber and page of
each instrument recorded shall be shown on the final subdivision map
submitted to the Building Department before the final map will be
signed by the Director.
H.
In the event a lot(s) on a proposed map does not comply with the
area requirements of this article, an applicant may seek a variance
from the Zoning Board of Appeals. All applications to the Zoning Board
shall include a topographical survey showing contour lines at two-foot
intervals, grading plans with tree clearing limits shown, and any
other proof requested by the Village. In entertaining such an application,
the Zoning Board of Appeals shall seek the recommendation of the Planning
Board with respect to the variance sought. The Planning Board shall,
using generally accepted planning principles, make the final determination
of the number of lots permitted in hillside areas in keeping with
the spirit and intent of this article.
A.
No building permit to construct, clear or grade land for residential
development on individual building lots containing hillside area(s)
shall be issued until the provisions of this article have been applied.
B.
Procedure. As determined by the Building Department, building permit
applications filed in the Village of Port Washington North may include
photographs of the property from the street and photographs of the
areas of the lot affected by the proposed construction, clearing and/or
grading, if the construction, clearing or grading contains a hillside
area as determined by the Building Department. If the Building Department
determines that the construction, clearing and/or grading may fall
under this article, then a sworn and notarized affidavit signed by
the property owner shall be submitted with the application attesting
that the parcel is not a steep slope as defined; or if it does, that
no part of the proposed work, clearing and/or grading will occur in
such areas. In addition to the affidavit from the property owner,
the Planning Board and/or Building Department may, at its discretion,
request a sworn and notarized affidavit by a licensed surveyor or
professional engineer bearing the original seal and attesting that
the parcel has no hillside areas or that the proposed construction,
clearing and/or grading will not be performed in such areas. The Planning
Board/Building Department may also require a topographical survey
showing elevations at two-foot intervals. If a field inspection determines
that a false statement or misrepresentation has been made, a stop-work
order shall be issued and the permit revoked. The applicant will be
required to file a new building permit application, pay the requisite
fees, and go through the review provided by this article. In all cases,
a topographical survey, grading plans with tree clearing limits shown,
and any other proof requested by the Village will be required for
construction, clearing or grading in hillside areas.
C.
The Building Department shall forward all building permit applications
not exempted by this article, including topographical surveys and
plans, to the Planning Board for review prior to issuing building
permits. The Planning Board will, if deemed necessary, request the
assistance of outside consultants or engineers, whose fees are to
be paid for by the applicant. The Planning Board shall make the final
determination of the average slope percentages and this determination
shall control the review of the application for a building permit
and for all other site-related applications.
D.
Review. If the Building Department determines that the average slope
percentage is 10% or greater, the Planning Board will review applications
for compliance with this article. The review will take into consideration
the degree of slope and size of the sloped area affected by construction;
the attempt by the applicant to minimize or mitigate development on
steep slopes; the locations of proposed and/or existing buildings,
accessory structures, freestanding and retaining walls; the location
of driveways and lawn areas; soil classifications; flora and fauna;
unique environmental features; neighborhood impacts and other factors
deemed necessary by the Planning Board.
E.
The Planning Board may require changes to a building permit application
in order to protect steep slopes and the environment, and may require
such conditions and restrictions as deemed necessary to assure compliance
with all applicable laws, rules and standards. Development shall be
confined to the least-sloped portion of the property whenever appropriate;
taking into account the degree of slope, the suitability of the location
for construction, attempts to mitigate clearing and grading, the environmental
features of the lot, and compliance with the intent of this article.
The Planning Board may approve or disapprove the application, in whole
or in part, with or without conditions, and base its determination
on how a proposed development will result in significant impacts to
steep slopes. Any person aggrieved by the determination of the Planning
Board may pursue his/her remedies in a court of competent jurisdiction.
F.
Compliance with conditions. If the Planning Board requires that covenants
and restrictions be filed as a condition of receiving a building permit
for work in a hillside area, the applicant shall submit the covenants
and restrictions to the Village Attorney for approval as to form and
content. The applicant shall record the signed original document in
the office of the Nassau County Clerk at his or her own cost and expense
and provide the Village Attorney, the Village Clerk with a copy of
the recorded instrument before any permits can be issued by the Village
of Port Washington North. Any permit issued before the covenants are
filed and all other conditions are met shall be null and void.
G.
Lot area coverage. If any portion of the proposed building footprint
is in a hillside area, the lot area coverage shall be subject to reduction
by the Planning Board as set forth below.
|
Slope
|
10% to 14.99%
|
15% to 19.99%
|
20% to 24.99%
|
Greater than 25%
| ||
|---|---|---|---|---|---|---|
|
Percentage of reduction of lot area coverage
|
10% to 20%
|
20% to 25%
|
25% to 30%
|
30% to 40%
| ||
|
Lot Size
| ||||||
|
8,500 square feet or less
|
10% to 20%
|
20% to 25%
|
25% to 30%
|
30% to 40%
| ||
|
8,500 square feet to 1/3 acre
|
10% to 20%
|
20% to 25%
|
25% to 30%
|
30% to 40%
| ||
|
1/3 to 1/2 acre
|
10% to 20%
|
20% to 30%
|
25% to 30%
|
30% to 40%
| ||
|
1/2 to 1 acre or greater
|
10% to 20%
|
20% to 30%
|
25% to 30%
|
30% to 40%
| ||
I.
In determining the percentage of reduction of lot area coverage within
the authorized percentage range noted in the table above, the Planning
Board shall consider the unique topographical and other physical conditions
of the property, including but not limited to drainage, erosion protection,
diversion of surface water, physical and environmental impacts on
neighboring properties, retaining walls, ingress and egress and other
related factors related to the development of the parcel.
J.
Any person seeking a variance from the area requirements of this
section may apply to the Zoning Board of Appeals; the Zoning Board
shall seek the recommendation of the Planning Board with respect to
any variance sought. All applications to the Zoning Board shall include
a topographical survey showing contour lines at two-foot intervals,
grading plans with tree clearing limits shown, and any other proof
requested by the Village.
A.
The Planning Board is hereby designated to administer and implement
this article by granting or denying steep slope permits for all residential
construction, whether on a single lot or in connection with a subdivision
application.
B.
An application for a steep slope permit shall be made on forms furnished
by the Building Department and shall include the following information:
(1)
Seven copies of a site plan drawn at a scale of not less than
one inch equals 30 feet, prepared by an engineer, landscape architect,
or surveyor licensed by the State of New York, showing within the
lot or lots containing steep slopes the following:
(a)
The proposed location of all structures, including drainage,
septic system, wells and driveways.
(b)
The location of the proposed area of disturbance and its relation
to adjacent properties, together with buildings, structures, roads.
(c)
Existing topography of the proposed area of disturbance at a
contour interval of not more than two feet. Contours shall be shown
for a distance of two feet or greater beyond the limits of the proposed
area of disturbance, if determined necessary by the Planning Board,
in order to fully evaluate the application.
(d)
Proposed final contours and proposed surface materials or treatment
at a maximum contour interval of two feet.
(e)
Existing topography of the area proposed to be disturbed and
the entire watershed tributary to said area presented at a scale of
not more than 100 feet per inch. This map shall show existing and,
if required by the Planning Board, proposed controls and diversions
of upland water. The applicant shall provide runoff calculations based
on the Rational Formula for determining the impact of runoff on the
as plan steep slope.
(f)
The details of any surface or subsurface drainage system proposed
to be installed, including special erosion control measures, designed
to provide for proper surface or subsurface drainage, both during
the performance of the work and after its completion.
(g)
The cut/fill map delineating proposed areas of disturbance at
affected depths, in feet, of zero to three, three to six, six to 10,
and 10 and over.
(h)
Any special reports deemed necessary by the Planning Board to
evaluate the application, including but not limited to geologic or
hydrogeologic studies.
(2)
A written narrative explaining the nature of the proposal, including
any future development proposals for the property and whether alternative
locations exist for the proposed activity.
C.
Village Engineer review. The Planning Board may refer each application
for a steep slope permit to the Village Engineer for review, who shall
submit a written report to the Planning Board. This report shall contain
the following items:
(1)
A recommendation on whether the submission is complete and contains
sufficient information for the Planning Board to perform a proper
review of the submission.
(2)
A recommendation of approval, disapproval or approval with conditions
of the application.
(3)
A recommendation as to the amount of a performance bond to be
posted to guarantee completion of the work, including stabilization
or restoration of the area of disturbance. The applicant shall provide
to the Planning Board a cost estimate for construction to determine
the amount of the bond.
D.
During its review of the application, the Planning Board shall:
(1)
Determine when an application is complete.
(2)
Review the application to determine that the requirements of
this article have been satisfied.
(3)
Review each complete application and approve, approve with conditions
or deny the application, in accordance with this article, within 60
days of receipt of a complete application as determined by the Planning
Board.
(4)
If deemed necessary, require posting of a performance bond or
other security as a condition of approval, the amount of such bond
or other security to be approved by the Planning Board.
E.
Public hearing. The Planning Board shall hold a public hearing on
an application for a steep slope permit. The public hearing shall
follow the notice and hearing requirements of the Village of Port
Washington North and state Law.
F.
In granting a steep slope permit, the Planning Board shall find that
the following conditions have been met:
(1)
The proposed activity is in accordance with the intent and purpose
stated in this article.
(2)
The proposed activity will not result in sudden slope failure,
or additional erosion.
(3)
The proposed activity will preserve and protect existing waterways,
floodplains and wetlands.
(4)
The proposed activity will not adversely impact existing or
proposed drainage structures, wells or sewage disposal systems.
(5)
The proposed activity will not adversely impact any endangered
or threatened species.
G.
After a steep slope permit is approved.
(1)
All permits shall expire on completion of the work specified
therein and approved thereby. Unless otherwise indicated, the approved
permit shall be valid for a period of one year from the date of issuance.
The Planning Board may grant a six-month extension of this period.
(2)
Following completion of the work, the applicant shall submit
a certification by an engineer, licensed by the State of New York,
that the completed work meets the requirements of the permit. The
Building Inspector shall verify that the work has been completed in
accordance with the permit. An as-built survey or plan shall be required
to show that the work was completed in accordance with the permit.
(3)
Where the activity subject to this article also requires a Village
building permit, the Building Inspector shall not issue a certificate
of compliance, completion or occupancy until the Building Inspector
verifies that all work has been completed in accordance with the permit.
(4)
Any proposed revision to work covered by a steep slope permit
may be reviewed by the Village Engineer. Where the Village Engineer
or Planning Board determines that a substantial revision is required,
a new application to the Planning Board is required.
(5)
Any work performed pursuant to a steep slope permit granted
by the Planning Board shall require a building permit and shall be
monitored by the Building Inspector for compliance with the article
and the steep slope permit.
A.
In addition to the penalties for offenses and additional remedies
set forth in the Port Washington North Village Code, any person violating
any provision of the article or conditions imposed by Planning Board
approval shall be served with a written notice or summons by the Building
Department stating the nature of the violation and ordering the person
to cease and desist.
B.
Whenever any person or entity shall have been notified, in writing,
by the Building Department that the person or entity is violating
the provisions of this article, each day the person or entity shall
continue such violation after such notification or service shall constitute
a separate offense punishable by a fine or penalty set forth in the
Village Code.
Any construction commenced within areas defined as steep slopes
prior to the effective date of this article shall be exempt from this
article, provided that no new construction shall be permitted after
the effective date of this article except by permit as provided hereby.
Approved subdivisions deemed a steep slope by this article are
deemed a permit where the Planning Board has approved, with or without
conditions, a final construction plan and final subdivision plan and/or
a final site plan for a proposed subdivision. This approval shall
be deemed to be a duly issued steep slope permit, provided that the
following conditions have been satisfied:
A.
All of the information, review, bonding, approval and other requirements
of this article have been met.
B.
The Planning Board may attach special conditions to the approval
of the final construction plan and the final subdivision plan to ensure
that the construction within steep slopes occurs as approved.
A.
Each violation of this article shall constitute a misdemeanour and
shall be punishable by a fine of not to exceed $1,000 or by imprisonment
not exceeding one year, or by both such fine and imprisonment; and
each day such violation shall be permitted to exist shall constitute
a separate offense.
B.
In the event there is a violation of this article, the Building Department,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such violation.
If any clause, sentence, paragraph, subdivision, section or
other part of this article shall for any reason be adjudged by any
court of competent jurisdiction to be unconstitutional or otherwise
invalidated, such judgment shall not affect, impair or invalidate
the remainder of this article, and it shall be construed to have been
the legislative intent to enact this article without such unconstitutional,
unlawful or invalid parts therein.
