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:
HILLSIDE AREA (STEEP SLOPE)
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.
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.
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.