Town of Huntington, NY The Steep Slopes Conservation Law

Hillside Areas included in a residential site plan approved by the Planning Board shall not be referred for further review under § 198-64 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.

[Amended 12-4-2007 by L.L. No. 40-2007]

Site plans approved by the Planning Board for non-residential 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.

[Amended 12-4-2007 by L.L. No. 40-2007]

The lot yield of residential subdivision maps which have received conditional final approval from the Planning Board before August 31, 2005 shall be exempt from further review by the Planning Board except as required under § 198-64 for the development of each particular lot.

(4)

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 Planning and Environment Department or Planning Board.

[Amended 7-13-2021 by L.L. No. 35-2021]

(5)

Additions to an existing residential building are exempted from the provisions of this Article if the building footprint of the existing building is increased by less than fifty (50%) percent. 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 on August 31, 2005.

(6)

Emergency situations, as determined by the Director of Engineering Services, where the disturbance of steep slopes is required to protect persons, wildlife and property from imminent danger.

(7)

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 in accordance with § 87-52(C)(1). 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.

[Added 12-4-2007 by L.L. No. 40-2007]

[1]

Editor's Note: Former § 198-61, Definitions, as amended, was repealed 2-10-2015 by L.L. No. 16-2015. This local law also redesignated former § 198-60.1 as § 198-61.

§ 198-62 Method of calculating the average slope of Hillside Areas.

The average slope of a Hillside Area shall be calculated by measuring the rise (vertical) 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 (2) decimal points or hundredths (e.g. 18.25). If this calculation is generated by the applicant on a computer using computer aided design software (CAD), proof shall be submitted in digital format that is readable in the software program used by the Town. Such calculation shall be subject to review and approval by the Director of Planning and Environment.

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 Director of Planning and Environment or the Planning Board, as the case may be. 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 their natural state in perpetuity shall be submitted to the Town Attorney for approval as to form and content. The Town Attorney shall indicate approval by signing the original document. The applicant shall record the signed original document in the Office of the Suffolk County Clerk at his or her own cost and expense and provide the Town Attorney, Department of Planning and Environment and Department of Engineering Services with a copy of the recorded instrument.

[Added 12-4-2007 by L.L. No. 40-2007; 7-13-2021 by L.L. No. 35-2021]

§ 198-63 Subdivision of land.

[Amended 3-7-2006 by L.L. No. 7-2006]

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.

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.

[Amended 1-9-2007 by L.L. No. 4-2007]

Lot Yield for Hillside Areas
Average Slope Equal or Greater Than	Average Slope Equal or Less Than	Required Minimum 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	.85
25%+		2 acres	150	.45

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. The yield calculation for the Hillside Area shall be rounded from the hundredths position to the nearest whole number [e.g., one and one-half (1.50) requires two (2) large lots; one and forty-nine one hundredths (1.49) requires one (1) large lot].

Lot yield alternative. At the applicant’s discretion, as an alternative to the lot yield method provided in (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 their natural state in perpetuity shall be submitted to the Town Attorney for approval as to form and content. The Town Attorney shall indicate approval by signing the original document. The applicant shall record the signed original document in the Office of the Suffolk County Clerk at his or her own cost and expense and provide the Town Attorney and Department of Planning and Environment 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 Director of Planning and Environment before the final map will be signed by the Director.

[Amended 12-4-2007 by L.L. No. 40-2007; 7-13-2021 by L.L. No. 35-2021]

Any oversized lot that is created pursuant to (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 Town Attorney for approval as to form and content. The Town Attorney shall indicate approval by signing the original document. The applicant shall record the signed original document in the Office of the Suffolk County Clerk at his or her own cost and expense and provide the Town Attorney and Department of Planning and Environment 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 Director of Planning and Environment before the final map will be signed by the Director.

[Amended 12-4-2007 by L.L. No. 40-2007; 7-13-2021 by L.L. No. 35-2021]

Park set-aside requirements: In all cases, the requirement for parkland set-aside shall be determined from the portion of land used to calculate lot yield.

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 as provided in § 198-62, grading plans with tree clearing limits shown, and any other proof requested by the town. 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, the applicable provisions of the Town Code, and Town Law § 277(1) and (2), or successor law.

[Amended 1-9-2007 by L.L. No. 4-2007]

§ 198-64 Building permits for individual residential building lots.

No building permit to construct, clear or grade land for residential development on individual residential building lots containing Hillside Area(s) shall be issued until the provisions of this article have been applied.

[Amended 1-9-2007 by L.L. No. 4-2007]

Procedure. All building permit applications filed in the Department of Engineering Services shall 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. A sworn and notarized affidavit signed by the property owner shall be submitted with the application attesting that the parcel has no Hillside Areas; or if it does, that no part of the proposed work, clearing and/or grading will occur in such areas. In addition to an affidavit from the property owner, the Director of Engineering Services may, at his 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 Director may also require a topographical survey showing elevations at two (2) 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 town will be required for construction, clearing or grading in Hillside Areas.

[Amended 1-9-2007 by L.L. No. 4-2007]

The Department of Engineering Services shall forward all building permit applications not exempted by this article including topographical surveys and plans to the Director of Planning and Environment for review prior to issuing building permits. The Director of Planning and Environment shall make the final determination of the average slope percentage and such determination shall control further review of the application for a building permit. Any person aggrieved by the determination of the Director of Planning may pursue his/her remedies in a court of competent jurisdiction.

[Amended 3-7-2006 by L.L. No. 7-2006; 1-9-2007 by L.L. No. 4-2007]

Review. If the average slope percentage is ten (10%) percent or greater, the Department of Planning and Environment 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 Department.

[Amended 12-4-2007 by L.L. No. 40-2007]

The Director of Planning and Environment 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. If the Director of Planning and Environment determines that a proposed development will result in significant impacts to steep slopes, the application will be forwarded to the Planning Board for review. The Planning Board may approve or deny the application, in whole or in part, with or without conditions. Any person aggrieved by the determination of the Director of Planning and Environment or Planning Board may pursue his/her remedies in a court of competent jurisdiction.

[Amended 3-7-2006 by L.L. No. 7-2006; 12-4-2007 by L.L. No. 40-2007]

Compliance with conditions. If the Planning Board or Director of Planning and Environment 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 Town Attorney for approval as to form and content. The Town Attorney shall indicate approval by signing the original document. The applicant shall record the signed original document in the Office of the Suffolk County Clerk at his or her own cost and expense and provide the Town Attorney, the Department of Planning and Environment, and the Department of Engineering Services with a copy of the recorded instrument before any permits can be issued by the Department of Engineering Services. Any permit issued before the covenants are filed and all other conditions are met shall be null and void.

[Amended 12-4-2007 by L.L. No. 40-2007]

Building Footprint. If any portion of the proposed building footprint is in a Hillside Area, the building footprint shall be subject to the maximum ground floor area shown in the following chart:

[Amended 12-4-2007 by L.L. No. 40-2007]

LOT SIZE (square feet)	BUILDING FOOTPRINT (square feet)
0 - 4999	0	0	0	0
5000 - 7499	1200 - 1400	1000 - 1100	900 - 1000	800 - 900
7500 - 9999	1400 - 1600	1100 - 1200	1000 - 1100	900 - 1000
10000 - 14999	1600 - 1800	1200 - 1400	1100 - 1300	1000 - 1200
15000 - 19999	1800 - 2200	1400 - 1800	1300 - 1600	1200 - 1400
20000 - 43559	2200 - 2500	1800 - 2250	1600 - 2000	1400 - 1750
43560 - 87119	2500 - 3500	2250 - 3000	2000 - 2500	1750 - 2000
87120-217799	3500-8750	3000-7500	2500-6250	2000-5000
218000+	8750	7500	6250	5000
AVERAGE SLOPE	10% to 14.99%	15% to 19.99%	20% to 24.99%	25%+

Method of calculating the building footprint. The maximum building footprint permitted by this Article shall be calculated as follows:

Begin with the actual square footage of the lot and deduct from such footage the minimum lot size shown for the applicable category. For example, a twelve thousand (12,000) square foot lot with an average slope of twenty-three (23%) percent would result in the following: (12,000) - 10,000 or 2,000. The resulting number (2,000) is divided by the difference between the maximum lot size and the minimum lot size shown for such category (i.e., 14,999 - 10,000 or 4,999). The calculation would result in a final number of .40 (i.e., 2,000÷4,999).

Multiply that number (.40) by the difference between the maximum building footprint and the minimum building footprint shown for the category (i.e., 1,300 - 1,100 = 200, so .40 x 200 = 80). Add to that number (80) the minimum building footprint to find the maximum building footprint permitted for the particular lot size (80 + 1,100 = 1,180).

If the building footprint permitted by this Article is shown on the chart as a single number, then all lots falling within the lot size category to which it applies shall be subject to the same building footprint.

A lot modified by the Planning Board pursuant to Town Law § 278 shall be subject to the building footprint limits which would have applied had no modification taken place.

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 as provided in § 198-62, grading plans with tree clearing limits shown, and any other proof requested by the town.

[Added 1-9-2007 by L.L. No. 4-2007[1]]

[1]

Editor's Note: This local law also redesignated former Subsection J as Subsection K.

Accessory structures. In no event shall the ground floor area exceed the following designated limits:

Detached garages shall not exceed six hundred fifty (650) square feet if construction, clearing or grading will occur on average slopes of between ten (10%) percent to nineteen and ninety-nine one-hundredths (19.99%) percent, and four hundred (400) square feet if construction, clearing or grading will occur on average slopes of twenty (20%) percent or more. If, however, the building footprint is less than the maximum ground floor area permitted by this article, then the remaining floor area may be allocated to a detached garage. Said additional allocation shall reduce the potential building footprint.

If built outside of Hillside Areas, the lot coverage of decks and patios (whether or not building permits are required) shall not be greater than permitted for the zoning district where the property is located. If any portion is built on an average slope in excess of or equal to twenty (20%) percent, lot coverage shall not exceed two hundred (200) square feet or as permitted in the zoning district, whichever is less, and the grade of the land on which the deck or patio is to be located cannot be altered for their construction. If any portion is built on average slopes of ten (10%) percent to nineteen and ninety-nine one-hundredths (19.99%) percent, lot coverage shall not exceed four hundred (400) square feet or as permitted in the zoning district, whichever is less, and the grade of the land on which the deck or patio is to be located cannot be altered for their construction.

Shed or other structures over two hundred (200) square feet, tennis courts and other recreational courts/structures shall be prohibited in any portion of a Hillside Area. Sheds and other structures over one hundred (100) square feet and all pools shall be prohibited on average slopes equal to or greater than to twenty (20%) percent.

(4)

The grade of land on which fences and freestanding walls are to be located cannot be altered for their construction.

[Amended 1-9-2007 by L.L. No. 4-2007]

(5)

Retaining walls.

[Added 1-9-2007 by L.L. No. 4-2007]

(a)

Retaining walls greater than four (4) feet and less than or equal to five (5) feet in height shall be located at least five (5) feet from property lines, and those greater than five (5) feet in height shall be located at least ten (10) feet from the property lines.

[Amended 12-4-2007 by L.L. No. 40-2007]

(b)

The maximum allowable square footage of retaining walls on improved lots with existing houses shall be calculated as set forth in § 198-64(G) and (H). In the case of § 198-64(G), the square footage of a wall shall be determined by taking the allowable building footprint set forth for an average slope of ten (10%) percent to fourteen and ninety-nine one-hundredths (14.99%) percent and dividing the number by three (3). In all cases, a wall shall be measured by its height and length as opposed to its width or depth.[2]

[2]

Editor's Note: Former § 198-64.1, Site development in the C-1, C-3, C-4 and C-8 zoning districts where single-family or two-family dwellings are proposed, which immediately followed, as amended, was repealed 1-9-2007 by L.L. No. 4-2007.

§ 198-65 Multi-family site development in C-1, R-3M, R-HS and R-RM zoning districts.

[Amended 3-7-2006 by L.L. No. 7-2006; 1-9-2007 by L.L. No. 4-2007; 12-4-2007 by L.L. No. 40-2007; 6-11-2008 by L.L. No. 17-2008]

No site plan approval for construction, clearing or grading in a Hillside Area shall be granted by the Planning Board until the provisions of this article have been applied.

The average slope of a Hillside Area shall be calculated in accordance with the provisions of § 198-62.

The number of living quarters (in the case of an assisted living facility) or dwelling units permitted in the flat area(s) shall be determined by the Planning Board in accordance with current zoning requirements and site improvement specifications for the zoning district where the property is located.

Yield determination. The number of dwelling units or living quarters permitted in a Hillside Area shall be determined by calculating the average slope percentage and applying the yield factor shown in the following table. In the event the Town Code provides for different minimum area requirements, the stricter requirements shall apply to Hillside Areas. The yield calculation shall be rounded down to the nearest whole number (e.g., 8.8 = 8 units).

Development Yield for Hillside Areas
Average Slope Equal To or Greater Than	Average Slope Equal To or Less Than	Minimum Area of Land Per Dwelling Unit (square feet)
10%	14.99%	4000
15%	19.99%	6,000
20%	24.99%	10,000
25%		20,000

The total number of living quarters or units permitted 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 permitted shall be those yielded from the Hillside Area.

In the event an applicant seeks a variance of the above area requirements from the Zoning Board of Appeals, the Zoning Board shall seek the recommendation of the Planning Board with respect to the variance sought. All applications to the Zoning Board shall include a topographical survey showing contour lines at two-foot intervals as provided in § 198-62, grading plans with tree clearing limits shown, and any other proof requested by the town. The Planning Board shall make the final yield determination in Hillside Areas in keeping with the spirit and intent of this article, the applicable provisions of the Town Code and Town Law § 274-a, or successor laws.

Accessory structures.

In a multi-family development, accessory structures including but not limited to patios, decks, pools, tennis courts or other recreational courts/structures, and pool houses, community centers, club houses, pergolas, sheds and detached garages shall not be built in Hillside Areas.

Notwithstanding the provisions of (G)(1) above, at its discretion the Planning Board may approve the location of an accessory structure in a Hillside Area, as long as the average slope is not greater than fourteen and ninety-nine one-hundredths (14.99%) percent and the applicant can provide proof, to the satisfaction of the Board, that development in such area will not require excessive regrading of the land or cause stormwater runoff, erosion and/or loss of significant natural vegetation.

(a)

If approved for placement in a Hillside Area, accessory structures such as pool houses, community centers, club houses, pergolas, sheds and detached garages shall not exceed the building footprint of any structure used for residential purposes, unless two (2) or more accessory uses are combined in one (1) building, and in that event, its size shall be at the discretion of the Planning Board. Such building(s) shall be in proportion to both the size of the property and the size of the principal building(s).

Retaining walls. Retaining walls greater than four (4) feet and less than or equal to five (5) feet in height shall be located at least ten (10) feet from residential property lines and five (5) feet from all other property lines. Retaining walls greater than five (5) feet in height shall be located at least fifteen (15) feet from residential property lines and ten (10) feet from all other property lines.

The Planning Board may require changes to a site plan 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. The Board will confine development 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. Any person aggrieved by the determination of the Planning Board may pursue his/her remedies in a court of competent jurisdiction.

§ 198-65.1 Other site plans.

[Added 1-9-2007 by L.L. No. 4-2007; amended 12-4-2007 by L.L. No. 40-2007; 2-10-2015 by L.L. No. 16-2015]

No building permit, site plan, special use permit or variance shall be approved, granted or released by any town department, agency or board for development requiring site plan review by the Planning Board and which is not covered by § 198-65 if any portion of the property is a Hillside Area until the provisions of this article have been applied.

Application requirements. All applications for the development of land containing Hillside Areas, including all applications before the Zoning Board of Appeals, shall include a topographical survey showing contour lines at two-foot intervals as provided in § 198-62, grading plans with tree clearing limits shown, and any other proof requested by the town.

Site plan approval. As a condition of site plan approval, a portion of the Hillside Area shall be permanently preserved in its natural state in perpetuity by means of a conservation easement whose size shall be calculated by using the following table. The conservation easement shall prohibit clearing, grading and other construction activity, but may permit the area to be landscaped as necessary to prevent erosion or to provide required buffers where feasible, as determined by the Planning Board. The Planning Board may redesign the conservation area in order to permit reasonable use of the property if the preservation of such area reduces potential development of the site by more than fifty (50%) percent.

Average Slope Equal or Greater Than	Average Slope Equal or Less Than	Portion of Hillside Area to be Preserved
10%	14.99%	15%
15%	19.99%	25%
20%	24.99%	35%
25%+		45%

Covenants and restrictions explaining why the conservation easement is being established and preserving such portion of Hillside Area(s) in their natural state shall be submitted to the Town Attorney for approval as to form and content. The Town Attorney shall indicate approval by signing the original document. The applicant shall record the signed original document in the Office of the Suffolk County Clerk at his or her own cost and expense and provide the Town Attorney and Department of Planning and Environment with a copy of the recorded instrument. The liber and page of each instrument recorded shall be shown on the site plan submitted to the Director of Planning and Environment before the plan will be signed for final approval.

[Amended 7-13-2021 by L.L. No. 35-2021]

Authority of the Planning Board.

The Planning Board may require changes to a site plan, including the reduction of a building footprint by requiring multiple stories instead of a single story, in order to protect Hillside Areas and the environment, as long as the resulting plan is in compliance with the zoning requirements. The Board shall confine development 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 spirit and intent of this article.

Additional conditions. At its discretion the Planning Board may condition approval on compliance with any condition or restriction it deems necessary to protect the environment and assure compliance with applicable laws, rules and standards. Covenants and restrictions incorporating the conditions and restrictions shall be prepared by the applicant, reviewed by the Town Attorney, filed against the property and treated in the same manner as with the conservation easement.

Authority of the Zoning Board of Appeals.

Any person aggrieved by the provisions of this section may seek a variance from the Zoning Board of Appeals. The Zoning Board shall seek the recommendation of the Planning Board with respect to any variance sought.