[Added 11-6-2002 by L.L. No. 17-2002[1]]
[1]
Editor's Note: This local law also repealed
former Art. V, Hillside Development Areas, added 3-1-1977 by L.L.
No. 5-1977, as amended.
[Amended 6-5-2007 by L.L. No. 6-2007]
It is the intention of the Village Board of
Trustees to protect and safeguard scenic landscapes and the vegetative
features of steeply sloped lands throughout the Village of Northport.
The Board 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 legislation
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.
[Added 6-5-2007 by L.L. No. 6-2007[1]]
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, B,
C or D, or in any district where the property is used for residential
purposes, if any portion of the property is a hillside area until
the provisions of this article have been applied.
B.
This article shall apply to residential development
in all zoning districts pursuant to a special use permit, use variance,
area variance or other Village-issued land use approval.
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)
Hillside areas included in a site plan in a
commercial or business district approved by the Planning Board shall
not be referred back to the Planning Board for further review under
the Village Code 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.
(2)
The lot yield of subdivision maps which have
received conditional final approval from the Planning Board prior
to the effective date of this article shall be exempt from further
review by the Planning Board except as required under any other provision
of this Village Code.
(3)
If all construction, clearing and grading activities
are outside of a hillside area, the building permit application does
not have to be reviewed by the Planning Board.
(4)
Emergency situations, as determined by the Building
Inspector or Village Engineer where the disturbance of steep slopes
is required to protect persons, wildlife and property from imminent
danger.[3]
[3]
Editor's Note: Former Subsection G(5), regarding
replacement of existing retaining walls, which immediately followed
this subsection, was repealed 12-18-2007 by L.L. No. 12-2007.
[1]
Editor's Note: Section 4 of this local law stated that nothing in this article shall permit any resident to alter, modify or grade any sloped lands in violation of § 173-2, Permit required to change contour lines or fill depressions, and any trees removed from steeply sloped parcels shall be subject to the permits necessary and requirements of Chapter 277, Trees.
[Amended 6-5-2007 by L.L. No. 6-2007]
For the purpose of this article, the following
terms shall have the meanings indicated:
The amount of land covered, or proposed to be covered, on
a lot by the principal building and attached accessory structures.
A principal building shall be measured along the plane of its outermost
boundaries, whether or not such boundaries are located on, below or
above the ground on pilings, on a slab, or any combination thereof.
For the purpose of this article, an attached garage or other structure
attached to the principal building, including but not limited to carports,
porches, pergolas, greenrooms, sunrooms, and any habitable space,
shall be considered part of the footprint. The eaves of a roof that
project beyond a principal building; patios; decks and arbors shall
not be considered part of the footprint but shall be considered part
of the lot area coverage.
Preparing land for construction or for any reason, such as
clearing, grading and filling, or the building of structures, including
driveways and retaining walls.
A structure, whether or not attached to the principal building,
which is designed or used for the storage of a motor vehicle(s).
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.
[Added 6-5-2007 by L.L. No. 6-2007]
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).
Such calculation shall be subject to review and approval by the Planning
Board.
B.
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 Village or an outside consultant designated by the Village.
[Added 6-5-2007 by L.L. No. 6-2007]
A.
The number of lots for that portion of a subdivision
which is not in 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
and applying the lot yield factor shown in the following table
|
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%
|
8,500
|
85
|
3.27
| |
|
15%
|
19.99%
|
14,520
|
100
|
2.18
| |
|
20%
|
24.99%
|
21,780
|
125
|
1.85
| |
|
25%+
|
1 acre
|
175
|
0.85
| ||
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.
(1)
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 0.75 or more, the yield shall be rounded up 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:
(a)
The degree and severity of erosion, drainage
and related water runoff impacts;
(b)
The degree of disturbance of the sloped areas;
(c)
The size, number and length of retaining walls;
(d)
Whether the slope disturbance can be effectively
mitigated;
(e)
The impact on nearby properties;
(f)
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
(g)
Any other factors related to the environmental
or physical impacts to the subject property or area properties or
public streets or facilities.
(2)
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.
D.
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. The portion of the lot 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, other than to protect and preserve the natural terrain, taking into regard the need for soil stabilization, such as constructing retaining walls. Covenants and restrictions establishing a conservation area which preserves the hillside area(s) in their 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 document in the office of the Suffolk County Clerk at his or her own cost and expense and provide it to the Village Attorney and the Village of Northport Building Department.
[Added 6-5-2007 by L.L. No. 6-2007]
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. All building permit applications filed
in the Village of Northport shall include photographs of the property
from the street and photographs of the areas of the land 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 on any construction of any kind will occur in such areas.
In addition to an affidavit from the property owner, the Building
Inspector and/or Planning Board may, at his or her or 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 Building
Inspector and/or Planning Board 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 with respect
to the sloped condition of the premises or any activity relating thereto,
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 will be required for construction,
clearing or grading in hillside areas.
C.
The Building Inspector shall forward all building permit applications not exempted by this article, including topographical surveys, 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 in accordance with Northport Village Code § 147-4. 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.
Any oversized lot that is developed 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. Upon approval of the Village Attorney, the applicant shall record the document in the office of the Suffolk County Clerk at his or her own cost and expense and provide the Village Attorney and Village Administrator 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 Village Administrator before the final map will be signed by the Building Inspector.
[Amended 10-5-2010 by L.L. No. 8-2010]
E.
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 Board of Zoning Appeals with respect to the flat
areas only of the subject property. In entertaining such an application,
the Board of Zoning Appeals shall seek the recommendation of the Planning
Board with respect to the variance sought. The Planning Board shall
make a 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 Village Code, and Village Law or any successor law
while the Board of Zoning Appeals retains its jurisdiction to grant
variances regarding flat or non-hillside areas. In such appeals, the
Board of Zoning Appeals shall not consider the hillside area of any
lot for compliance with lot area or front, rear or side yard setback
requirements. Nothing contained herein shall prevent the Planning
Board from creating lawful building lots, provided they conform to
the requirements of this chapter and the zoning area and setback requirements.
In such cases, the Planning Board may include hillside areas to the
extent the applicant otherwise complies with the requirements of this
chapter.
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. Upon approval by the Village
Attorney, the applicant shall record the document in the office of
the Suffolk County Clerk at his or her own cost and expense and provide
the Village Attorney, the Village of Northport Building Department
and the Planning Board with a copy of the recorded instrument 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 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 25%
|
25% to 30%
|
30% to 40%
| |
|
1/2 to 1 acre or greater
|
10% to 20%
|
20% to 25%
|
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.
A.
It shall be unlawful to create any disturbance, other
than an exempt activity as set forth in this article, on any steep
slope located within any existing or proposed lot or lots in the Village,
unless and until a steep slope permit is granted by the Planning Board
pursuant to the requirements of this article.
B.
Exempt activities. The following activities on steep
slopes do not require the issuance of a steep slope permit:
A.
The Planning Board is hereby designated to administer
and implement this article by granting or denying steep slope permits
for all residential and commercial 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 Planning Board 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, affected trees and affected wetlands, if any, within
100 feet of the boundaries of said area. An inset map at a reduced
scale may be used if required by the Planning Board.
(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 50 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.
(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.
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 the 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 Village Board of Trustees.
E.
Public hearing. The Planning Board may, at its discretion,
hold a public hearing on an application for a steep slope permit.
If a public hearing is held, the notice and hearing requirements shall
follow the procedural requirements set forth in this chapter.
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 legislative
intent and purpose stated in this article.
(2)
The proposed activity will not result in creep, 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 of flora or fauna.
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 and the Planning Board approves such report.
(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 this
article and the steep slope permit.
[Added 12-18-2007 by L.L. No. 12-2007]
A.
In addition to the penalties for offenses and additional
remedies set forth in this chapter, any person found violating any
provision of this article or conditions imposed by Planning Board
approval shall be served with a written notice or summons by the Building
Inspector, Code Compliance Officer or a member of the Northport Village
Police Department stating the nature of the violation and ordering
the person to cease and desist therefrom.
[Amended 12-18-2007 by L.L. No. 12-2007]
B.
Whenever any person shall have been notified, in writing,
by the enforcement officer that the person is violating the provisions
of this article or of any permission or extension thereof issued hereunder
or has been served with a summons accusing the person thereof, each
day the person shall continue such violation after such notification
or service shall constitute a separate offense punishable by a like
fine or penalty as set forth in this chapter.
C.
The foregoing provisions for the enforcement of this
article are not exclusive but are in addition to any and all laws
and regulations applicable thereto.
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.
A.
Approved subdivisions deemed a steep slope permit.
Where the Planning Board has approved, with or without conditions,
a final construction plan and final subdivision 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:
(1)
All of the information, review, bonding, approval
and other requirements of this article have been met.
(2)
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.
B.
Approved site plans deemed a steep slope permit. Where
the Planning Board has approved, with or without conditions, a final
site plan for a proposed development, this approval shall be deemed
to be a duly issued steep slope permit, provided that the following
conditions have been satisfied:
