Glen Cove City Zoning Code
ARTICLE XII
Hillside Protection
§ 280-50 Statement of purpose.
The purpose of this article shall be to maintain the overall environmental quality of the City, preserve scenic open space, minimize disruption to natural drainage patterns, maintain stability of environmentally sensitive slopes and minimize the aesthetic impact of hillside alteration.
§ 280-51 Applicability.
This article shall apply to all zoning districts in the City, except that parcels held in separate ownership at the time this article takes effect, containing the minimum lot area or less for the zoning district within which the parcel is located, shall not be subject to the requirements of this article.
§ 280-52 Preservation of steep hillsides.
[Amended 5-8-2007; 8-28-2007]
A.
Deductions; exception.
[Amended 8-24-2010]
(1)
Development on a lot with steep slope areas shall be controlled by deducting the following from the area of such lot(s) to calculate the lot area for the purposes of determining whether the lot meets the minimum area requirements. This reduced lot area shall also be utilized to calculate the maximum coverage and interior floor area.
(a)
One hundred percent of the area of steep slopes measuring at least thirty-five-percent grade.
(b)
Fifty percent of the area of steep slopes measuring at least twenty-five-percent grade.
(c)
Twenty-five percent of the area of steep slopes measuring at least fifteen-percent but less than twenty-five-percent grade.
(2)
Slopes include both natural and man-made slopes, and the deduction shall be applied under the preconstruction conditions on the site.
(3)
Exception. In a residential district where a single-family dwelling is a permitted principal use, which lot has been held in separate ownership from any adjoining lot facing on the same street prior to the time of the enactment of this chapter, the lot area deduction shall not be applied for purposes of determining whether the lot complies with the minimum lot size requirement in the district, provided that said lot is utilized for one single-family dwelling only, is at least 50% of the minimum lot size in the district and complies with all other requirements of this code. Notwithstanding this exception, the lot area deductions for steep slopes set forth in this section shall be applied to calculate the maximum coverage and livable floor area. The application for a permit for such a dwelling on such a lot shall be accompanied by such proof of separate ownership in sufficient detail to provide the DBD with adequate information upon which to base the issuance of a permit.
B.
The following limitations shall be applied to any portion of a lot with steep slopes covering more than 500 square feet of land area:
(1)
No land area covered by slopes measuring 25% or greater shall be developed and/or regraded or stripped of vegetation.
(2)
Not more than 20% of the land area covered by slopes measuring at least 15% but less than 25% shall be developed and/or regraded or stripped of vegetation.
(3)
Notwithstanding the limitations in this subsection, the Planning Board may allow a driveway to cross an area with a fifteen-percent or greater slope to facilitate access to a developable portion of a site with a slope measuring less than 15%.
C.
Slopes shall be identified from a topographic survey of the existing conditions prior to any disturbance based on contour lines separated by intervals of no greater than two feet. The survey shall be prepared by an engineer or land surveyor licensed in the State of New York. For the purpose of measuring steep slopes around retaining walls, an area shall be delineated by a line around the retaining wall at a distance equal to the height of the wall at the nearest point, and the area within this line shall be deemed to constitute a slope of one-hundred-percent grade.
[Amended 8-24-2010]
D.
Existing vegetation determined to be important for soil erosion control, water quality protection, shade, screening and other values on the protected land shall not be disturbed. Erosion and sediment control plans shall be consistent with Glen Cove and New York Department of Environmental Conservation guidelines.