Port Washington North
City Zoning Code
City Zoning Code
ARTICLE XXIII
Steep Slopes Conservation Law
[Added 12-2-2015 by L.L. No. 6-2015]
§ 176-241 Legislative intent.
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.
§ 176-242 Definitions.
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.
§ 176-243 Applicability.
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.
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.
This article applies to the zoning districts enumerated after the effective date of this article if the district permits:
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.
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.
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.
Exemptions.
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.
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.
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.
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.
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.
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.
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.
§ 176-244 Method of calculating average slope of hillside areas.
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).
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.
§ 176-245 Subdivision of land.
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.
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 | ||
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 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:
The degree and severity or erosion, drainage and related water runoff impacts;
The degree of disturbance of the sloped areas;
The size, number and length of retaining walls;
Whether the slope disturbance can be effectively mitigated;
The impact on nearby properties;
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
Any further factors related to the environmental or physical impacts to the subject property or area properties or public streets or facilities.
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.
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.
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.
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.
§ 176-246 Building permits for individual residential building lots.
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.
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.
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.
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.
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.
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.
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% | ||
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.
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.
§ 176-247 Permit procedures.
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.
An application for a steep slope permit shall be made on forms furnished by the Building Department and shall include the following information:
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:
The proposed location of all structures, including drainage, septic system, wells and driveways.
The location of the proposed area of disturbance and its relation to adjacent properties, together with buildings, structures, roads.
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.
Proposed final contours and proposed surface materials or treatment at a maximum contour interval of two feet.
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.
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.
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.
Any special reports deemed necessary by the Planning Board to evaluate the application, including but not limited to geologic or hydrogeologic studies.
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.
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:
A recommendation on whether the submission is complete and contains sufficient information for the Planning Board to perform a proper review of the submission.
A recommendation of approval, disapproval or approval with conditions of the application.
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.
During its review of the application, the Planning Board shall:
Determine when an application is complete.
Review the application to determine that the requirements of this article have been satisfied.
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.
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.
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.
In granting a steep slope permit, the Planning Board shall find that the following conditions have been met:
The proposed activity is in accordance with the intent and purpose stated in this article.
The proposed activity will not result in sudden slope failure, or additional erosion.
The proposed activity will preserve and protect existing waterways, floodplains and wetlands.
The proposed activity will not adversely impact existing or proposed drainage structures, wells or sewage disposal systems.
The proposed activity will not adversely impact any endangered or threatened species.
After a steep slope permit is approved.
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.
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.
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.
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.
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.
§ 176-248 Notice of violation; continuing offenses.
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.
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.
§ 176-249 Effect on existing operations or construction.
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.
§ 176-250 Other approvals deemed permit.
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:
All of the information, review, bonding, approval and other requirements of this article have been met.
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.
§ 176-251 Penalties for offenses; enforcement.
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.
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.
§ 176-252 Severability.
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.
