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.

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.

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.

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:

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.

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.

Method of calculating the lot area coverage. The maximum lot area coverage permitted by this article shall be calculated as set forth in Village Code Chapter 176, §§ 176-7, 176-18 and 176-30.

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.

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:

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:

During its review of the application, the Planning Board shall:

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:

After a steep slope permit is approved.

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.

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.

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.