Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than five feet from the main building.

A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.

No accessory building, structure, or use shall be permitted on a lot or plot unless a main or principal building already exists on said lot or plot and has a valid certificate of occupancy or a valid building permit has been issued and is in effect for the construction or erection of a main or principal building. This restriction shall not apply to agricultural or farm buildings or structures.

Accessory buildings and structures, including private garages, shall not be placed within a required front yard, a required side yard nor the total required side yard for a principal building, except as allowed elsewhere in this chapter.

An access driveway may be located within a required yard.

Accessory off-street parking or truck loading areas shall be improved in accordance with Town specifications.

Required accessory off-street parking areas or truck loading space shall not be encroached upon by buildings, open storage or any other use.

The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.

All accessory buildings, structures or land used for animal husbandry shall conform to the provisions of § 330-79.

The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses or farm livestock on the premises shall conform to the provisions of § 330-79, except in the case of a veterinarian, veterinary hospital or kennel.

A wind energy conversion system may be constructed or erected in the applicable zones as prescribed in the Tables of Use Regulations, provided that:

Solar energy systems. All such systems are permitted as an accessory use in all zoning districts when the primary purpose is for producing electricity or thermal energy for on-site consumption.

Battery energy storage systems.

Pickleball courts.

Accessory off-street parking areas shall not be located in a required front yard or side yard and shall be not less than 10 feet from any property line in a required rear yard.

No commercial vehicle nor any house trailer, mobile home, boat or boat trailer or any similar equipment shall be parked in any front yard or in any required side yard or within 10 feet of any property line in a required rear yard.

The height of any accessory building located or constructed in any residential zone shall not have a height greater than 20 feet. However, this restriction shall not apply to agricultural or farm buildings.

Accessory buildings and/or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 50% of such required rear yard, except for the area of the footprint associated with a ground-mount energy system having a minimum output of five kilowatts and decks and patios within 12 inches of grade. The total lot coverage shall not exceed the maximum lot coverage provided in § 330-11.

A residential storage shed as defined in § 330-5 shall be permitted in the rear yard of a lot if it meets the rear and side yard setbacks for accessory structures as defined in § 330-11 of the Town Code. Residential storage sheds that are located on lots 80,000 square feet and less in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 10 feet. This relief shall be granted for one residential storage shed per lot.

A deck, unroofed steps, patio, or terrace abutting or attached to a principal dwelling shall be subject to accessory structure setbacks, with the exception of distance from street regulations, as described in § 330-11.

Residential pool equipment, generators, and electrical equipment are not considered accessory structures and are exempt from accessory structure setbacks, but must maintain a ten-foot setback from all property lines, except for property located wholly within an R-10 Residential Zoning District, where an eight-foot setback from all property lines must be maintained. Screening from abutting properties and noise mitigation to comply with § 235-1, the definition of "noise pollution," is required.

In CR and R Districts, the following shall apply to the keeping of animals in all forms, except the keeping of animals as household pets:

In CR and R Districts, agricultural and gardening uses shall comply with the following requirements:

Permit required. It shall be unlawful to sell at retail crops and other farm-related products at an accessory farmstand, unless the farmer-operator shall apply for and receive a permit from the Chief Fire Marshal. Said permit shall allow the farmer-operator to erect, maintain, use or operate, on a temporary basis, a farmstand as an accessory use, as set forth in this section. Said temporary permit shall be known as a "farmstand permit."

No permit shall be required for the person who intends to sell crops he or she grows in the Town of Southampton at a single roadside stand with a display area less than 40 square feet in area.

The application for said permit shall be in a form prepared by the Chief Fire Marshal and shall include at least the following items of information:

There shall be a filing fee for each application for a temporary farmstand permit in an amount to be established, and changed as needed, by resolution of the Southampton Town Board.

In addition to the requirements of this section, any other standards, codes, rules or regulations which may be applicable to the erection, maintenance, use or operation of a temporary farmstand shall apply, including location in an appropriate zoning district as regulated by §§ 330-10, 330-33 and 330-37 (Tables of Use Regulations). All temporary farmstands accessing county roads shall receive a Suffolk County Highway work permit prior to issuance of a temporary farmstand permit.

Special standards.

The Chief Fire Marshal may deny any application for or revoke any temporary farmstand permit if the farmer-operator fails to comply with any requirement of this section. Written notice of such denial or rescission, and the reasons for such determination, shall be mailed by the Chief Fire Marshal, by certified mail, return receipt requested, to the applicant at the address provided in the application.

If the Chief Fire Marshal denies any application for or revokes any temporary farmstand permit, the applicant may appeal to the Public Safety Commission, upon payment of the applicable fee. All requests for an appeal shall be made in writing and shall be filed with the Town Clerk within 10 days from the date of receipt of the written denial or rescission notification.

The Public Safety Commission shall refer the appeal to the Town Agricultural Advisory Committee for evaluation and recommendation. The Agricultural Advisory Committee shall submit an advisory report to the Public Safety Commission. In determining the appeal, the Public Safety Commission shall consider all available information, including said advisory report. After a duly noticed public hearing, the Public Safety Commission may grant or deny said temporary farmstand permit by resolution with findings, and shall notify the applicant of its determination by certified mail, return receipt requested, to the address provided in the application. The decision of the Public Safety Commission shall be final and shall constitute the exhaustion of the applicant's administrative remedy.

The following accessory structures may be located in any required front or rear yard:

The space in a required front yard shall be open and unobstructed, except for structures provided for in Subsection A and the following:

Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches. Exterior cellar entrances, commonly known as "bilco doors," shall be exempt from setbacks, pursuant to § 330-11 of the Southampton Town Code, but must be located a minimum of five feet from all property lines and rights-of-way. The side of the bilco door facing the street and the side of the bilco door facing all adjacent properties along the side yard shall be screened from view.

Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

In any residence district where 25% of the block frontage within 200 feet of a proposed building on either the same side of the street or across the street is already improved with buildings, the front yard of such proposed building shall be required to exceed the minimum required dimension stipulated in this chapter for the district in which it is situated in cases where the average front yard setback of the two nearest buildings within such 200 feet exceeds such minimum dimension; provided, however, that such increased front yard shall not be required to exceed the minimum required front yard prescribed for the district in which such proposed building is to be located by more than 10 feet.

The following minimum required transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines:

In the Highway Business (HB) and Light Industrial (LI-40) Zones:

In the Shopping Center Business Zone. In order to encourage commercial development whereby off-street parking is provided to the side(s) and rear of developing business sites and to encourage the provision of additional landscape materials and planting areas adjacent to the Town's major arteries, a principal building, constructed or erected in the Shopping Center Business Zone after the effective date of this section, shall not have a front yard in excess of 100 feet, unless the required transitional yard is increased, and that such increase in the transitional yard shall be five feet for every 10 feet of increased front yard distance, and the increased front yard is approved by the Planning Board, contingent upon the submission of a detailed landscape plan (prepared by a licensed professional) for said transitional yard (planting area), which is to accompany the required overall site plan.

Notwithstanding any provision of this chapter to the contrary, in the case of corner lots:

In all residence districts, where the approving authority under Chapter 325, Wetlands, of the Town Code has authorized a wetlands permit for a principal building requiring relief from the minimum required yards under § 330-11 of this chapter, a required yard of such proposed principal building may be reduced up to 50%; provided, however, that any such reduced front or rear yard shall not be less than 30 feet, and any such reduced side yard shall not be less than 10 feet, and where the Administrator under Chapter 138, Coastal Erosion Hazard Areas, has authorized a coastal erosion management permit requiring similar relief, a required front yard setback measured from an existing street or property northerly line paralleling the ocean may be reduced to not less than 30 feet. The relief herein shall only be the minimum necessary to achieve the maximum practicable buffer zones required under Chapter 325 or Chapter 138 of the Town Code.

Nothing herein contained shall restrict the height of the following architectural and structural features:

No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:

No private radio or television antenna, mast or tower shall exceed the maximum permitted height prescribed for the district in which such proposed structure is to be located.

Pyramid Law.

The maximum height in any AE or VE Zone as shown on the applicable Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the Town of Southampton shall not exceed elevation +40 feet NAVD (88) plus required Residential Code of New York State freeboard or the maximum height in feet as shown on the table provided for in 330 Attachment 3, whichever is less.[1]

All new buildings and structures erected for use on a property shall be subject to these requirements.

Any building and/or structure which is hereafter altered or enlarged shall be subject to these requirements.

All new uses of a property shall be subject to these requirements.

Any use of a property which is hereafter changed shall be subject to these requirements.

The requirement for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is a part of this chapter.[1]

The requirement for a combination use made up of several component uses (e.g., a bowling alley combined with an auditorium; a restaurant and bar; or a retail store combined with an office building or a storage area) shall be determined by establishing the requirement for each component use from the schedule of such requirements, which is a part of this chapter, and adding them together.

When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.

If the use is not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar use listed, as determined by the Planning Board.

When the schedule requires the number of spaces to be calculated per employee and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift. In all other cases it shall mean the total number of employees on the site or who will use the site for parking at any one time.

A garage or a carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family or two-family dwelling. No garage or other parking area shall be located under a motel, multiple dwelling (other than a two-family dwelling) or other commercial use without the explicit written permission of the Town Department of Fire Prevention and all other local agencies having jurisdiction to review and approve such a plan.

Uses which require approval pursuant to the special exception procedure set forth in § 330-121 may be required to provide off-street parking spaces in excess of the requirements of this section, as indicated in § 330-122I.

Not more than two parking spaces per dwelling unit may be rented to persons living off the premises in the case of a one-family or two-family dwelling use and not more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residential use.

Not more than one commercial vehicle shall be housed or parked in a private garage or off-street parking area. Such commercial vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds or 25 feet in length.

A dwelling unit shall not have more than one vehicle for each conventional bedroom, plus one additional vehicle parked on the property at night, nor shall vehicles be parked on the street in violation of applicable parking regulations. The exemption provided for in § 330-100A of this chapter shall not apply to this provision.

Public parking areas, filling stations, repair garages and any other high-volume traffic generators may have separate or combined entrances.

Every separate entrance or exit driveway shall have a minimum unobstructed width of 10 feet on collector roads and 15 feet on secondary highways. Every combined entrance and exit driveway shall have a minimum unobstructed width of 20 feet on collector roads and 30 feet on secondary highways. The classification of such roads and highways shall be as set forth in the Master Plan or its subsequent amendments. Notwithstanding the provisions of this subsection, all entrance or exit driveways onto a state or county road shall be in accordance with the requirement of the highway department having jurisdiction over said roads.

The intersection of a separate or combined exit and entrance driveway of a parking area with the public street shall have the same corner clearance as prescribed for intersecting streets, in § 330-103.

The gradient of driveways shall be such as to facilitate the entrance and exit traffic flow.

All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of §§ 330-76 and 330-78 of this chapter. For all properties and uses subject to site plan review pursuant to § 330-181 of this chapter, new accessory off-street parking and truck loading areas shall be located and established only as the same are indicated on a site plan duly approved by the Planning Board. Any changes, alterations, improvements or additions to the parking area(s) shall require further review by the Planning Board.

The physical improvements of off-street parking and truck loading areas shall include:

All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a ninety-degree angle with the aisle; 18 feet when the parking spaces are at 60º in a one-way direction; and 12 feet when the parking spaces are at 45º in a one-way direction. Aisles adjoining a building shall be wide enough to accommodate fire lanes/zones as may be required by the Town Department of Fire Prevention and/or the local fire district.

Aisles and turning areas shall provide good internal circulation with adequate radii to assure ease of mobility, ample clearance and convenient access and egress. Queuing line areas required for drive-in facilities shall be designed such that at least 2/3 of the parking spaces required in the queuing line are separate from access lanes, maneuvering lanes and parking areas.

Center-line gradients of aisles shall not exceed 8%.

Accessory off-street parking areas shall be marked off into spaces with a minimum width of nine feet and a minimum length of 20 feet or a minimum width of 10 feet and a minimum length of 18 feet. The dimensions of the parking spaces shall be determined by the Planning Board based on the design and the type of improvements to be done to the parking area. As a policy, nine-by-twenty spaces should only be considered where the parking areas are to be substantially improved (i.e., asphalt or concrete paving) and there is a large number of spaces. The ten-by-eighteen spaces should be used in all other instances, especially where the parking areas are minimally improved (i.e., oil and bluestone or gravel). In the case of parking spaces for trucks or special equipment, the minimum size of the spaces shall be determined by the Planning Board based on the nature of the parked vehicles.

All accessory off-street parking areas shall provide for handicapped access and parking in accordance with the standards of the Suffolk County Department of Handicapped Services. A minimum of 5% of the total number of parking spaces required for the site shall be allocated to handicapped parking; however, in no case shall the number of handicapped spaces exceed 10, unless the use warrants additional spaces as may be determined by the Planning Board. The handicapped parking areas shall be marked off into spaces with the same minimum width as required for regular parking spaces, plus an adjacent five-foot wide unloading area, providing for a fourteen-or-fifteen-foot-wide parking space. Each space shall be striped with blue paint and shall contain the international handicapped symbol and an approved sign at the head of each space.

An accessory off-street truck loading space shall have a minimum width of 12 feet, a minimum length of 25 feet and a minimum clear height of 14 feet. The related aisles or driveways shall have the same minimum width and clear height. Where large trucks (i.e., tractor trailers) are anticipated delivering to the site, the Planning Board may require larger spaces and on-site turning areas to accommodate said trucks.

Traffic pavement markings may be provided on various internal roadways and parking areas, which may include parking stalls, stop bars, crosswalks, lane lines, fire zones, handicapped parking stalls, directional arrows and other miscellaneous markings. Signs may also be provided along said roadways to identify these areas. Pavement markings and signs shall conform to the New York State Manual of Uniform Traffic Control Devices or as directed by the Town Engineer.

To improve the aesthetics of a site, promote public safety, moderate climatic effects and minimize nuisances such as noise and glare, accessory off-street parking areas shall include appropriate landscaping around the perimeter and within the interior of the parking area. The Planning Board shall determine the amount, location and type of landscaping; however, as a minimum, accessory off-street parking areas with over 50 spaces shall have at least 25 square feet of interior landscaping for each parking space. In addition, interior parking islands should allow ample room for the growth of plants without disturbance from vehicular and pedestrian traffic. Landscaped areas shall not obstruct the driver's view of the right-of-way and shall provide proper corner clearance at intersections in accordance with § 330-103 of this chapter.

Existing buildings and uses are exempt as follows:

Where the Planning Board shall determine that a proposed land use, building or structure is adequately served by existing or proposed public parking facilities as a matter of public policy, the off-street parking space requirements stipulated in §§ 330-92 through 330-101 may be waived, in whole or in part, by the Planning Board. See also § 330-101 for required fee.

Where the Planning Board shall determine that dedication of land or an easement is desirable to facilitate improvement of existing or proposed public parking facilities and said dedication of land or easement is voluntarily and unconditionally offered to the Town for said purposes as a matter of public policy, the off-street parking requirements stipulated in §§ 330-92 through 330-101 may be waived, in whole or in part, by the Planning Board. The number of spaces that may be waived shall be calculated on the basis of one space per each two hundred (20) square feet of land area covered in the dedication or easement. No off-street parking fee, as required in § 330-101, shall be imposed for those spaces waived pursuant to these provisions.

The Board of Appeals, subject to the applicable provisions of §§ 330-101 and 330-167E, may waive the requirements, in whole or in part, for the off-street parking or truck loading spaces stipulated in this §§ 330-92 through 330-101.

In the event that an applicant can demonstrate to the Planning Board that its present parking needs do not necessitate the construction of the number of parking spaces required herein, the Planning Board may approve a site plan requiring the present construction of a lesser number of spaces. In such an event, the site plan shall show sufficient spaces reserved for future parking requirements with the combined number of spaces being not less than that required by §§ 330-92 through 330-101. In all cases, at least 2/3 of the number of required parking spaces shall be provided. The Planning Board may order the property owner to install the future parking spaces if, at the Planning Board's discretion, the need for additional spaces arises. For example, a mere change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within 120 days of being so ordered, the Building Inspector shall revoke the certificate of occupancy for the premises, and the Town Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the Town Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the Suffolk County Clerk's office, in such a form as shall be approved by the Town Attorney, indicating consent to the provisions of this subsection. The provisions of this subsection shall not apply in the VB and OD Districts.

As a matter of public policy, the Town of Southampton finds that the coordination of off-street parking areas between adjoining sites is desirable to allow for traffic circulation between sites rather than having all traffic entering and exiting the existing highway system to proceed from site to site. This coordination can take various forms, from a simple paved connection to a more elaborate plan to provide both a connection and shared parking arrangements. This is not to be considered a parking waiver, but an agreement between the landowners and the Town of Southampton to effect an overall circulating and parking plan and provide the required number of parking spaces in accordance with the applicable Code provisions for the respective use(s). For these reasons, in its review of a commercial site plan, the Planning Board may, at its discretion, allow for parking spaces to be provided both on and off site, provided that:

Shared parking on a single parcel. Where the Planning Board determines that a proposed development consisting of two or more uses located on a single and separate parcel will generate different hourly, daily and seasonal accumulations of parking demand due to the varied hours of operation of each use and frequencies of customer and employee occupancy of available parking spaces, the Planning Board may approve a site plan requiring the present construction of a lesser number of spaces, provided that:

Off-street parking on a separate parcel. Where the Planning Board determines that the off-street parking requirements of a proposed development can be met by the construction of new off-street parking spaces or the use of an existing off-street parking area located on a single and separate parcel within 500 feet of the proposed development, the Planning Board may approve a site plan requiring the present construction of a lesser number of spaces, provided that:

There is hereby created a Town of Southampton Parking and Truck Loading Space Trust Fund to be used exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes.

Every decision of the Planning Board or Board of Appeals under § 330-100B or D of this chapter waiving the requirements for off-street parking and/or truck loading spaces, in whole or in part, shall clearly set forth the nature and extent of such waiver by specifying the number of spaces required to be provided pursuant to said requirements, the number of spaces required to be provided by the respective Board and the number of spaces thus waived by the respective Board. The number of spaces so waived by the respective Board shall constitute the number of spaces for which a variance is granted.

Every decision which waives the requirements for off-street parking and/or truck loading spaces, in whole or in part, shall be made subject to a condition requiring a payment to the Town of Southampton of a sum for each and every space for which a waiver is granted, which sum shall constitute a trust fund to be used exclusively for public off-street parking and truck loading space purposes, including the acquisition and improvement of land for such purposes. Such condition shall be deemed a condition of every such waiver, and such payment may be referred to as the "off-street parking space fee." Said fee shall be paid prior to the issuance of the certificate of occupancy and/or certificate of compliance for the use for which the waiver was granted.

The amount of the per-space sum required to be paid to the Town for each and every space for which a waiver is granted shall be $2,000 per space.

The Planning Board may delineate boundaries for each hamlet area in the Town. Where the Planning Board makes such a delineation, the Town Comptroller shall set up a separate fund for each hamlet area, and payments shall be deposited into the hamlet area fund from which the payments originated. Moneys from each hamlet area fund may only be expended for public parking in the hamlet for which the fund was created.

The provisions of this section shall only apply in the VB and OD Districts.

The provisions of this section relating to a parking fee shall not be waived by the Planning Board or Zoning Board of Appeals.

One-family dwellings:

Two-family detached dwellings:

Three- and four-family dwellings:

Apartment dwelling units, where permitted:

Mobile homes, where permitted: 600 square feet.

Business or industrial building, first floor: 600 square feet.

Floor area dimensions for nonresidential uses in the VB District:

Units for moderate-income families:

Accessory apartments created or made conforming under Article IIA: 400 square feet.

The maximum total floor area for one- and two-family detached dwellings, as permitted in all residential zoning districts, shall be 15,000 square feet. For the purposes of this subsection, “total floor area” shall be defined as the area of a dwelling measured from the outermost exterior walls of the dwellings structure.

The maximum gross floor area per building or building complex in the Highway Business Zoning District shall not exceed 15,000 square feet per lot, except for the following uses which shall require special exception approval from the Planning Board and which shall comply with the special exception standards set forth in § 330-129.

Floor area dimensions for buildings in the Shopping Center Business Zone shall be limited to 15,000 square feet per building per lot. The Planning Board may grant a special exception permit, which allows buildings larger than 15,000 square feet for the following uses, and only the following uses:

Specific special exception criteria as outlined in § 330-139 shall be used in addition to the general special exception criteria outlined in § 330-122 for buildings or building complexes in the Shopping Center Business Zone greater than 15,000 square feet.

The maximum gross floor area per building or building complex in the Office District Zone shall not exceed 15,000 square feet per lot, except for the following uses which shall require special exception approval from the Planning Board:

Specific special exception criteria as outlined in § 330-138 shall be used in addition to the general special exception criteria outlined in § 330-122 for buildings or building complexes in the Office District Zone greater than 15,000 square feet.

Dwellings and dwelling units shall only be utilized by families for residential purposes on a seasonal basis or for a longer duration up to and including permanent residence, except as otherwise permitted in this chapter.

The use of dwellings and dwelling units for daily or weekly occupancy is hereby declared to be a transient occupancy and is prohibited.

Nothing contained in this section shall be construed as prohibiting the use of a dwelling unit in a resort motel on a weekly rental basis.

A single-family dwelling shall be designed and configured to be used as a one-family dwelling. All habitable space must be connected by a conditioned hallway or habitable space. Under no circumstances shall habitable space be connected through a mechanical room, laundry room, storage room, or garage.

In dwelling units, the maximum number of occupants shall be determined on the basis of floor area of each conventional bedroom as follows:

Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets and other service or maintenance space shall be excluded.

In residence districts.

In nonresidence districts.

Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence or wall to the highest point of the fence or wall, except that any fence or wall required by the New York State Building Code to be erected on the uphill side of such wall will not be included in calculating the height of the wall, notwithstanding the provisions of Subsections A and B. The ground level within 36 inches from the face of any wall shall have a slope of no more than a one foot vertical to four feet horizontal.

Electrical fences. The use of any fence which delivers an electric shock, charge or current to any animal or human being when contact is made shall be strictly prohibited in all zones, unless authorized by the Planning Board.

Agricultural fencing.

Public garden fencing.

All berms shall be constructed so that all sides of the berm shall not have a slope greater than one to three feet. For the purposes of §§ 330-110 through 330-112, the slope shall refer to the ratio of a vertical rise of one foot to a horizontal run of three feet.

All berms shall be constructed out of clean fill or an approved equal. Said fill shall be given sufficient time to settle before final shaping and topsoil are applied. After the settled fill has been shaped, a uniform six-inch layer of approved horticultural topsoil shall be placed and fine graded.

All berms shall be properly vegetated and landscaped, as approved by the Planning Board, before any erosion occurs in the topsoil on the berm or, in the alternative, the berm shall be covered with an approved ground cover until such time the berm can be properly landscaped.

Berms shall be constructed only during the period from March 1 through October 15.

The construction of a berm shall not violate Chapter 287, Article III, of this Code.

No fence or wall shall be constructed on a berm. However, a retaining wall may be placed on the sides of a berm where the Planning Board finds said retaining wall will promote aesthetic considerations and the height of the same does not exceed the grade of the berm.

The construction of berms and the berm itself shall not interfere with the natural drainage.

In all residence districts, no berm shall have a height greater than four feet in a front yard or six feet in a rear or side yard.

In all nonresidence districts, no berm shall have a height greater than six feet in a front, rear or side yard.

Notwithstanding the provisions of Subsections A and B of this section, where the proposed berm is along a highway, as that term is defined in § 292-3 of this Code, the Planning Board may increase the height limitations of this section, where it would be in the public interest, by limiting adverse impacts from noise or light or by promoting aesthetic considerations. However, in no case shall a berm along a highway exceed 10 feet.

The height of a berm shall be the vertical distance from the top of the berm to the natural existing grade at the base of the berm.

All berms, except those required to be constructed in connection with the Planning Board's approval of a subdivision plat or site plan, which exceed four feet in height shall require a building permit.

All applications for a building permit for a berm shall include the following:

All applications for a building permits for a berm shall be referred to the Planning Board for its approval with respect to the compatibility of the berm with the surrounding properties and associated land uses, drainage considerations and landscaping.

Within 15 working days of receipt of an application, the Planning Board shall approve, approve with modifications or deny the application.

The Building Inspector shall not issue a permit for a berm until Planning Board approval has been received. Failure of the Planning Board to act within 15 working days shall be deemed an approval.

All provisions of this Code relating to the building permits and construction shall apply to building permits for berms, except as provided in §§ 330-110 through 330-112.