A. No building permit for residential development shall be issued for construction in a Hillside Area(s) without the review and approval of the Planning Board. The lot coverage of accessory structures and the building footprint shall not exceed the limits provided in § 198-64(G) and (J).

B. The Planning Board may require changes to a residential site plan 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. The Board will confine development 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.

C. 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 Town Attorney for approval as to form and content. Upon approval of the Town 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 Town Attorney, the Department of Planning and Environment and the Department of Engineering Services with a copy of the recorded instrument before any building permit can be issued. Any permit issued before the covenants are filed and all other conditions are met shall be null and void.

A. No site plan approval for construction, clearing or grading in a Hillside Area shall be granted by the Planning Board until the provisions of this article have been applied.

B. The average slope of a Hillside Area shall be calculated in accordance with the provisions of § 198-62.

C. The number of living quarters (in the case of an assisted living facility) or dwelling units permitted in the flat area(s) shall be determined by the Planning Board in accordance with current zoning requirements and site improvement specifications for the zoning district where the property is located.

D. Yield determination. The number of dwelling units or living quarters permitted in a Hillside Area shall be determined by calculating the average slope percentage and applying the yield factor shown in the following table. In the event the Town Code provides for different minimum area requirements. the stricter requirements shall apply to Hillside Areas. The yield calculation shall be rounded down to the nearest whole number (e.g., 8.8 = 8 units). The Planning Board shall make the final yield determination in Hillside Areas.

Development Yield for Hillside Areas

E. The total number of living quarters or units permitted shall be the total yield from the Hillside Area and the flat area, if a fiat area is determined to exist. If there is no flat area then the total number permitted shall be those yielded from the Hillside Area.

F. Accessory structures.

(1) In a multi-family development, accessory structures including but not limited to patios, decks, pools, tennis courts or other recreational courts/structures, and pool houses, community centers, club houses, pergolas, sheds and detached garages shall not be built in Hillside Areas.

(2) Notwithstanding the provisions of (F)(1) above, at its discretion the Planning Board may approve the location of an accessory structure in a Hillside Area, as long as the avenge slope is not greater than 14.99% and the applicant can provide proof, to the satisfaction of the Board, that development in such area will not require excessive regrading of the land or cause stormwater runoff, erosion and/or loss of significant natural vegetation.

(a) If approved for placement in a Hillside Area, accessory structures such as pool houses, community centers, club houses. pergolas, sheds and detached garages shall not exceed the building footprint of any structure used for residential purposes, unless two or more accessory uses are combined in one building, and in that event, its size shall be at the discretion of the Planning Board. Such building(s) shall be in proportion to both the size of the property and the size of the principal building(s).

G. The Planning Board may require changes to a site plan 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. The Board will confine development 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.

**Webmasters Note: The previous Article has been amended as per Local Law No. 30-2005.