Modifications of Existing Topography

For any development or site alteration, the City Planning Commission may authorize modifications of the natural topography existing on September 11, 1975, beyond the amount specified in Section 107-31 (Topographic Regulations), provided that the Commission finds that:

(a)        development on the zoning lot is not feasible without such modifications;

(b)        such modification of topography is necessary to accommodate public amenities, such as public pedestrian ways, the waterfront esplanade or active recreational facilities within a designated open space as required under the provisions of this Chapter;

(c)        such modification will not cause unnecessary disturbance of the drainage pattern in the area; and

(d)        such modified topography will have minimal impact on the existing natural topography of the surrounding area and will blend harmoniously with it.

Where a permit for land contour work or topographic modification is required from the Department of Transportation or the Department of Buildings, the City Planning Commission and other such agencies shall jointly determine the conditions under which such topographic modification may be permitted so as best to serve the purposes of the Special District, in accordance with the provisions of Section 107-91 (Inter-agency Coordination).