A.
Title. This chapter shall be known as the "Steep Slope
Protection Law of the City of Peekskill." It is a chapter regulating
the disturbance of steep slopes in the City of Peekskill.
B.
Findings and policy. The Common Council of the City
of Peekskill finds and declares it to be the public policy of the
City to regulate, preserve, protect and conserve its steep slopes
so as to maintain and protect the natural terrain and its vegetative
features, preserve wetlands, water bodies and watercourses, prevent
flooding, protect important scenic views and vistas, preserve areas
of wildlife habitat, provide safe building sites and protect the subject
property and the adjoining property by preventing erosion, creep and
sudden slope failure. In this connection the Common Council finds
as follows:
(1)
Protection of steep slopes is a matter of concern
to the entire City. Once a steep slope is disturbed, that disturbance
is, for all practical purposes, irreversible. The establishment of
regulatory and conservation practices to control disturbance of steep
slopes is needed to protect the public health, safety and general
welfare, and to preserve and protect the property values of surrounding
properties. Experience has demonstrated a need for effective protection
of steep slopes, including careful review and regulation and the implementation
of stringent mitigation measures. However, in all cases where avoidance
of steep slopes is not practicable, such disturbance should constitute
the minimum disturbance necessary to ensure the property owner a reasonable
use of the property.
(2)
The disturbance of steep slopes can aggravate erosion
and sedimentation beyond rates experienced in natural geomorphologic
processes. Erosion and sedimentation often include the loss of topsoil,
a valuable natural resource, and can result in the disturbance of
habitats, degradation of the quality of surface water and wetlands,
alteration of drainage patterns, the gullying of land, the obstruction
of drainage structures, the intensification of flooding both on and
off the subject site, the failure of slopes and the mass movement
of earth and danger to the natural environment, man-made structures
and the safety of persons.
(3)
Steep slopes, including vegetation and rock outcroppings
located thereon, are important environmental features that contribute
significantly to the visual impression one forms while traveling through
the City. Overdevelopment of or improperly managed disturbance to
these steep slopes is detrimental to the visual character of the City.
(4)
Regulation can allow the reasonable use of private
property by encouraging flexible development design to avoid disturbance
of steep slopes. Regulation can also permit environmentally sound
disturbance of steep slopes conducted in accordance with acceptable
engineering practices. Regulation can reduce the potential for adverse
effects on adjoining and surrounding properties.
(5)
To minimize the potential adverse impacts of development
on steep slopes, the City should seek the preservation of such areas
by the use of flexible site design, including the use of cluster development
through the application of § 37 of the New York State General
City Law, the establishment of conservation easements and other land
preservation techniques.
(6)
These regulations are enacted with the intent of providing
a reasonable balance between the rights of the individual property
owners and the public interest in preserving the valuable functions
of steep slopes.
A.
For the purpose of this chapter, certain words and
terms used herein are defined as follows.
B.
ANGLE OF REPOSE
APPLICANT
APPROVAL AUTHORITY
BUILDING INSPECTOR
CITY
CITY ENGINEER
COMMON COUNCIL
DISTURBANCE
DISTURBED AREA
EXCAVATION
FILL
GRADING
MATERIAL
PERSON
PLANNING COMMISSION
PROJECT
STATE ENVIRONMENTAL QUALITY REVIEW ACT
STEEP SLOPE
(1)
(a)
(b)
(c)
(2)
STEEP SLOPE AREA
STEEP SLOPE WORK APPROVAL
STEEP SLOPE WORK PERMIT
STRUCTURE (also BUILDING)
(1)
(2)
(3)
(4)
(5)
(6)
All words used in the present tense include the future
tense; all words in the plural number include the singular number;
and all words in the singular number include the plural number, unless
the natural construction of the wording indicated otherwise. The word
"lot" includes the word "plat"; the word "building" includes the word
"structure"; and the word "shall" is mandatory and not directory.
The word "use" is deemed also to include "designed, intended, or arranged
to be used." Unless otherwise specified, all distances shall be measured
horizontally.
The greatest angle at which the exposed face of various soil
and rock materials can deviate from the horizontal without incurring
the likelihood of a slope failure.
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the City of Peekskill and its governmental agencies, who requests
the approval authority to approve disturbance to a steep slope, or
to whom a steep slope approval or a steep slope work permit has been
granted under the provisions of this chapter.
The City agency(s) or public official empowered to administer the permit procedures of this chapter pursuant to § 488-7 of this chapter.
The Building Inspector of the City of Peekskill.
The City of Peekskill.
The Engineer for the City of Peekskill.
The Common Council of the City of Peekskill.
The removal of vegetation, or the filling, excavation, regrading
or removal of soil, rock or retaining structures in areas of steep
slope, whether by manual labor, machine or explosive. The condition
of disturbance will be deemed to continue until the area of disturbance
is revegetated and/or permanently stabilized.
Any steep slope area for which a disturbance is proposed
or is ongoing.
Any work which removes or significantly disturbs rock, gravel,
sand, soil, or other natural deposits.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
Adjusting the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
All liquid, solid or gaseous substances.
Any person, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including
public agencies and municipal corporations.
The Planning Commission of the City of Peekskill.
Any proposed or ongoing action that may result in direct
or indirect physical impact on a steep slope, including, but not limited
to, any regulated work.
The law, pursuant to Article 8 of the New York Environmental
Conservation Law, providing for the environmental review of actions.
Any geographical area, whether on a single lot or lots, or
a portion of a lot having an existing topographical gradient of 15%
or greater (ratio of vertical distance to horizontal distance) with
a minimum area of 100 square feet.
Steep slopes are further categorized as:
MODERATELY STEEP SLOPEA slope equal to or greater than 15% but less than 25%.
VERY STEEP SLOPEA slope equal to or greater than 25% but less than 35%.
EXTREMELY STEEP SLOPEA slope equal to or greater than 35%.
The most steeply sloped area within a project
area shall determine approval authority jurisdiction and review procedures.
Any portion of a project site with an area of 100 square
feet or more containing a steep slope.
The written form of authorization granted by the approval
authority and required by this chapter prior to the issuance of a
steep slope work permit by the Building Inspector and commencement
of work within a steep slope area.
The written form of permit to commence work within a steep
slope area issued by the Building Inspector.
A structure wholly or partially enclosed within exterior
walls or within exterior and party walls, and a roof affording shelter
to persons, animals or property. The term "building" shall include
the term "structure" as well as the following:
Signs and billboards.
Fences over four feet in height.
Walls, other than retaining walls, more than
three feet high.
Radio and television antennas, except for such
antennas installed on the roof of a building and extending not more
than 15 feet above the highest level of the roof of such building.
Pergolas, porches, attached decks and other
similar structures.
Satellite dish antennas.
The applicant shall be responsible for having
the boundaries of the steep slope area determined by field investigation,
flagging and subsequent survey by a licensed land surveyor. The approval
authority may also consult, at the expense of the applicant, and/or
may also require the applicant to consult with a landscape architect,
architect, professional engineer, geologist, soil scientist or other
experts and professionals as deemed necessary to make this determination.
The provisions of this chapter shall apply to all lands defined and/or designated as an area containing steep slopes as determined in accordance with § 488-3.
