The Code Enforcement Officer is hereby designated to administer
and implement this chapter by approving, approving with conditions
or denying an application for a steep slope permit.
An application shall be made in writing to the Code Enforcement
Officer and shall include, but is not limited to, the three collated
copies of following information:
A.
A completed application form that is signed by the owner.
B.
A written narrative explaining the nature of the proposal, including
phasing, time frames, any future development proposals and whether
alternative locations exist for the proposed activity.
C.
A site plan at a scale of not less than one inch equals 30 feet shall
be prepared, signed and sealed by a certified professional or a licensed
land surveyor, showing the parcel(s) containing the steep slopes,
which illustrates the following:
(1)
All existing and proposed natural or artificial drainage courses;
(2)
The location of the proposed area of disturbance and its relationship
to any property line, easement, building, structure, road, driveway,
wall, fence, sewage disposal system, well or wetland feature;
(3)
Existing and proposed contours (National Geodetic Vertical Datum)
at two-foot intervals in the area of proposed disturbance and to a
distance of 100 feet beyond; and
(4)
The location of any affected state and federal wetlands within 100
feet of the boundaries of the area of disturbance.
D.
An erosion control plan shall be prepared, signed and sealed by a
certified professional that describes the proposed area of disturbance,
temporary and permanent erosion control measures that is consistent
with technical standards including, but not limited to, the New York
State Standards and Specifications for Erosion and Sediment Control,
most current version or its successor.
E.
If mandated by New York State Phase II stormwater regulations, a
stormwater management plan prepared, signed and sealed by a certified
professional that contains provisions to control erosion and sedimentation
and reduce the impacts of stormwater; stormwater infiltration and
runoff from the site based on the technical standards including, but
not limited to, the New York State Stormwater Management Design Manual,
most current version or its successor.
F.
Any special reports deemed necessary by the Code Enforcement Officer
to evaluate the application, including, but not limited to, geologic
or hydrologic studies or capacity evaluation.
The Code Enforcement Officer shall refer the application to
professional consultants who will then assist the Code Enforcement
Officer in analyzing the project to ensure compliance with all relevant
laws. Such assistance may include, but not be limited to, analyzing
an application, monitoring or inspecting a project or site for compliance
with applicable regulations, or inspecting a project during construction
or implementation.
A.
Report. A written report shall be prepared by the professional consultant
and contain a recommendation of any deficiencies. Such report shall
be rendered to the Code Enforcement Officer within 90 days of the
referral date or within such other period of time as may be specified
by the professional consultant(s).
In evaluating the application, the Code Enforcement Officer
shall ensure that:
A.
The proposed activity is in accordance with the legislative intent
and purpose stated in this chapter;
B.
Private roads and driveways follow the natural topography to the
greatest extent possible in order to minimize the potential for erosion,
and they are consistent with other applicable regulations of the authority
having jurisdiction and current engineering practices;
C.
Disturbance of rock outcrops is by means of explosive only if labor
and mechanical methods are not effective as determined by the Town
and only if rock blasting is conducted in accordance with all applicable
regulations of the State of New York;
D.
Disturbance of slopes is undertaken in workable units in which the
disturbance can be completed and stabilized in one construction season
so that areas are not left bare and exposed during the period of November
1 through April 1;
E.
The proposed activity will not adversely affect existing or proposed
drainage structures, wells or sewage disposal systems;
F.
The proposed activity will preserve and protect existing lakes, floodplains,
wetlands, and watercourses; and
G.
The proposed activity will not adversely affect any public roads
and adjacent properties.
A.
The Code Enforcement Officer shall issue a steep slope permit upon
payment of all applicable fees and incurred costs, and after obtaining
a written report from the professional consultant(s) recommending
approving or approving with conditions an application for such permit.
The Code Enforcement Officer has the authority to impose reasonable
conditions and restrictions as are directly related to and incidental
to the application as well as being consistent with the regulations
of this chapter.
B.
Unless otherwise indicated, the steep slope permit shall be valid
for a period of one year from the date of issuance. The Code Enforcement
Officer may grant only a six-month extension of this period.
The Code Enforcement Officer shall deny an application for a
steep slope permit when such action is recommended in a written report
from the professional consultant(s). Such report shall explain the
reasons for denying such application and a copy shall be provided
to the owner.
Upon the completion of work for which a steep slope permit has
been issued in accordance with this chapter, the owner shall obtain
a Certificate of Compliance from the Code Enforcement Officer. No
disturbance area shall be used or occupied until such certificate
is issued. A Certificate of Compliance shall only be issued after
a Certificate of Final Completion has been approved by the Code Enforcement
Officer and an inspection is conducted which:
A.
Indicates substantial completion of any work for which a Steep Slopes
Permit has been issued; and
B.
Reveals no uncorrected deficiency or material violation of this chapter,
the Code of the Town of Milo or the New York State Uniform Fire Prevention
and Building Code within the area of work for which the certificate
is to be issued.
