[HISTORY: Adopted by the Town Board of the Town of Harrison 2-9-2006
by L. L.No. 3-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 103.
Environmental quality review — See Ch. 126.
Erosion and sediment control — See Ch. 130.
Excavations and soil removal — See Ch. 133.
Fees — See Ch. 137.
Filling and grading — See Ch. 139.
Flood damage prevention — See Ch. 146.
Freshwater wetlands — See Ch. 149.
Subdivision of land — See Ch. 204.
Zoning — See Ch. 235.
This chapter shall be known as the Town of Harrison Steep Slope Protection
Law.
For the purpose of preventing erosion and sedimentation, including loss
of topsoil, preventing habitat disturbance, water quality degradation, slope
failure and flooding; minimizing stormwater runoff and flooding; providing
stable and safe building sites; preventing landslides and soil instability;
protecting the quantity and quality of the Town's surface and groundwater
resources; protecting important scenic views and vistas; preserving prominent
land forms of scenic and ecological value; preserving rock outcrops and trees,
areas of vegetation and wildlife habitat; encouraging flexible design and
minimizing the area of land disturbance related to site development and, when
disturbance is necessary, ensuring environmentally sound disturbance; and
ensuring and protecting the Town's character and property values, it
is the intent of this chapter to minimize disturbance on steep slopes and
very steep slopes and to avoid disturbance and construction activities on
excessive slopes. Further, it is the intent of this chapter to minimize the
development of hilltops and ridgelines wherever possible. It is the intent
of this chapter to ensure preservation wherever possible and careful review
and regulation, including stringent mitigation measures, of disturbance of
soil and vegetation on steep slopes where they have been disturbed. The proponent
of any activity proposed for hilltops, ridgelines, or steep slopes shall demonstrate
that the impacts on the functions and essential characteristics of such areas
can be effectively minimized.
As used in this chapter, the following terms shall have the meanings
indicated:
The municipal or administrative board, public official or public
employee empowered to grant or deny permits under this chapter, to require
the posting of bonds as necessary and to revoke or suspend a permit where
lack of compliance to the permit is established.
Land maintenance involving tree trimming and pruning; the removal
of dead and diseased vegetation; care of an established lawn or garden: and
the planting of decorative trees, shrubs, and plants.
Removal of vegetation, excavation or fill or any combination thereof,
including the conditions resulting from any excavation or fill.
A condition creating imminent danger to public safety.
Any act by which earth, sand, gravel, rock or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced or spread.
See "slope."
Any act by which earth, sand, gravel, rock or another material is
deposited, placed, replaced, dumped, transported or moved to a new location.
A roughly circular area defined by a radius of 75 feet from the highest
point of a hill or rise of land.
An area 75 feet downslope to either side of the center line of ridge.
Portion of bedrock visible above the surface of topsoil, including
ledges and cliffs.
Any area, whether or not located on a single lot, having a topographical
gradient of 15% (the ratio of vertical distance to horizontal distance) or
more and with a minimum area of 500 square feet, one dimension of which is
a minimum of 10 feet. For purposes of this definition, area measurements must
be made along a horizontal plane from within the boundaries of a lot.
STEEP SLOPESlope with a topographical gradient equal to or greater than 15% out less than 25%.
VERY STEEP SLOPESlope with a topographical gradient equal to or greater than 25%, out less than 35%.
EXCESSIVELY STEEP SLOPESlope with a topographical gradient equal to or greater than 35%.
See "slope."
See "slope."
Disturbance of any slope without a permit is unlawful.
A.
Slope clearance form. Every application for any approval
involving land or structures, freshwater wetlands, or filling or grading issued
by the Building Department, Department of Public Works, Planning Board, Town
Board or Zoning Board of Appeals must include a completed slope clearance
form.
(1)
The slope clearance form shall request information from
the applicant so that, if completed in an accurate and responsive fashion,
the Town Engineer can properly determine:
(2)
The Town Engineer may require additional information
in order to make any determinations required to fulfill the intent of this
chapter.
B.
Clearance form review and approval authority.
(1)
Upon determination that the clearance form and any supplemental
information is adequate, the Town Engineer may determine that the application
is exempt under this chapter. In this case, the Town Engineer will forward
a notice to the appropriate Town agency advising it that no further consideration
of the application is required under this chapter.
(2)
The following applications will be reviewed under § 199-8 when the Town Engineer determines that the application involves the following:
(a)
Any very steep slope, or any excessively steep slope;
or
(b)
An approval by the Planning Board for any slope regulated
under this chapter: or
(c)
An action that would be classified as a Type 1 action
either under the rules and regulations promulgated pursuant to Article 8 of
the Environmental conservation Law or under local law; or
(d)
Property located in a critical environmental area.
If the slope clearance form discloses that the application involves
an approval by the Building Department or Department of Public Works, the
Building Inspector will notify the applicant that a Building Inspector slope
permit application must be filed with the Building Inspector's office.
A.
Building Inspector slope permit contents A Building Inspector
slope permit application must be made in writing on forms prescribed by the
Building Inspector and contain the following information:
(1)
Name and post office address of the owner and applicant;
(2)
Street address and tax map designation of property covered
by the application;
(3)
Statement of authority from the owner for any agent making
application;
(4)
Listing of names and addresses of property owners of
record, along with the address and tax map identification of properties adjacent
to and directly across the street from the property that is the subject of
this application;
(5)
Statement of proposed work and purpose thereof, and an
explanation why the proposed activity cannot be located at another site;
(6)
Three copies of complete plans, certified by an engineer,
land surveyor or landscape architect licensed in the State of New York, drawn
to a scale of not less than one inch equals 50 feet:
(7)
Location of proposed construction or area of disturbance
and its relationship to any property line, easement, building, structure,
road, wall, fence, sewage disposal system, well, wetland feature or tree exceeding
six inches in diameter measured at a height of four feet from the ground:
(8)
Estimated material quantities of excavation or fill and
number/species and size of trees to be removed;
(9)
Location and size of areas of soils by soil types in
the area of proposed disturbance and to a distance of 100 feet surrounding
the area of disturbance;
(10)
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;
(11)
Cross sections of steep slope areas;
(12)
Retaining walls or like constructions, with details of
construction;
(13)
Erosion and sedimentation control plan, including installation
details of proposed control measures, directive construction notations and
a schedule for the installation and maintenance of proposed control measures:
(14)
Other details, including specific reports by qualified
professionals on soils, geology and hydrology, and borings or test pits, as
may be determined to be necessary by the Town Engineer;
(15)
A list of all applicable county, state or federal permits
required for such work or improvements:
(16)
A completed long-form environmental assessment form;
and
(17)
An application fee in the amount set forth in this Chapter.
B.
Content waiver. With the exception of the requirements set forth in § 199-6A(4),(16), and (17), the Building Inspector may waive any information requirement contained in § 199-6A, with respect to an application for a Building Inspector slope permit, so long as a fully informed determination, in writing, consistent with the intent of this chapter, and can be made without the information.
C.
Review standards. In evaluating the permit application,
the Town Engineer shall ensure that:
(1)
The planning, design and development of buildings minimize
flooding and provide the maximum in structural safety, slope stability, and
human enjoyment while adapting the affected site to, and taking advantage
of, the best use of the natural terrain and aesthetic character;
(2)
The terracing of building sites is kept to a minimum;
(3)
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 Town of Harrison
and current engineering practices;
(4)
Habitat is quantified and protected, no endangered species
of flora of fauna are adversely impacted and any replanting shall be maintained
by the applicant for two years and shall consist of indigenous vegetation
that at a minimum replicates the original vegetation on the site, in kind;
(5)
The natural elevations and vegetative cover of ridgelines
are disturbed only if the crest of a ridge and the tree line at the ridge
remain uninterrupted. This will be accomplished either by positioning buildings
and areas of disturbance below a ridgeline or by positioning buildings and
areas of disturbance at a ridgeline so that the elevation of the roof line
of the building is no greater than the elevation of the natural tree line,
so long as no more than 100 feet along the ridgeline, to a width of 100 feet
generally centered on the ridgeline, is disturbed;
(6)
Any regrading blends in with the natural contours and
undulations of the land;
(7)
Cuts and fills are rounded off to eliminate sharp angles
at the top, bottom, and sides of regraded slopes;
(8)
The angle of cut and fill slopes does not exceed a slope
of one vertical to two horizontal except where retaining walls, structural
stabilization, or other methods acceptable to the Town Inspector are used;
(9)
Tops and bottoms of cut and fill slopes are set back
from structures an adequate distance to ensure the safety of the structures
in the event of the collapse of the cut or fill slopes. Generally, such distance
is six feet plus 1/2 the height of the cut or fill;
(10)
Disturbance of rock outcrops is by means of explosive
only if labor and machines are not effective and only if rock blasting is
conducted in accordance with all applicable regulations of the Town of Harrison
and the State of New York. The rock shall be effectively stabilized;
(11)
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 from
December 15 through April 15;
(12)
Disturbance of existing vegetative ground cover does
not take place more than 15 days prior to grading and construction;
(13)
Temporary soil stabilization, including, if appropriate,
temporary stabilization measures such as netting or mulching to secure soil
during the grow-in period, is applied to an area of disturbance within two
days of establishing the final grade, and permanent stabilization is applied
within 15 days of establishing the final grade;
(14)
Soil stabilization is applied within two days of disturbance
if the final grade is not expected to be established within 60 days;
(15)
Measures for the control of erosion and sedimentation
are undertaken consistent with the Westchester County Soil and Water Conservation
District's "Best Management Practices Manual for Erosion and Sediment
Control," and New York State Department of Environmental Conservation "Guidelines
for Urban Erosion and Sediment Control," as amended, or its equivalent satisfactory
to the Planning Board;
(16)
All proposed disturbance of slopes is undertaken with
consideration of the soils limitations characteristics contained in the latest
Identification Legend, Westchester County Soils Survey, as prepared by the
Westchester County Soil and Water Conservation District, in terms of recognition
of limitation of soils on slopes for development and application of all mitigating
measures, and as deemed necessary by the Town Engineer;
(17)
Topsoil is removed from all areas of disturbance, stockpiled
and stabilized in a manner to minimize erosion and sedimentation, and replaced
elsewhere on the site at the time of final grading;
(18)
Topsoil stockpiling is not permitted or slopes of greater
than 10%;
(19)
Fill material is no less granular than the soil upon
which it is placed, and no organic material or rock with a size that will
not allow appropriate compaction or cover by topsoil can be used as fill material;
(20)
Compaction of fill materials in fill areas is such to
ensure support of proposed structures and stabilization for intended uses;
(21)
Structures are designed to fit into the hillside rather
than altering the hillside to fit the structure, employing methods such as
reduced footprint design, step down structures, stilt houses, and minimization
of grading outside the building footprint;
(22)
Development is sited on that portion of the site least
likely to impact the natural landforms, geological features, and vegetation;
(23)
The applicant has provided landscaping plans for after
development;
(25)
The construction equipment has adequate access as not
to disturb anything outside the approved construction envelope; and
(26)
At the discretion of the Town Engineer, a construction
safety plan may be required.
D.
Issuance of permit. Upon review of a completed application, the Building Inspector may issue a permit upon finding that the application meets with the review standards set forth in § 199-6C and further finds that the proposed activity:
(1)
Is in accordance with the legislative findings of this
chapter;
(3)
Will not result in creep, sudden slope failure, rock
failure or additional erosion;
(4)
Has no reasonably feasible on-site alternative, after
consideration of reduction in density, change in use, revision of road or
lot layout, revision in the location of buildings, structures, driveways,
other site construction or land-altering activities or related site planning
considerations that could otherwise reasonably accomplish the applicant's
objectives.
(5)
Has no reasonably feasible alternative on another site
or site location that is not affected by a slope;
(6)
Will preserve and protect existing wetlands, watercourses, and adjacent areas, as defined in Chapter 149;
(7)
Will not adversely affect existing or proposed wells
or sewage disposal systems;
(8)
Is the best alternative, after consideration of an area
not presently owned by the applicant that could reasonably be obtained, utilized,
expanded or managed in order to fulfill the basic purpose of the proposed
activity, if it is otherwise a practicable alternative;
(9)
Will not adversely affect any endangered species of flora
or fauna;
(10)
Is compatible with the public health and welfare; and
(11)
Will not allow for work to be done in anticipation of
construction, including excavation and tree removal.
E.
Denial of permit. The Town Engineer must deny a permit
if:
(1)
The applicant has not demonstrated that all reasonable
alternatives have been explored: and that
(2)
The proposed activity may threaten public health, safety
or welfare, cause fraud, nuisances, impair public rights to the enjoyment
and use of public lands and waters, threaten a special concern, rare or endangered
plant or animal species, violate pollution control standards, or violate any
other Town, state, or federal regulations or laws.
F.
Permit conditions. Any permit issued pursuant to this
chapter may be issued with conditions. Such conditions as the Building Inspector
deems necessary to comply with the provisions of this chapter may be attached
to the permit.
(1)
Every permit must be in writing and contain the following
conditions:
(a)
Work conducted under a permit must be open to inspection
at any time, including weekends and holidays, by the Building Inspector, or
any designated representative;
(b)
The permit will expire on a specified date and, unless
otherwise indicated, the permit will be valid for one year.
(c)
The permit holder shall notify the Building Inspector,
in writing, of the date on which the regulated activity is to begin, at least
five days in advance of such date.
(d)
The applicant shall maintain a copy of the written permit
with conditions and the approved plans on site while the regulated activities
authorized by the permit are being undertaken.
(e)
The applicant shall stake and appropriately mark the
boundaries of the regulated activity and slope area so as to be clearly visible
to those at the project site.
(f)
Mitigation measures must be enumerated as conditions
of the written permit.
(g)
An appropriate bond or letter of credit shall be required.
(2)
The Building Inspector shall set forth in writing all
conditions attached to any permit and maintain this record along with all
other documents relating to the permit application. These conditions may include,
but are not limited to:
(a)
Limitations on lot size for any activity;
(b)
Limitations on the total portion of any site that may
be cleared, regraded, filled, drained, excavated or otherwise modified;
(c)
Modification of waste disposal and water supply facilities;
(d)
Imposition of operation controls, sureties, and deed
restrictions concerning future use and subdivision of lands such as preservation
of undeveloped areas in open space use, and limitation of vegetation removal;
(e)
Dedication of easements and development restriction areas
to protect slope areas;
(f)
Erosion control measures;
(g)
Setbacks for structures, fill, excavation, deposit of
spoil, and other activities from the slope or slopes;
(h)
Modifications in project design to ensure continued ground
and surface water supply to the slope area; and
(i)
Replanting of slope area vegetation.
(3)
All permits will expire on completion of the acts specified.
A 180-day extension of an original permit may be granted upon written request
to the Building Inspector by the original permit holder or authorized representative
at least 90 days prior to the expiration date of the original permit. The
request for extension of a permit, or other approval, as the case may be,
must follow the same form and procedure as the original application. If the
approval authority is the Planning Board, it need not hold a hearing if the
scope of work, magnitude of site disturbance, extent of mitigation or original
intent of the permit is not altered or extended in any significant way.
G.
Letters of credit. The Building Inspector may require
that, prior to commencement of work under any permit issued pursuant to this
chapter, the applicant post a bond or provide a letter of credit in an amount
and with surety and conditions sufficient to secure compliance with the conditions
and limitations set forth in the permit. The particular amount and the conditions
of the bond or letter of credit must be consistent with the purposes of this
chapter. The bond or letter of credit must remain in effect until the Building
Inspector or a designated agent certifies that the work has been completed
in compliance with the terms of the permit and that it is structurally sound
and the bond and/or letter of credit is released by the Building Inspector
or a substitute bond is provided. In the event of a breach of any condition
of any such bond or letter of credit, the Building Inspector may institute
an action in the courts and prosecute the same to judgment and execution.
The Building Inspector must set forth in writing the findings and reasons
for imposing a bond or letter of credit and maintain this record along with
all other documents relating to the permit application.
H.
Suspension or revocation of permit. The Building Inspector
may suspend or revoke a permit and issue a stop-work order upon a finding
that the applicant has not complied with any or all of the terms of such permit,
has exceeded the authority granted in the permit, has failed to undertake
the project in the manner set forth in the approved application or has provided
information, in whole or in part, which subsequently proves to be false, deceptive,
incomplete or inaccurate. The Building Inspector must set forth in writing
the findings and reasons for revoking or suspending a permit pursuant to this
section and maintain this record along with all other documents relating to
the permit application
A.
Permit determination. If the application is denied, the
Building Inspector will send written notice advising the applicant of the
denial, and the right of appeal.
B.
Filing of appeal. The applicant or any aggrieved person
may file, within 30 days of the date of the Building Inspector's determination,
an appeal with the Zoning Board of Appeals. The appeal must be in writing
and state the grounds upon which the appellant believes the appeal should
be granted.
D.
The Zoning Board of Appeals shall hold a hearing. To evaluate the merits of the application, the Zoning Board of Appeals must employ the standards set forth in §§ 199 6D and 199-6E. The Zoning Board of Appeals granting of any proposal to disturb any slope must comply with the conditions set forth in § 199-6G. The Zoning Board of Appeals may impose conditions set forth in § 199-6H. In applying those provisions, the Zoning Board of Appeals will substitute the term "Zoning Board of Appeals" for the term "Building Inspector."
A.
Planning Board review. The Planning Board is the approval authority for all applications specified in § 199-5B(2).
B.
Procedure.
(1)
Referral from Building Inspector. Upon the Building Inspector's
determination that the Planning Board is the approval authority for an application,
the application will be forwarded to the Planning Board for its consideration
consistent with this chapter.
(2)
The Planning Board record must consist of a slope clearance form and the application requirements for a Building Inspector slope permit, as set forth in § 199-6A, except that:
(a)
The following provisions shall be substituted for § 199-6A(4): Listing of names and addresses of property owners of record, along with the address and tax map identification of properties within 500 feet of the property that is subject of this application; and
(b)
The term "Planning Board" shall be substituted for the term "Building Inspector" contained in § 199-6A(14).
(4)
The Planning Board shall conduct a hearing. The hearing
under this chapter may be conducted concurrently with other hearings for the
application.
(5)
Burden of proof. At the hearing the applicant has the
burden of proof and has the burden of demonstrating that the proposed activity
will be in accord with the findings and legislative intent of this chapter.
(6)
In evaluating the slope disturbance application, the Planning Board must employ the standards set forth in §§ 199-6D and 199-6E. The Planning Board's granting of any proposal to disturb any slope must comply with the conditions set forth in § 199-6G. The Planning Board may impose conditions set forth in § 199-6H. In applying those provisions, the Planning Board must substitute the term "Planning Board" for the term "Building Inspector."
(7)
Suspension or revocation of permit or slope disturbance
authorization. The Planning Board may suspend or revoke its approval or its
permit and direct the Building Inspector to issue a stop-work order if it
finds that the applicant or permittee has not complied with any or all of
the terms of such permit, has exceeded the authority granted in the permit,
has failed to undertake the project in the manner set forth in the approved
application or has provided information, in whole or in part, which subsequently
proves to be false, deceptive, incomplete or inaccurate. The Planning Board
shall set forth in writing its findings and reasons for revoking or suspending
a permit pursuant to this section and maintain these records in a file available
for public inspection.
C.
Completion of work.
(1)
Following completion of the work for which a permit was
issued, the applicant shall submit a certification by an engineer, licensed
by the State of New York, that the completed work meets the requirements of
the permit. The Building Inspector shall require an as-built survey from the
applicant. Upon receipt of the certification and the survey, if needed, the
Building Inspector will verify that the work has been completed in accordance
with the permit.
(2)
Where the activity subject to this chapter also involves
a building permit, the Building Inspector shall not issue a certificate of
occupancy or a temporary certificate of occupancy until all work has been
completed in accordance with the permit.
A.
Any aggrieved person may apply to the Zoning Board of Appeals for a variance from this chapter. Such request may be granted only if the applicant establishes "unnecessary hardship" as defined in § 235-61 or there is a compelling public need for development of the parcel in question based upon one of the following;
(1)
The proposed development will serve an essential health
or safety need of the municipality such that the public benefits from the
proposed use override the importance of the protection of the slope area as
established in this chapter; that the proposed use is required to serve existing
needs of the residents; and, that no feasible alternatives exist outside the
slope area to meet such established public need; or
(2)
The proposed development constitutes an adaptive reuse
of an historic resource and said reuse is necessary to ensure the integrity
and continued protection of the designated historic resource.
B.
Additional findings required. An application for a variance
to permit development on or near a slope area may be approved only if the
Zoning Board of Appeals specifically finds that:
(1)
The proposed development will not be materially detrimental
or injurious to other properties or improvements in the area in which the
subject property is located, increase the danger of fire or flood, endanger
public safety or result in substantial impairment of a slope area;
(2)
The waiver will not be inconsistent with the purposes,
objectives or the general spirit and intent of this chapter; and
(3)
The variance is the minimum relief necessary to relieve
the extraordinary hardship established by the applicant.
C.
A variance granted under the provisions of this section
does not constitute an approval of the entire development proposal nor does
it constitute a variance of any other requirements contained within any other
applicable local, county or state laws or ordinances or regulations.
The provisions of this chapter do not apply to any development, alteration,
or improvement of property for which final approval has been obtained and
has not expired, and the approved work is not completed prior to the effective
date of this chapter. As used in this section, the term "final approval" means:
A.
In the case of the subdivision of land, preliminary or
final approval of a subdivision plat as the term is defined in New York Town
Law § 276.
B.
In the case of site plan approval not involving the subdivision
of land, adoption by the Planning Board, or Town Board, as the case may be,
of a resolution granting approval.
C.
In the case of such permits, the actual commencement,
alteration or improvement of property.
The following activities are exempt from application of this chapter:
If an applicant, its agent, representative, or anyone acting on behalf of the applicant makes any false or misleading statement or presents any false or misleading information in connection with an approval sought under this chapter, the approval granted under this chapter will be null and void. Any activity conducted with an invalidated approval will be subject to the penalties contained in § 199-13.
A.
Civil sanctions.
(1)
Any person found violating any provision of this chapter
or conditions duly imposed pursuant thereto will be served with a written
notice stating the nature of the violation and providing a specified time
within which the violator shall immediately terminate the proscribed conduct
and take satisfactory corrective action.
(2)
Any person who is found to have violated, disobeyed or
disregarded any provision of this chapter will be liable to the Town for a
civil penalty not to exceed $10,000 for every such violation, to be assessed
by the Town Court, after a hearing or opportunity to be heard before the Town
Court.
(3)
The Town Court, in addition to any other power it may
possess, has the power, following a hearing, to direct the violator to immediately
terminate any conduct proscribed under this chapter and satisfactorily restore
the affected area to its condition prior to the violation or otherwise complete
the terms and conditions of the permit. The Town Court may order the use of
all or part of any performance bonds to complete, restore or otherwise improve
the affected area.
B.
Criminal sanctions.
(1)
Any person found violating any provision of this chapter
or conditions duly imposed pursuant thereto will, for the first offense, be
guilty of a violation punishable by a fine of not less than $500 nor more
than $1,000.
(2)
For a second and each subsequent offense, such person
will be guilty of a misdemeanor punishable by a fine of not less than $1,000
nor more than $2,000 or a term of imprisonment of no more than six months,
or both.
(3)
Each offense is a separate and distinct offense and,
in the case of a continuing offense, each day's continuance thereof must
be deemed a separate and distinct offense.
(4)
The Town Attorney shall prosecute any person alleged
to have violated the provisions of this chapter and shall seek equitable relief
to restrain any violation or threatened violation of its provisions.
All permit application, review or monitoring fees and escrow deposits
will be in an amount set forth below.
A.
The application fee and inspection fee for a steep slope permit shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
[Amended 2-21-2007 by L.L. No. 1-2007]
B.
In addition to the fees required in Subsection A of this section, the authorized official shall adjust the fees sufficiently to reimburse the town for the cost of professional consultation fees and other expenditures attributable to the application for a permit. The authorized official may establish an escrow account funded by the applicant before authorizing the performance of consulting services regarding the application.
