The Town Board of the Town of New Castle finds
and declares it to be the public policy of the Town to 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 adjoining property by preventing surface erosion,
creep and sudden slope failure. In this connection, the Town Board
finds as follows:
A.Â
Protection of steep slopes is a matter of concern
to the entire town. The establishment of regulatory and conservation
practices to prevent disturbance of steep slopes is needed to protect
the public health, safety and general welfare. Experience has demonstrated
a need for effective protection of steep slopes, including careful
review and regulation and the implementation of stringent mitigation
measures where, in the opinion of the approving authority, no practicable
alternative to such disturbance exists. However, in all cases where
the approving authority determines that total avoidance of steep slopes
is not practicable, such disturbance should constitute the minimum
disturbance necessary to ensure the property owner a reasonable use
of his property.
B.Â
The improperly managed disturbance of steep slopes
can aggravate erosion and sedimentation beyond rates experienced in
natural geomorphological 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, alteration of drainage patterns, the gullying of
land, obstruction of drainage structures and intensification of flooding
both on and off the subject site.
C.Â
The inadequately controlled disturbance of steep slopes
can lead to the failure of slopes and the mass movement of earth;
danger to the natural environment, man-made structures and the safety
of persons; and the degradation of aesthetics.
D.Â
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
New Castle. Areas that are highly visible from the roadways are particularly
important in maintaining the town's semirural character. Overdevelopment
of or improperly managed disturbance to these areas are detrimental
to the visual character of the town.
E.Â
Regulation of disturbance to steep slopes is consistent
with the legitimate interests of landowners to make reasonable use
of their land. Regulation can prohibit the degradation of these important
environmental features and allow the reasonable use of private property
by encouraging flexible development design so as to avoid disturbance
of steep slopes. Regulation can also permit environmentally sound
disturbance of steep slopes conducted in accordance with acceptable
engineering practices to permit reasonable use of private property.
F.Â
To mitigate the potential adverse impacts of development
on steep slopes, the approving authority should seek the permanent
preservation of such areas by such means as the use of imaginative
and innovative site design, including the application of § 281
of the New York State Town Law,[1] and the establishment of conservation easements and other
land preservation techniques.
[1]
Editor's Note: Said section was renumbered
as § 278 of the Town Law.
As used in this chapter, the following terms
shall have the meanings indicated:
The maximum 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.
A person requesting a steep slope permit from the Town or
a person to whom a steep slope permit has been granted in accordance
with the provisions of this chapter.
The Town agency or public official empowered to administer the permit procedures of this chapter, as specified in § 108-5 hereof.
The Building Inspector of the Town of New Castle, New York,
or his authorized representative.
The removal of vegetation, except as specifically permitted in § 108-3B herein, 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 person, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including
public agencies and municipal corporations.
The Planning Board of the Town of New Castle, New York.
Any geographical area proposed for disturbance,
whether on a single lot or not, having a topographical gradient of
15% or greater (ratio of vertical distance to horizontal distance),
with a minimum horizontal dimension of 10 feet, and a minimum area
as defined below, whether man-made or natural, and whether created
by a retaining structure or not. Steep slopes are further categorized
as:
MODERATELY STEEP SLOPEA slope equal to or greater than 15% but less than 25% and covering a minimum horizontal area of 3/10 of an acre or 13,068 square feet.
VERY STEEP SLOPEA slope equal to or greater than 25% but less than 35% and covering a minimum horizontal area of 2/10 of an acre or 8,712 square feet.
EXTREMELY STEEP SLOPEA slope equal to or greater than 35% and covering a minimum horizontal area of 1/10 of an acre or 4,356 square feet.
The most steeply sloped area that meets the
minimum area threshold, as specified above, shall determine approving
authority jurisdiction and review procedures.
If the areas of proposed disturbance within
each of the three categories of steep slope are individually less
than the minimum areas defined above, then the area of all contiguous
steeply sloped areas proposed for disturbance shall be merged as specified
herein. A steep slope area shall be regulated pursuant to the provisions
of this chapter if the total of all such steeply sloped areas proposed
for disturbance, as adjusted according to the weighting factors identified
below, exceeds a sum of 3/10 of an acre or 13,068 square feet.
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Moderately steep slope area X 1.0
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+
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Very steep slope area X 1.5
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+
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Extremely steep slope area X 3.0
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=
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Total weighted area
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If no category of steep slope meets or exceeds
the minimum area requirement for a steep slope, but the total weighted
area of two or more slope categories exceeds 13,068 square feet (3/10
acre), then the single slope category that has the largest area after
the application of the relevant weighting factor shall determine approving
authority jurisdiction and review procedures. All area measurements
of square feet shall be to the nearest whole number.
The written form of Town approval granted by the approving
authority and required by this chapter for the issuance of a work
permit and the conduct of any steep slope regulated activity.
The duly appointed counsel of the Town of New Castle, New
York.
The duly appointed Town Engineer of the Town of New Castle,
New York, or his duly appointed and authorized representative.
The written approval issued by the Building Inspector permitting
the actual commencement and continuation of work within a steep slope
regulated area, consistent with the conditions, terms and requirements
of the steep slope permit issued by the approving authority.
