A.
Regulated activities. It shall be unlawful to create a new steep slope area or to create any disturbance, other than an exempt activity as defined in § 108-3B hereof, on any existing or proposed steep slope in the absence of a steep slope permit issued by the approving authority and a work permit issued by the Building Inspector.
B.
Exempt activities. The following activities on steep
slopes do not require the issuance of a permit:
(1)
Normal ground maintenance, including moving, trimming
of vegetation and removal of dead or diseased vegetation, selective
trimming and pruning in previously landscaped areas and decorative
planting, provided that such activity does not involve regrading and
further provided that such activity conforms with all other applicable
ordinances, laws and regulations.
(2)
The disturbance to steep slopes under temporary emergency
conditions, as determined by the Town Engineer, where such disturbance
is necessary to protect persons or property from present and imminent
danger.
A.
In granting a steep slope permit under this chapter,
the approving authority shall determine the following:
(1)
That the proposed activity and the manner in which it is to be accomplished are in accordance with the purpose and findings set forth in § 108-1 of this chapter.
(2)
That the proposed activity and the manner in which
it is to be accomplished can be completed without increasing the possibility
of creep or sudden slope failure and will minimize additional erosion
to the maximum extent practicable.
(3)
That the proposed activity and the manner in which
it is to be accomplished will not adversely affect the preservation
and protection of existing wetlands, water bodies, watercourses and
floodplains.
(4)
That the proposed activity and the manner in which
it is to be accomplished can be completed in such a way so as not
to adversely affect existing, proposed or potential future wells or
sewage disposal systems or any endangered species of flora or fauna.
(5)
That the proposed activity and the manner in which
it is to be accomplished are consistent with the principles and recommendation
of the Town Development Plan adopted by the Planning Board.
B.
The applicant shall have the burden of proof to demonstrate
compliance with this chapter.
