The approving authority for all applications
for steep slope permits shall be as follows:
A.
Required documentation. An application for a steep
slope permit shall be made on forms furnished by the Building Department
and also shall be submitted in an electronic file format.
[Amended 3-27-2012 by L.L. No. 1-2012]
B.
Any application for a steep slope permit shall also
contain the following:
(1)
A written narrative explaining the nature of the proposal,
including any future development proposals for the property and whether
alternative locations exist for the proposed activity.
(2)
A site plan, which shall be drawn at a scale of not
less than one inch equals 50 feet and prepared by a landscape architect,
architect, professional engineer or other qualified person and showing
the following information for all lots on the subject site that contain
steep slopes:
(a)
The location of proposed structures, septic
systems, wells and driveways.
(b)
The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads, and affected wetlands as defined in Chapter 137, Wetlands, or in Chapter 64, Environmental Protection Overlay Regulations if the property is located within an Environmental Protection Overlay District, of the Town Code, if any, within 50 feet of the boundaries of the disturbed area.
[Amended 7-23-2002 by L.L. No. 5-2002]
(c)
The existing topography in the proposed area
of disturbance at a contour interval of not more than two feet. Contours
shall be shown for a distance of 50 feet or greater beyond the limits
of the proposed area of disturbance.
(d)
The location and size of areas of extremely
steep slope, very steep slope and moderately steep slope under existing
and proposed conditions, in the area of proposed disturbance and within
a distance of 50 feet thereof.
(e)
The proposed final contours of the disturbed
area at a maximum contour interval of two feet and proposed surface
materials or treatment.
(f)
An erosion and sedimentation control plan.
(g)
The details of any surface or subsurface drainage
system proposed to be installed, including special erosion-control
measures designed to provide for proper surface or subsurface drainage,
both during the performance of the work and after its completion.
(3)
A list of all applicable county, state or federal
permits that are required for such work or improvement.
(4)
Payment of all applicable fees.
C.
The following information and materials shall be supplied
if requested by the approving authority or its representative:
(1)
If required, the following items shall be provided
on a site plan or site plans drawn at a scale of not less than one
inch equals 50 feet, prepared by a landscape architect, architect,
professional engineer or other qualified person:
(a)
Cross sections of all disturbed steep slope
areas.
(b)
Existing soils within 50 feet of the proposed
disturbed area, taken from field investigations by a soils scientist
and classified into hydrologic soil groups. The depth to bedrock and
depth to water table, K-factor and soil and rock strata in all areas
of disturbance shall be identified.
(c)
A cut-fill map delineating proposed areas of
disturbance at affected depths in feet of zero to three feet, three
to six feet, six to 10 feet and 10 feet and over and the estimated
material quantities of cut/fill.
(d)
A slope map showing existing and proposed slopes within the disturbed area for each of the soil types described in Subsection C(1)(b) above.
(e)
Other information, including specific reports
by qualified professionals on soils, geology and hydrology, as may
be determined to be necessary by the approving authority.
(2)
A plan with the existing topography of the watershed
tributary to the disturbed area presented at a scale of not more than
one inch equals 100 feet. This map shall show existing and, if required
by the approving authority, proposed controls and diversions of upland
water.
D.
Number of copies. Ten copies of the application and
all supporting materials shall be submitted if the Planning Board
is the approving authority. Four copies of the application and all
supporting materials shall be submitted if the Town Engineer is the
approving authority.
E.
A stormwater pollution prevention plan consistent with the requirements of Chapter 108A, Stormwater Management and Erosion and Sediment Control, shall be required for any steep slope permit approval that qualifies as or authorizes a land development activity as defined in Chapter 108A. The SWPPP shall meet the performance and design criteria and standards in Chapter 108A. The approved steep slope permit shall be consistent with the provisions of that chapter.
[Added 4-10-2007 by L.L. No. 3-2007]
[Amended 3-27-1996 by L.L. No. 2-1996; 9-10-2002 by L.L. No.
8-2002; 1-10-2006 by L.L. No. 1-2006; 4-14-2009 by L.L. No.
5-2009; 5-12-2020 by L.L. No. 6-2020]
An application fee and an inspection fee as set forth by resolution
of the Town Board in the Master Fee Schedule, which may be amended,
shall be submitted with the application.
A.
It is the intent of this chapter to incorporate the
consideration of steep slope protection into the town's existing land
use and development approval procedures in conjunction with the procedures
of the New York State Environmental Quality Review Act.[1] To the maximum extent possible, the review, hearings and
decisions upon any application processed under this chapter will run
concurrently with similar procedures that the approving authority
may undertake in connection with other applications that are directly
related.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law, § 8-0101 et seq.
B.
A preliminary informal consultation with the approving
authority may be requested by the applicant so as to present his preliminary
proposal and receive comments on such proposal.
C.
During its review of the application, the approving
authority will:
(1)
Determine when an application is complete.
(2)
Determine, in its discretion, whether the application
submitted should be referred to the Environmental Review Board for
review and report. Upon referral, the Environmental Review Board shall
report back to the approving authority within 30 days after the date
of referral or within such other period as may be specified by the
approving authority at the time of referral. Failure to comply within
the specified time period may be interpreted by the approving authority
as the Environmental Review Board's indication that it has no objection
to the application.
(4)
Review the application to determine that the requirements
of this chapter have been satisfied.
(5)
Require posting of a guaranty bond or other security
as a condition of approval to cover losses or damages resulting from
work performed under the permit, work performed in excess of that
specified by the permit or the failure to complete work specified
in the permit; the amount of such bond or other security to be recommended
by the Town Engineer and the form of such bond or other security to
be approved by the Town Counsel.
(6)
Approve, approve with conditions or deny the application, in accordance with the requirements of this chapter. within 60 days after the receipt of a complete application, as specified in § 108-6 of this chapter, or after the close of a public hearing on that application, whichever is later. Nothing in this section is to be construed as authorization for a default approval in the event that these periods are exceeded.
(7)
Establish conditions of approval deemed necessary by the approving authority to satisfy the goals, objectives and review standards set forth in §§ 108-1 and 108-4 of this chapter. including but not limited to the following:
(a)
Lot layouts shall be designed so that sanitary
sewage disposal systems entirely avoid areas of very steep slope and
extremely steep slope and are in compliance with all standards and
regulations of the Westchester County Health Department.
(b)
The padding or terracing of building sites,
including mounding of septic tile fields, shall be minimized to the
maximum extent practicable.
(c)
The alignment of roads and driveways shall follow
the natural topography, minimize regrading and comply with design
standards for maximum grades set forth in the Town Code.
(d)
The natural elevations and vegetative cover
of ridge lines shall be protected from disturbance to the maximum
extent possible.
(e)
All regrading shall blend in with the natural
contours and undulations of the land.
(f)
Cuts and fills shall be rounded off to eliminate
sharp angles at the top, bottom and side of regraded slopes.
(g)
The angle of cut and fill slopes shall not exceed
the natural angle of repose of the soil or rock materials in the cut
or fill, except where retaining walls or other structural stabilization
is used. Generally for soils, cut and fill slopes should be not steeper
than two horizontal to one vertical (50% slope).
(h)
Fill slopes shall avoid all natural slopes of
two horizontal to one vertical (50% slope) or steeper. The toe of
the fill slope shall not be located within 12 feet horizontally of
the top of an existing or proposed cut slope.
(i)
Tops and bottoms of cut and fill slopes shall
be set back from existing and proposed property lines a distance at
least equal to the lesser of three feet plus 1/5 of the height of
the cut or fill or 10 feet.
(j)
Tops and bottoms of cut and fill slopes shall
be set back from structures a distance that will ensure the safety
of the structure in the event of the collapse of the cut or fill slopes.
Generally, such distance will be considered to be six feet plus 1/5
the height of the cut or fill but need not exceed 10 feet. Nevertheless,
a structure may be built on a slope or at the toe of a slope if it
is designed to retain the slope and to withstand the forces exerted
on it by the retained slope.
(k)
The use of explosives shall be avoided to the
maximum extent practicable. Generally, disturbance of rock outcrops
shall be by means of explosives only if manual labor and machines
are not effective and only if rock blasting is conducted in accordance
with the Code of the Town of New Castle and all other applicable regulations
by a person holding a current Class A or Class B certificate of competence
from the New York State Department of Labor.
(l)
Any disturbance of steep slopes shall be completed
within one construction season, and disturbed areas shall not be left
bare and exposed during the winter and spring thaw periods.
(m)
The disturbance of existing vegetative ground
cover shall not take place more than 15 days prior to commencing grading
and construction.
(n)
Temporary soil stabilization shall be applied
to all areas of disturbance and all adjoining areas within 50 feet
thereof within two days after establishing of the final grade, and
permanent stabilization and revegetation shall be undertaken within
15 days thereafter. Upon good cause shown and based upon consideration
of the slopes, soils and environmental sensitivity of the area involved,
the Town Engineer may modify these specified time periods.
(o)
Temporary soil stabilization shall be applied
within two days after the disturbance is completed or when no additional
disturbance is to be performed for a period of seven days. Upon good
cause shown and based upon consideration of the slopes, soils and
environmental sensitivity of the area involved, the Town Engineer
may modify these specified time periods.
(p)
Measure for the control of erosion and sedimentation
shall be undertaken in accordance with the Westchester County Best
Management Practices Manual for Erosion and Sediment Control (1991),
as amended, or its equivalent satisfactory to the approving authority.
(q)
Topsoil that will be stripped from all areas
of disturbance shall be stockpiled in a manner so as to minimize erosion
and sedimentation, and shall be replaced on the site at the time of
final grading.
(r)
Fill material shall be composed only of nonorganic
material, including rock with a diameter that will allow for appropriate
compaction and cover by topsoil.
(s)
Compaction of fill materials in fill areas shall
be such that it ensures support of proposed structures and stabilization
for intended uses.
D.
Public hearings.
(1)
For any application in which the approving authority
is the Town Engineer, no public hearing will be required. For any
application where the Planning Board is the approving authority, the
Planning Board shall have the option of holding a public hearing,
except where disturbance to an extremely steep slope area is proposed,
a public hearing shall be required.
(2)
In all cases where a public hearing will be held on
the application for a steep slope permit, said public hearing will
be held no later than 60 days after the receipt of such complete application.
The approving authority will cause notice of such hearing to be published
in the town's official newspaper at least five days prior to the date
set for such hearing. All application materials, maps and documents
relating thereto shall be open for public inspection at the office
of the Town Building and Engineering Department. Nothing in this section
is to be construed as authorization for a default approval in the
event that these periods are exceeded.
E.
Any approval, conditional approval or denial of a
steep slope permit will be in writing. The written decision of the
approving authority shall be considered the steep slope permit.
A.
An applicant or any other aggrieved person may seek
a review of a determination by the Planning Board to grant or deny
a steep slope permit by the commencement of an action pursuant to
the provisions of Article 78 of the Civil Practice Law and Rules within
30 days of the filing of such a determination with the Town Clerk.
B.
In the case of an application decided by the Town
Engineer, the applicant or any other aggrieved person may seek a review
by appealing to the Planning Board, in which case the Planning Board
shall become the approving authority for such application. Such review
shall be requested not later than 20 days after the filing of the
subject decision by the approving authority. If such appeal is not
filed within said period, the determination of the Town Engineer shall
be final and binding.
A.
A steep slope permit, issued by the approving authority,
will be valid for a period of three years, except that all permits
shall expire on completion of the work specified. The approving authority
may grant one six-month extension to this three-year period, provided
that an application for an extension is submitted at least 60 days
before the expiration of the steep slope permit. Standards for the
issuance of renewals will be the same as those applied to the initial
issuance of steep slope permits. Permits, including all of their conditions,
shall be binding on successors and assignees of the applicant. Upon
receipt of a steep slope permit, the applicant may obtain a work permit
from the Building Inspector to commence the actual work within the
steep slope area. The work permit will be valid for a period of one
year or until expiration of the steep slope permit, whichever occurs
first.
B.
Following completion of the work, the applicant shall
submit a certification by a landscape architect, architect or professional
engineer that the completed work meets the requirements of the steep
slope permit. The Town Engineer will verify that the work has been
completed in accordance with such permit Submission of an as-built
survey may be required by the approving authority or the Town Engineer.
C.
The Building Inspector shall not issue a certificate
of occupancy or use until the Town Engineer has verified that all
work has been completed in accordance with the steep slope permit.
D.
Any proposed revision to work covered by a steep slope
permit shall be reviewed by the Town Engineer. Where the Town Engineer
determines that a substantial revision is proposed, the submission
of a new application to the approving authority shall be required.
E.
The approving authority may suspend or revoke a steep
slope permit in the form of a stop-work order if it finds that the
applicant has not complied with any or all of the terms of such permit,
has exceeded the authority granted in the steep slope permit or has
failed to undertake the project in the manner set forth in such steep
slope permit. The applicant will be provided with written notice of
said stop-work order as soon as reasonably practicable, but not later
than three days after issuance of said stop-work order. Said notice
shall be delivered personally or by certified mail addressed to the
applicant's address as shown on the steep slope permit. Such applicant
shall be entitled to a hearing before the approving authority. If
such a hearing is requested by the applicant in writing within five
days after the receipt of written notice of the stop-work order, such
hearing will be scheduled by the approving authority within 15 days
after receipt of the request for a hearing. After the close of the
hearing, the approving authority may confirm, modify or cancel the
stop-work order. The approving authority shall set forth in writing,
in the steep slope permit application file it keeps, its findings
and reasons for revoking or suspending a steep slope permit issued
pursuant to this section.
