[Added 10-21-2008 by L.L. No. 5-2008]
This article shall be known as the "Environmentally
Sensitive Sites or Features Law and Regulations."
A.
The Village Board of Trustees (hereinafter "Village
Board") recognizes that the entire Village of Piermont (hereinafter
sometimes referred to as "Village") has previously been declared a
critical environmental area by enactment of a local law codifying
said declaration into the Code of the Village of Piermont (hereinafter
"Piermont Code"). Consistent with the Village Board's previous finding
that the Village of Piermont is a critical environment area, the Village
Board further finds and determines that the Village's environmentally
sensitive sites and features, as defined herein, merit special protection
from potential adverse environmental impacts through the imposition
of appropriate land use controls to ensure that said features are
protected to the maximum extent.
B.
Protection of watercourses and waterfront areas in
Piermont is a matter of current and future concern to the entire Village
of Piermont. Piermont fronts on the Hudson River, a tidal body of
water that even at current sea levels periodically floods into sections
of the Village. The predicted, accelerating impact of global climate
change on sea level makes protection of watercourse edges imperative
in order to provide space for future flood protection amelioration
activity.
C.
Protection of floodways which drain stormwater from
upper topographic elevations and hillsides of the Village, and Clausland
Mountain to the Sparkill and the Hudson are not only a future concern
of the Village but a current one as well. Historically, runoff from
major storms has damaged property and Village infrastructure. The
increased frequency and severity of one-hundred-year rainstorms, and
even more extreme rainfall events, have added to the hazard of uncontrolled
runoff. Appropriate setbacks will provide for future improvements
to such features and reduce the potential for such events to cause
injury to persons and/or property.
D.
The Clausland Mountain ridgeline, including its topography
and vegetation, is an important landform that is a vital component
in creating the visual character and geographic identity of the Village
and the Hudson River Valley scenic region.
E.
Protection of steep slopes is a matter of concern
to the entire Village of Piermont. Once a steep slope is disturbed,
that disturbance is, for all practical purposes, irreversible. The
disturbance of steep slopes can increase stormwater volume and velocity,
aggravate erosion, and sedimentation beyond rates experienced in natural
geomorphologic processes. Erosion and sedimentation often include
the loss of topsoil, a valuable natural resource. It can result in
the disturbance of habitats, degradation of the quality of surface
water and wetlands, alteration of drainage patterns with unpredictable
results to the health and safety of Village residents. 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 the Village. Overdevelopment
of, or improperly managed disturbance to, these steep slopes is also
detrimental to the visual character of Piermont.
F.
Piermont's remaining undeveloped areas exhibit features,
such as slopes with gradients of 25% to 70%, which make the construction
of buildings, roads, utilities and sanitary systems difficult. Construction
on steep slope areas has greater potential to cause adverse impacts
and damage to nearby properties than development on flat or gently
inclined sites; and development on environmentally sensitive sites
or features establishes greater risk for postdevelopment impacts from
extreme storm events over the one-hundred-year planning standard.
Regulation can 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.
These regulations are intended to provide a reasonable balance between
the rights of the individual property owners and the public interest
in preserving the valuable functions of steep slopes.
G.
These environmentally sensitive sites or features are found by the Village Board to be in need of protective measures so that the negative impact of land use actions within these environmentally sensitive sites or features will be minimized or avoided. Such measures include the application of area or bulk zoning regulations that will prove to be more restrictive of development than the standard regulations listed for the individual zoning districts for properties that do not exhibit environmentally sensitive sites or features. Therefore, it is the intent of this Article XIX to heighten the protection of environmentally sensitive sites or features from potential adverse environmental impacts posed by development.
A.
Article XIX shall apply to all land use applications for which land disturbance is proposed, including, but not necessarily limited to, applications seeking approval of a subdivision, site development plan or special permit use (the foregoing hereinafter sometimes referred to as "land use actions"), except for minor construction in accordance with § 210-77D of this chapter; and shall supplement and/or augment, and may be more restrictive and proscriptive, but it is not the intent of the Village Board to vitiate the application of § 210-7.6, § 210-13, § 210-19, § 210-25, § 210-31, § 210-37, § 210-37.6, § 210-43, § 210-49, § 210-55, § 210-61, § 210-67 and § 210-67.7 of the Piermont Code (hereinafter referred to in the aggregate as "general bulk regulations"), nor § 210-2 (definition of "buildable lot"), as said sections may be amended from time to time. If any of the provisions of this Article XIX are in conflict or inconsistent with the general bulk regulations, § 210-2 (definition of "buildable lot"), or any other provision of the Piermont Code, then the provisions of this Article XIX shall govern and control.
As used in this article, the following terms shall have the meanings indicated, which below definitions shall supplement and augment those definitions set forth in § 210-2 of this chapter:
An area of land where construction, building activities,
excavation, depositing of fill or soil disturbance of any kind, and/or
the installation, placement, location or erection of structures, buildings
or other improvements shall not be permitted or allowed to occur in
or located on, about or within; and which area shall be preserved
and maintained forever undisturbed and in its natural state, within
which area perennial or annual vegetation (including, but not limited
to, trees and/or ground cover) shall not be cut, removed, altered,
destroyed or cleared by excavation, cutting, digging, removal, alteration,
destruction or similar activities or disturbance, except that very
limited weeding, gardening and selective pruning of vegetation, or
the selective pruning of diseased trees, invasive species or noxious
plants (such as poison ivy or poison oak), or the cutting down or
removal of dead trees may be permitted and allowed subject to the
prior approval of the Village Engineer and Village Building Inspector.
The establishment of a conservation area shall be documented by the
execution of a covenant and conservation easement, in substance and
form satisfactory to the Village Attorney and the Village Engineer,
which legal instrument shall run with the land and be recorded in
the Rockland County Clerk's office at the cost and expense of, and
executed by, the owner of the real property containing the conservation
area; and which shall include a provision releasing the Village of
Piermont and indemnifying and holding the Village harmless from any
and all responsibility, liability and obligation to preserve, maintain
or protect the conservation area, such liability, obligation and responsibility
to rest fully and completely upon the owner of the real property containing
the conservation area.
Land maintenance involving tree trimming and pruning, the
removal of dead and or diseased vegetation, lawn and garden care and
the planting of decorative trees, shrubs, and plants.
Construction, building, erection or installation of any structure, building or improvement on land; removal of trees (as defined in Chapter 185, Article II, of this Code); modification or alteration of land topography by cutting, clearing, grubbing, excavating, grading, moving, filling, or stripping of topsoil; and/or demolition.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced
or spread.
Any act by which earth, sand, gravel, rock, or any other
material is deposited, placed, replaced, dumped, transported, or moved
by person or persons to a new location.
See definition of "floodway" set forth in Chapter 112, Flood Damage Prevention, of the Code of the Village of Piermont.
The contour or surface elevation of the ground.
The contour or surface elevation of the ground at the completion
of a project after any disturbance.
The natural contour or surface elevation of the ground before
any disturbance.
Manufactured or man-made impermeable matter, substances or
materials that generate surface water runoff, including, but not limited
to: buildings; structures; concrete, asphalt, macadam, paver-stone,
brick or stone block driveways, walkways, sidewalks, parking pads
or platforms, and patios; inground or aboveground pools; tennis courts;
and storage shed foundations. Gravel shall not be considered an impervious
surface.
Includes, but is not necessarily limited to, applications
for: site development plan; subdivision, special permit, bulk/area
variances or use variances; and any land clearing, grading, filling,
excavation, use of motorized equipment to cut trees or to clear land,
or other operations resulting in land disturbance.
Undisturbed land that retains natural vegetation and topography,
and that contains no structures, buildings, impervious surfaces, retaining
walls or other improvements or permanent or transient activity.
The total square footage for each slope category (as defined in this Article XIX) of the original grade land area (the gross lot area) multiplied by the applicable percentage reduction for that steep slope category (see § 210-116D(1) of this Article XIX), which resulting multiplication products (in square feet) for all steep slope categories are added together, which total square footage sum is then subtracted from the original grade land area (the gross lot area), and which resulting difference shall be referred to as the "net lot area" and shall be the basis for calculating the floor area ratio.
A swath or breadth of land, with the associated vegetation,
which connects the highest elevation of land along a ridge, hill crest,
hilltop or series of hill crests, hilltops or prominent knolls.
Categories of slope for this Article XIX are as described in the following table below:
|
Slope Category
|
Slope Gradient
|
|---|---|
|
I
|
0% to 24.99%
|
|
II
|
25% to 34.99%
|
|
III
|
35% to 39.99%
|
|
IV
|
40% and greater
|
The ratio of the vertical rise of the original grade divided
by the horizontal run of the original grade. For example, a slope
consisting of a one-foot vertical rise over a four-foot horizontal
run has a 25% slope gradient; a slope consisting of a one-foot vertical
rise over a two-and-a-half-foot horizontal run has a 40% slope gradient.
A channel for water, having defined bed and banks, down which
surface water flows on a permanent or semipermanent basis, or at least,
under natural conditions, for a substantial time after periods of
heavy rainfall within its catchment, whether it contains or conveys
water continuously, intermittently or perennially. Watercourses within
the Village of Piermont shall include, but are not necessarily limited
to, those watercourses depicted on the Town of Orangetown County Regulated
Streams Map, dated February 2005, prepared by the Rockland County
Department of Planning, GIS (Project File Name: Cty_Reg_Org.mxd),
including: Hudson River, Sparkill Creek, tributaries on the south
and north sides of the Sparkill Creek, Whitten Pond outflow stream,
St. John's Stream, and Pier Watercourses.
The following are determined to be environmentally
sensitive sites or features when present on or within the stated distances
of a particular location at or in excess of the threshold criteria
set forth below:
A.
Water resources, including perennial or intermittent
watercourses, ponds, lakes, and reservoirs.
B.
"Wetlands," defined as any area which meets one or
more of the following criteria:
(1)
Lands and waters of the state that meet the
definition provided in § 24-0107, Subdivision 1, of the
New York State Freshwater Wetlands Act [Article 24 of the New York
State Environmental Conservation Law ("ECL")] but without regard to
the minimum size standards set forth in the ECL.
(2)
Lands and waters of the state that meet the
definition of "wetlands" provided in a report dated January 10, 1989,
and entitled "Federal Agency Committee for Wetland Delineation, 1989,
Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
U.S. Corps of Engineers, U.S. Environmental Protection, U.S. Fish
and Wild Life Service and U.S.D.A. Soil Conservation Service, Washington,
D.C., Cooperative Technical Publication."
(3)
Lands and waters of the state that meet the
definition of "wetlands" provided in the Tidal Wetlands Act, New York
Environmental Conservation Law Article 25, and the implementing regulations
in 6 NYCRR Part 661.
C.
Areas of shallow flooding, areas of special flood hazard, coastal high-hazard areas and regulatory floodways, including floodways within any slope category (hereinafter together referred to as "floodways"), as defined and determined by the local administrator under Piermont Code Chapter 112, Flood Damage Prevention.
D.
Land areas deemed slope Category II, Category III, or Category IV as defined in this Article XIX.
E.
Rock outcroppings, or parts of rock formations that
appear above the surface of the surrounding original grade.
F.
The Clausland Mountain ridgeline.
The following thresholds shall determine that
a site or feature, parcel, tract or lot, or portion of parcel, tract
or lot, is or contains an environmentally sensitive site or feature:
A.
Any site, property, location, feature, parcel, tract
or lot, or portion of parcel, tract or lot, which is traversed by,
on the bank of or within 10 feet of any watercourse.
B.
An area of 1,000 square feet, or a combination or
aggregation of areas each at least 100 square feet and totaling 1,000
square feet, of wetlands or other water resources.
C.
An area or a combination or aggregation of areas amounting
to 10% of the site, property, location, feature, parcel, tract or
lot, or portion of parcel, tract or lot, which slopes in any direction
or combination of directions by 25% or more, as measured in accordance
with the following methodology:
(1)
Vertical measurement. Vertical measurement shall
be determined by utilizing two-foot contours, as documented and verified
by an on-site survey performed and prepared by a New York State licensed
land surveyor. The survey shall depict the existing and current conditions
and status of the subject real property; except that a survey may
be older if there have been no changes to the real property or to
the lot boundaries, and if there have been no covenants or easements
recorded, since the date of such older survey.
(2)
Horizontal measurement. Horizontal measurement
shall be determined by the use of an appropriate scale which, unless
directed otherwise by the approving Village land use board exercising
approval jurisdiction or Village Engineer, shall be one inch for 20
feet.
(3)
Application of vertical and horizontal measurements.
The vertical and horizontal measurements are utilized to determine
the slope by dividing the vertical rise, on the basis of two-foot
contours, by the horizontal distance between two adjacent two-foot
contours. All surveys, calculations and documents shall be performed
and submitted by the applicant and shall bear the seal and original
signature of a professional engineer or land surveyor licensed to
practice in the State of New York. Measurement of slope shall be initiated
at the lowest point in the property extending up to the highest point.
(4)
The site development plan, plot plan, subdivision
plat or survey shall be marked with a breakout, i.e., a pictorial,
graphic or symbolic representation with a legend, of the surface areas
of the site (for which application for approval of a land use action
has been made) that fall into each Category of steep slope designation.
(5)
Areas of a site (for which application for approval of a land use action has been made) that are categorized as Category II, Category II or Category IV that individually constitute a contiguous surface of 100 square feet or less are not to be included as steep slopes in the determination of reduction in the lot area calculation (as described in § 210-116E below). Other restrictions to land disturbance or development remain in effect for all areas designated in the Category II, Category III and Category IV slope areas.
D.
An area of 500 square feet, or a combination or aggregation
of areas each at least 50 square feet, of exposed rock.
E.
Any combination of the above features, no one of which meets the thresholds stated, but which in combination meet the intent of this section as determined by the approving body after consultation with the Building Inspector, Village Engineer and/or the local administrator under Piermont Code Chapter 112, Flood Damage Prevention.
F.
Any site, property, location, feature, parcel, tract
or lot, or portion of parcel, tract or lot, which is traversed by
or within 100 feet distance of the Clausland Mountain ridgeline.
Notwithstanding other provisions of the Piermont Code to the contrary, and in addition to specific regulations pertaining to the approval of land use actions on, involving, or which may affect an environmentally sensitive site or feature, no such approval shall be given except following a public hearing held on at least 10 day's advance notice published in the Village's official newspaper and mailed to all property owners abutting or within 200 feet of the site for which application for approval of a land use action has been made; however, any unintentional errors, mistakes, omissions or oversights in providing such notice, so long as these notice requirements are substantially complied with, shall not void, nullify or invalidate any decision rendered by the approving body. No such public hearing shall be required for one-family detached dwellings in accordance with § 210-77D of this chapter (minor construction regulations). The land use action applicant shall be solely responsible for and obligated to reimburse the Village of Piermont for any and all professional consultants' fees and charges incurred by the Village as may be necessary to guide, inform and/or report to the Village Building Inspector and/or land use boards having approval jurisdiction, including the fees and charges of the Village Engineer and local administrator (Piermont Code Chapter 112, Flood Damage Prevention).
A.
Water resources. In the case of water resources, the
preexisting channel and/or banks shall be retained and a buffer area
of at least 25 feet outside of and surrounding the perimeter of all
such watercourses, ponds, lakes and water resources shall be preserved
in a natural, undeveloped and undisturbed state; except for stabilization,
repairs or restoration to preexisting bulkheads, seawalls, etc., the
need for which stabilization, repairs or restoration shall be determined
and reviewed by, and subject to the approval of, the Piermont Planning
Board or the Village Board of Trustees (as applicable), U.S. Army
Corps, NYS Department of Environmental Conservation (NYS DEC) and/or
other agencies exercising jurisdiction; and which preexisting channel
and/or banks and surrounding buffer area shall be established as conservation
areas. Piping shall be avoided except for crossings of roads and driveways.
B.
Wetlands. In the case of any wetlands, the wetlands
area and a natural vegetative buffer area of 50 feet outside of and
surrounding the perimeter of all such wetlands shall be maintained
adjacent to surface waters and wetlands to absorb surface water runoff
and trap sediment, and shall be preserved in a natural, undeveloped
and undisturbed state, which wetlands area and surrounding buffer
areas shall be established as conservation areas.
C.
Floodways. In the case of floodways, the preexisting
watercourse channel, floodways topography and site configuration shall
be retained; and the construction of improvements to buildings and
structures subject to potential damage from flooding conditions shall
be avoided.
D.
Steep slope areas: the following regulations shall
apply:
(1)
Land area reduction applicable to steep slope
areas. The gross lot area of the site (for which application for approval
of a land use action has been made) shall be reduced to the net lot
area by subtracting a certain percentage from the gross lot area for
purposes of calculating the net lot area and floor area ratio, as
follows:
|
Slope Category
|
Gross Lot Area Reduction*
| |
|---|---|---|
|
I (0% to 24.99%)
|
Not applicable
| |
|
II (25% to 34.99%)
|
50%
| |
|
III (35% to 39.99%)
|
75%
| |
|
IV (40% and greater)
|
100%
|
|
Note:
| |
|
* (For net lot area and floor area ratio calculation)
|
(a)
The total square footage for each slope category
of the original grade land area (the gross lot area) shall be multiplied
by the applicable percentage reduction for that steep slope category
(see the above table), and the resulting multiplication products (in
square feet) for all steep slope categories shall be added together,
which total square footage sum shall be subtracted from the original
grade land area (the gross lot area), which resulting difference shall
be referred to as the "net lot area" and shall be the basis for calculating
the floor area ratio.
(b)
Exemption for existing buildings or structures.
The net lot area reduction calculation shall apply to applications
for additions or extensions to existing buildings or structures only
if the change to the existing building or structure proposes to disturb
land within Category II or steeper slope category areas; applications
which propose land disturbance of areas that are Category I shall
not be subject to the net lot area reduction calculation for the purpose
of that application.
(2)
Permissible disturbance of steep slope areas:
siting of structures in sloped areas. The disturbance of sloped areas,
however, is additionally limited by restricting disturbance to a certain
percentage of the square footage of the land area comprising a steep
slope category. This percentage shall constitute the total permissible
proportion of square footage allowed for disturbance of steep slope
within that slope category, as follows:
|
Slope Category
|
Permissible Disturbance of Slope Category
| |
|---|---|---|
|
I (0% to 24.99%)
|
Not applicable
| |
|
II (25% to 34.99%)
|
33%
| |
|
III (35% to 39.99%)
|
15%
| |
|
IV (40% and greater)
|
0%
|
(a)
No land having a slope equal to or greater than
40% shall be developed or disturbed, except for conservation measures
or measures intended to remove debris which inhibits the functioning
of a swale.
(3)
Lot coverage shall conform to the requirements
specified in the general bulk regulations for the applicable zoning
district based on the gross lot area.
(4)
Additional considerations. In the case of Category
II, Category III and/or Category IV slope areas, in determining whether
an application for a land use action that contains a site, property,
location, feature, parcel, tract or lot, or portion of parcel, tract
or lot with a steep slope area should be approved, the land use board
exercising approval jurisdiction shall also consider the following
factors:
(a)
The degree to which the proposed development
would prevent or minimize erosion and otherwise protect the stability
of steep slope areas, both during and after construction, which shall
be encouraged.
(b)
The degree to which the proposed development
of a steep slope area would create an unnatural shape, which shall
be discouraged.
(c)
The degree to which the proposed development
of a steep slope area would enhance the attractiveness of the slope
by terracing, landscaping, retaining walls or otherwise, which shall
be encouraged.
(d)
The degree to which the proposed development
would obstruct views of a steep slope area and surrounding areas,
which shall be discouraged.
E.
Rock outcroppings. In the case of rock outcroppings
or parts of rock formations that appear above the surface of the surrounding
original grade, the preexisting rock outcropping shall be preserved
in a natural, undeveloped and undisturbed state.
F.
Clausland Mountain ridgeline. In the case of the Clausland
Mountain ridgeline, buildings and structures, and all portions thereof,
shall be located below the ridgeline so as to preserve a natural topographic
and vegetative profile; existing and introduced native vegetation
shall be used to blend the buildings and structures with the surrounding
landscape; buildings and structures shall not be silhouetted against
the skyline or horizon; hillside cuts for roads or other site development
areas of high visibility shall be stabilized and vegetated with native
species to avoid highly contrasting unnatural landforms; and a visual
impact analysis modeled after the visual EAF (environmental assessment
form) addendum, Appendix B, to the NYS DEC's State Environmental Quality
Review Act Regulations official booklet (6 NYCRR 617.20), to the extent
and degree determined by the Piermont Planning Board, shall be prepared
by the applicant and submitted to the Planning Board for its review
and approval.
This article shall take effect immediately,
except this article shall not apply to land use applications which
at the time of the adoption of this article: have been issued a building
permit which has not expired; have received approval from all required
land use boards and which approvals have not expired, lapsed, or become
null and void; or are pending and have undergone at least five formal
review meetings by the Village Board, Planning Board and/or Zoning
Board of Appeals of the Village of Piermont.
