[HISTORY: Adopted by the Town Board of the
Town of Jerusalem 5-20-2008 by L.L. No. 3-2008. Amendments noted where
applicable.]
The purpose of this chapter is to control construction
on steep slopes. This chapter is intended to regulate individual and
subdivided lots to protect the health, safety and welfare of the general
public by maintaining and protecting the natural terrain, waterways,
wetlands and vegetative features and provide safe building sites by
preventing surface erosion, creep and sudden slope failure, preserve
farmland and open space, prevent flooding, stormwater runoff and preserving
areas of wildlife habitat.
[Amended 6-16-2010 by L.L. No. 2-2010]
As used in this chapter, the following terms shall have the
meaning indicated:
Licensed professional engineer, CPESC-certified professional
in erosion and sediment control or landscape architect.
Preparing land for construction or reconstruction, such as
clearing, grading and filling, and/or the building of structures,
including driveways, retaining walls and/or drainage systems.
MINOR SOIL DISTURBANCESoil disturbance of 300 square feet or less.
MAJOR SOIL DISTURBANCESoil disturbance greater than 300 square feet.
Ground areas with a slope of 15% or greater.
[Amended 6-16-2010 by L.L. No. 2-2010]
A.
It shall be unlawful to create any soil disturbance, other than an
exempt activity as set forth in this chapter, on any steep slope in
the Town of Jerusalem unless and until a steep slope permit is granted
by the Planning Board or the Code Enforcement Officer pursuant to
the requirements of this chapter.
B.
Exempt activities. The following activities on steep slopes do not
require the issuance of a steep slope permit:
(1)
Any planting or installation of landscape materials which does not
require disturbance of existing terrain.
(2)
Emergency situations, as determined by the Town Code Enforcement
Officer, where the disturbance of steep slopes is required to protect
persons or property from imminent danger.
(3)
Farming activities using sound management practices as defined by
the Sound Agricultural Practices Guidelines of the New York State
Department of Agriculture and Markets.
(4)
If the slope of the site can be documented as less than 15%, no permit
is required.
(5)
Routine and emergency construction, maintenance or repair of public
highways by authorized municipal personnel.
(6)
Town water and sewer installations.
(7)
Installation of KWIC-approved septic system(s) with erosion control
plans.
(8)
Construction, maintenance or repair of public utilities.
(9)
Routine repair and maintenance of an existing driveway, but not to
include reconstruction.
[Amended 6-16-2010 by L.L. No. 2-2010]
A.
Minor soil disturbance(s).
(1)
The Code Enforcement Officer is hereby designated to administer and
implement this chapter for minor soil disturbances. The Code Enforcement
Officer, at his or her discretion, with the advice of the Highway
Superintendent where needed, may determine that the minor steep slope
application should be reviewed by the Planning Board.
(2)
A steep slope application for minor soil disturbances shall be made
on forms furnished by the Code Enforcement Officer.
B.
Major soil disturbance(s).The Planning Board is hereby designated
to administer and implement this chapter by granting or denying steep
slope permits for all residential, commercial or agricultural construction,
whether on a single lot or in connection with a subdivision application.
C.
An application for a building permit in steep slope areas shall be
made on forms furnished by the Planning Board and shall include the
following information:
(1)
Ten copies of a site plan [with a minimum of two large copies and
eight copies which may be reduced to ledger size (11 inches by 17
inches) drawn at a scale of not less than one inch equals 30 feet,
prepared by a licensed professional engineer, landscape architect
or licensed surveyor, CPESC-certified professional in erosion and
sediment control or equivalent, showing the lot or lots containing
steep slopes and the following:
(a)
All existing and proposed natural or artificial drainage courses.
(b)
The proposed location of all structures, including drainage,
septic systems, wells, waterlines, and driveways.
(c)
The location of the proposed area of disturbance and its relation
to adjacent properties, together with buildings, structures, roads,
affected trees and affected wetlands, if any, within 100 feet of the
boundaries of said area.
(d)
Existing topography of 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, if determined necessary by the Planning Board,
in order to fully evaluate the application.
(e)
Proposed final contours and proposed surface materials or treatment
at a maximum contour interval of two feet.
(f)
An erosion control plan showing the proposed area of disturbance
and temporary and permanent erosion control measures. (All erosion
control practices have to comply with New York State standards and
specifications of erosion and sediment control.)
(g)
Stormwater management: the detail of any surface or subsurface
runoff for sizing of drainage structures (i.e., culverts and diversions).
(h)
Any special reports deemed necessary by the Planning Board to
evaluate the application, including but not limited to geologic or
hydrologic studies or capacity evaluation.
(2)
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.
(4)
All requirements of New York State Phase II stormwater regulations
will be met if the site exceeds one acre of construction disturbance.
(5)
The application shall be accompanied by:
(a)
A fee in an amount to be determined by resolution of the Town
Board; and
(b)
Fees for engineers' and attorneys' services in an
amount determined by the Town Board as sufficient to defray the estimated
costs of such services rendered to the Town in connection with the
application. The applicant shall deposit with the Town Clerk the amount
estimated to reimburse the Town for such costs. Any amount remaining
after payment to the Supervisor for the services rendered shall be
returned to the applicant upon final approval or upon withdrawal if
the application is withdrawn.
D.
The Planning Board may refer each application for a steep slope permit
to the Yates County Soil and Water Conservation District or other
certified professional for review, who shall submit a written report
to the Planning Board. This report shall contain the following items:
E.
In a building lot or development situation that requires material
removed from the site or hauled in over Town roads, the Highway Superintendent
shall review the engineered plan before work commences. In some cases
it may be necessary to haul material in or out during certain times
of day or year.
F.
During its review of the application, the Planning Board shall:
(1)
Review the application to determine that the requirements of this
chapter have been satisfied and that the application is complete.
(2)
Review each complete application and approve, approve with conditions
or deny the application, in accordance with this chapter, within 60
days of the receipt of a complete application as determined by the
Planning Board.
(3)
If deemed necessary, require posting of a performance bond or other
security as a condition of approval, the amount of such bond or other
security to be approved by the Town Board.
G.
Public hearing. The Planning Board may, at its discretion, hold a public hearing on an application for a steep slope permit. If a public hearing is held, the notice and hearing requirements shall follow the procedures as contained in § 160-73, pertaining to Zoning Board hearings for variances.
H.
In granting a steep slope permit, the Planning Board shall find that
the following conditions have been met:
(1)
The proposed activity is in accordance with the legislative intent
and purpose stated in this chapter.
(2)
The proposed activity will preserve and protect existing streams,
lakes, floodplains and wetlands and promote sound development to protect
open space.
(3)
The proposed activity will not adversely affect existing or proposed
drainage structures, wells, or sewage disposal systems.
(4)
The proposed activity will not adversely affect any Town roads and
adjacent properties.
I.
After a steep slope permit is approved:
(1)
All permits shall expire on completion of the work specified therein
and approved thereby. Unless otherwise indicated, the approved permit
shall be valid for a period of one year from the date of issuance.
The Planning Board may grant a six-month extension of this period.
(2)
Following completion of the work, the applicant shall submit a certification
signed by the property owner, the excavation contractor, the certified
professional and the Code Enforcement Officer that the completed work
meets the requirements of the permit. The Town Code Enforcement Officer
and the certified professional shall verify that the work has been
completed in accordance with the permit. An as-built survey or plan
shall be required to show that the work was completed in accordance
with the permit.
[Amended 6-16-2010 by L.L. No. 2-2010]
Any alteration to an already approved steep slope plan must
be reviewed and agreed to by the following personnel: Code Enforcement
Officer; Yates County Soil and Water; plan designer, Highway Superintendent
(if applicable); and a Planning Board representative. An updated plan,
signed and dated, showing the modifications must be submitted to the
Town Offices by the plan designer.
[Amended 6-16-2010 by L.L. No. 2-2010]
Violations of any section of this chapter shall constitute a
violation and be punishable by a fine of not more than $250 or by
a sentence of imprisonment not exceeding 15 days, or by both such
fine and imprisonment.
[Amended 6-16-2010 by L.L. No. 2-2010]
All construction operations that will create a disturbance in
a steep slope area will comply with the above permit.
