All words used in the present tense include the future tense; all
words in the plural number include the singular number; and all words
in the singular number include the plural number, unless the natural
construction of the wording indicated otherwise. The word "lot" includes
the word "plat"; the word "building" includes the word "structure";
and the word "shall" is mandatory and not directory. The word "use"
is deemed also to include "designed, intended, or arranged to be used."
Unless otherwise specified, all distances shall be measured horizontally.
ANGLE OF REPOSE
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.
APPLICANT
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the City of Rye and its governmental agencies, who requests the approval
authority to approve disturbance to a steep slope, or to whom a steep
slope approval or a steep slope work permit has been granted under
the provisions of this chapter.
DISTURBANCE
The removal of vegetation, 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.
DISTURBED AREA
Any steep slope area for which a disturbance is proposed
or is ongoing.
EXCAVATION
Any activity which removes or significantly disturbs rock,
gravel, sand, soil, or other natural deposits.
FILL
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
GRADING
Adjusting the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
MATERIAL
All liquid, solid or gaseous substances.
PERSON
Any person, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including
public agencies and municipal corporations.
PROJECT
Any proposed or ongoing action that may result in direct
or indirect physical impact on a steep slope, including, but not limited
to, any regulated activity.
STEEP SLOPE
Any contiguous land area greater than 500 square feet having
a topographical gradient of 25% or greater (ratio of vertical distance
to horizontal distance) and a minimum horizontal distance of 10 feet
measured along a horizontal plane. If the slope extends onto adjacent
property and would result in the land area being greater than 500
square feet having a topographical gradient of 25% or greater, then
the applicant shall be required to obtain steep slope work approval
from the Planning Commission.
STEEP SLOPE WORK APPROVAL
The written form of authorization issued by the Planning
Commission and required by this chapter prior to the issuance of a
steep slope work permit by the Building Inspector and commencement
of work within a steep slope area.
STEEP SLOPE WORK PERMIT
The written form of permission to commence work within, or
otherwise disturb, a steep slope area issued by the Building Inspector,
which permit shall be issued only where such regulated activity has
been approved and authorized by the Planning Commission.
STEEP SLOPE, EXTREME
Any contiguous land area greater than 500 square feet having
a topographical gradient of 35% or greater (ratio of vertical distance
to horizontal distance) and a minimum horizontal distance of 10 feet
measured along a horizontal plane.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.