A. 
Title. This chapter shall be known as the "Steep Slope Protection Law of the City of Rye." It is a chapter regulating the disturbance of steep slopes in the City of Rye.
B. 
Findings and policy. The City Council of the City of Rye finds and declares it to be the public policy of the City to regulate, preserve, protect and conserve its steep slopes so as to maintain and protect the natural terrain and its vegetative features, preserve wetlands, water bodies and watercourses, prevent flooding, protect views, vistas, and open areas that contribute to a sense of space in our suburban environment, preserve areas of wildlife habitat, provide safe building sites, protect the subject property and the adjoining properties by preventing erosion, creep and sudden slope failure. In this connection the City Council finds as follows:
(1) 
Protection of steep slopes is a matter of concern to the entire City. Once a steep slope is disturbed, that disturbance may well be irreversible. The establishment of regulatory and conservation practices to prevent disturbance of steep slopes is needed to protect the public health, safety and general welfare.
(2) 
The disturbance of steep slopes can aggravate erosion and sedimentation beyond rates experienced in natural geomorphologic processes. Erosion and sedimentation often include the loss of topsoil, the disturbance of habitats, degradation of the quality of surface water and wetlands, alteration of drainage patterns, the gullying of land, the obstruction of drainage structures, the intensification of flooding both on and off the subject site, the failure of slopes and the mass movement of earth and danger to the natural environment, man-made structures and the safety of persons.
(3) 
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 City. Overdevelopment of or improperly managed disturbance to these steep slopes is detrimental to the visual character of the City.
(4) 
Regulation can allow the reasonable use of private property by encouraging flexibility in development design to avoid disturbance of steep slopes. Regulation can also permit environmentally sound disturbance of steep slopes conducted in accordance with acceptable site design practices.
(5) 
To minimize the potential adverse impacts of development on steep slopes, the City should seek the preservation of such areas by the use of flexibility in site design, (including the application of § 37, Subdivision review; approval of cluster development, of the General City Law), the establishment of conservation easements and other land preservation techniques.
(6) 
These regulations are enacted with the intent of providing a reasonable balance between the rights of the individual property owners and the public interest in preserving the valuable functions of steep slopes.
A. 
For the purpose of this chapter, certain words and terms used herein are defined as follows.
B. 
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.
APPROVAL AUTHORITY
The Planning Commission of the City of Rye.
BUILDING INSPECTOR
The Building Inspector of the City of Rye.
CITY
The City of Rye.
CITY COUNCIL
The City of Rye City Council.
CITY ENGINEER
The Engineer for the City of Rye.
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.
PLANNING COMMISSION
The Planning Commission of the City of Rye.
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.
STATE ENVIRONMENTAL QUALITY REVIEW ACT
The law, pursuant to Article 8 of the New York Environmental Conservation Law, providing for the environmental review of actions.
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 AREA
The area defined in accordance with § 166A-3.
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.
The applicant shall be responsible for having the boundaries of each steep slope area determined by field investigation, flagging and subsequent survey by a licensed land surveyor. The Planning Commission may also consult, at the expense of the applicant, and/or may also require the applicant to consult with a landscape architect, architect, professional engineer, soil scientist or other experts and professionals as deemed necessary to make this determination.
The provisions of this chapter shall apply to all lands defined and/or designated as an area containing one or more steep slopes as determined in accordance with § 166A-3.