A.
Allowable activities. The following activities within a steep slope
area shall be allowed without a steep slope work permit:
(1)
Normal ground maintenance which does not require disturbance of existing
terrain, including mowing, trimming of vegetation and removal of dead
or diseased vegetation, provided that such activity does not involve
regrading, and further provided that such activity conforms with all
other applicable laws and regulations.
(2)
Routine and minimally invasive landscaping activities, including
adding new plants or removing existing plants.
(3)
The disturbance to steep slopes under temporary emergency conditions,
as determined by the City Engineer, where such disturbance is necessary
to protect persons or property from present and imminent danger.
(4)
Repair or replacement in-kind of existing walkways, walls, decks,
stairways and docks.
(5)
Any new structure or addition to an existing structure involving
not more than 100 square feet.
(6)
Public health activities and emergency uses pursuant to orders of
the Westchester County Department of Health and/or the New York State
Department of Health.
(7)
Alteration of the interior of a building.
(8)
The demolition of a part or all of the exterior of an existing building.
B.
Regulated activities. It shall be unlawful to create a new steep
slope area or to create any disturbance, other than an allowable activity
as defined above, on any existing or proposed steep slope in the absence
of a steep slope work permit.
A.
Considerations. During its review of the application, the Planning
Commission shall evaluate, as necessary and appropriate, the extent
to which the application accomplishes the following:
(1)
The alignment of roads and driveways shall follow the natural topography
to the maximum extent practicable, shall minimize regrading and shall
comply with design standards for maximum grades set forth in the City
Code.
(2)
All regrading shall blend in with the natural contours of the land.
(3)
Cuts and fills shall be shaped to eliminate sharp angles at the top,
bottom and sides of regraded slopes.
(4)
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 shall be not steeper than two horizontal
to one vertical.
(5)
Natural slopes of two horizontal to one vertical, or steeper, shall
not be altered by fill slopes. The toe of a fill slope shall not be
located within 12 feet horizontally of the top of an existing or proposed
cut slope.
(6)
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.
(7)
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, the Planning Commission may allow a structure to 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, subject to Subsection B below.
B.
Decision.
(1)
In granting, denying or conditioning any steep slope permit under
this chapter, the Planning Commission shall consider all relevant
facts and circumstances and determine that each of the following is
true:
(a)
That the proposed activity and the manner in which it is to be accomplished are in accordance with the findings and policy set forth in § 166A-1 of this chapter.
(b)
That the proposed activity and the manner in which it is to
be accomplished can be completed without increasing the possibility
of creep or sudden slope failure and will minimize the potential for
erosion to the maximum extent practicable.
(c)
That the proposed activity and the manner in which it is to
be accomplished will not adversely affect the preservation and protection
of existing wetlands, water bodies, watercourses and floodplains.
(d)
That the proposed regulated activity is compatible with the
public health and welfare.
C.
Burden of proof. The applicant shall have the burden of proof to
demonstrate compliance with this chapter by clear and convincing evidence,
that is, highly and substantially more likely to be true than untrue.
