City of Rye, NY Application Procedure

Application contents. The application and an application review shall be submitted to the City Planner. The application shall contain the following information:

(1)

Name and address of owner and applicant.

(2)

Street address and Tax Map designation of property to which the application pertains.

(3)

Statement of consent from the owner for any agent making application.

(4)

A written narrative explaining the nature of the proposal, including the proposed work and purpose thereof, any future development proposals for the property and whether alternative locations exist for the proposed activity.

(5)

A site plan, which shall be drawn at a scale no less detailed than one inch equals 50 feet and prepared by a landscape architect, architect or professional engineer licensed in the State of New York and showing the following information for all areas on the subject site that contain steep slopes:

(a)

The location of proposed structures, septic systems, wells and driveways.

(b)

The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads and affected wetlands as defined in Chapter 245, Freshwater Wetlands, of the City Code, if any, within 50 feet of the boundaries of the proposed disturbed area.

(c)

The existing topography in the proposed area of disturbance at a contour interval of not more than two feet. Contours at this interval shall be shown for a distance of 50 feet or greater beyond the limits of the proposed area of disturbance. If, however, the fifty-foot radius is not on property controlled by the applicant and the applicant is unable to gain access to such property, the contours must be shown at least to the boundary of the property under applicant's control. The contour map shall be prepared, signed and sealed by a professional land surveyor licensed to practice in New York State. The elevations and contours on said map shall be in United States Geological Survey (USGS) datum, latest revision.

(d)

The location and size of areas of steep slope and extremely steep slope, under existing and proposed conditions, in the area of proposed disturbance and within a distance of 50 feet thereof. If, however, the fifty-foot radius is not on property controlled by the applicant and the applicant is unable to gain access to such property, the location and size of such slopes must be shown at least to the boundary of the property under applicant's control. The Planning Commission shall make a site visit to observe neighboring topography and shall in its decision-making take notice of any slope and other relevant conditions on the property beyond the applicant's control.

(e)

The proposed final contours at a maximum of two-foot contour intervals in the proposed disturbed area and to a distance of 50 feet beyond; elevations of the site and adjacent lands within 200 feet of the proposed work site at contour intervals of no greater than 10 feet; and proposed surface materials or treatment. If, however, the fifty- or 200-foot radius is not on property controlled by the applicant and the applicant is unable to gain access to such property, the contours must be shown at least to the boundary of the property under applicant's control. The Planning Commission shall make a site visit to observe neighboring topography and shall in its decision-making take notice of any slope and other relevant conditions on the property beyond the applicant's control.

(f)

An erosion and sediment control plan in accordance with Chapter 174, Stormwater Management, of the Rye City Code.

(g)

The details of any surface or subsurface drainage system proposed to be installed, including special erosion control measures designed to provide for proper surface or subsurface drainage, both during the performance of the work and after its completion.

(h)

A description of the existing and proposed vegetative cover of the regulated area.

(i)

Location of the construction area and the area proposed to be disturbed and their relation to property lines, roads, buildings and watercourses within 250 feet thereof.

(j)

The exact locations, specifications and amount of all proposed excavating, draining, filling, grading, dredging and vegetation removal or displacement and the procedures to be used to do the work.

(k)

Location of all wells and depths thereof and all sewage disposal systems.

(l)

A completed environmental assessment form in accordance with the New York State Environmental Quality Review Act.

(6)

A list of all applicable City, county, state and federal permits that are required for such work or improvement.

(7)

A list of names of owners of record of lands adjacent to the steep slope area in which the project is proposed to be undertaken.

(8)

Payment of all applicable fees.

Additional information. The following information and materials shall be supplied if requested by the City Planning Commission:

(1)

A site plan or site plans drawn at a scale of not less than one inch equals 50 feet, prepared by a landscape architect, architect, or professional engineer licensed in the State of New York showing:

(a)

Cross sections of all disturbed steep slope areas.

(b)

Existing soils within 50 feet of the proposed disturbed area, taken from field investigations by a soils scientist and classified into hydrologic soil groups. The depth to bedrock and depth to water table, K-factors, and soil and rock strata in all areas of proposed disturbance shall be identified.

(c)

A cut/fill map delineating proposed areas of disturbance at affected depths in increments of zero to three feet, three to six feet, six to 10 feet, and 10 feet and over, and the estimated material quantities of cut/fill.

(d)

A slope map showing existing and proposed slopes within the proposed disturbed area for each of the soil types described in Subsection B(1)(b) above.

(e)

A stabilization and revegetation plan.

(f)

Other information, including specific reports by qualified professionals regarding soils, geology and hydrology, as may be determined to be necessary by the Planning Commission.

(2)

A plan with the existing topography of the watershed tributary to the disturbed area presented at a scale of not more than one inch equals 100 feet. This map shall show existing and, if required by the Planning Commission, proposed controls and diversions of upland water.

(3)

Estimates for the proposed site improvements, which shall be certified by a professional engineer, architect, or landscape architect licensed in the State of New York.

(4)

Any additional information as needed. Such additional information may include, but is not limited to, the study of flood, erosion or other hazards at the site; the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to evaluate the proposed use in terms of the goals and standards hereof.

It is the intent of this chapter to incorporate the consideration of steep slope protection into the City's existing land use and development approval procedures in conjunction with the procedures of the New York State Environmental Quality Review Act. To the maximum extent possible, the review, hearings and decisions upon any application processed under this chapter will run concurrently with similar procedures that the Planning Commission may undertake in connection with other applications that are directly related.

A public hearing shall be required on all steep slopes applications. Notice of such hearing shall be delivered by the applicant to all property owners within 300 feet of the subject property at least seven days prior to the hearing. To facilitate notification of the public, a public notification list shall be prepared by the applicant, using the most current City of Rye Tax Maps and Tax Assessment Roll, showing the Tax Map sheet, block and lot number, the owner's name and owner's mailing address for each property. If a property within the notification area is a multifamily dwelling, apartment building, cooperative or similar-type residential structure, the applicant shall send the notice to the property owner of record. Such notices shall be mailed by first-class mail posted within Westchester County at a post office or official depository of the Postal Service. The applicant must obtain a certificate of mailing for every notice mailed. All notices mailed must be sent via certified mail (no return receipt). All certificates of mailing must be provided to the Planning Department at least five days' prior to the public hearing.