A.
Allowable activities. The following activities within
a steep slope area shall be allowed without a 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, including but not limited to the Tree Protection Law of the Town of Ossining (Chapter 183).
(2)
The disturbance to steep slopes under temporary emergency
conditions, as determined by the Building Inspector, where such disturbance
is necessary to protect persons or property from present and imminent
danger.
(3)
Repair of existing walkways and walls.
(4)
Installation of a standard-size mailbox.
(5)
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.
B.
Regulated activities.
[Amended 12-15-2015 by L.L. No. 8-2015]
(1)
It shall be unlawful to create a new steep slope area or to create any disturbance, other than an allowable activity as defined in § 167-5A hereof, on any existing or proposed steep slope in the absence of a steep slope permit issued by the approval authority and a work permit issued by the Building Inspector.
(2)
Extremely steep slopes.
(a)
It shall be unlawful to create or disturb any extremely steep
slope, as defined herein, except that the Planning Board may waive
this prohibition with respect to ingress and egress for the property
and in other circumstances, subject to the following provisions of
this section. In these cases, the applicant shall have the burden
of demonstrating that the applicant's circumstances warrant the
waiver, including, at a minimum, an analysis of the relative environmental
impacts of alternatives and demonstration by the applicant that:
(b)
In addition, the Planning Board may only permit the creation
or disturbance of an extremely steep slope if in doing so adverse
environmental impacts can be mitigated to the extent acceptable to
said Board.
A.
Consideration. In granting, denying or conditioning
any permit, the approval authority shall consider all relevant facts
and circumstances, including, but not limited to, the following:
(1)
The environmental impact of the proposed action.
(2)
The alternatives to the proposed action, including
avoidance of the disturbance of the steep slope area and the availability
of preferable alternative locations on the subject parcel or on any
other adjacent parcel under the control of the applicant.
(3)
The suitability or unsuitability of the proposed activity
to the area for which it is proposed.
(4)
The effect of the proposed activity with reference
to the protection of steep slopes.
(5)
The availability of technical improvements, safeguards
or other mitigation measures that could feasibly be added to the proposal.
B.
Conditions. During its review of the application, the approving authority shall establish conditions of approval deemed necessary by the approval authority to satisfy the goals, objectives and review standards set forth in §§ 167-1 and 167-6 of this chapter, including but not limited to the following:
(1)
Lot layouts shall be designed so that sanitary sewage
disposal systems entirely avoid all areas of steep slope and are in
compliance with all standards and regulations of the Westchester County
Health Department.
(2)
The padding or terracing of building sites, including
mounding of septic tile fields, shall be minimized to the maximum
extent practicable.
(3)
The alignment of roads and driveways shall follow
the natural topography, minimize regrading and comply with design
standards for maximum grades set forth in the Town Code.
(4)
The natural elevations and vegetative cover of ridge
lines shall be protected from disturbance to the maximum extent possible.
(5)
All regrading shall blend in with the natural contours
of the land.
(6)
Cuts and fills shall be rounded off to eliminate sharp
angles at the top, bottom and side of regraded slopes.
(7)
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 should be not steeper
than two horizontal to one vertical (50% slope).
(8)
Fill slopes shall avoid all natural slopes of two
horizontal to one vertical (50% slope) or steeper. The toe of the
fill slope shall not be located within 12 feet horizontally of the
top of an existing or proposed cut slope.
(9)
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.
(10)
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,
a structure may 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.
(11)
The use of explosives shall be avoided to the maximum
extent practicable. Generally, disturbance of rock outcrops shall
be by means of explosives only if manual labor and machines are not
effective and only if rock blasting is conducted in accordance with
the Town Code and all other applicable regulations by a person holding
a current Class A or Class B certificate of competence from the New
York State Department of Labor.
(12)
Any disturbance of steep slopes shall be completed
within one construction season, and disturbed areas shall not be left
bare and exposed during the winter and spring thaw periods.
(13)
The disturbance of existing vegetative ground cover
shall not take place more than seven days prior to commencing grading
and construction.
(14)
Permanent vegetative cover, as specified in the Westchester
County Best Management Practices Manual for Erosion and Sediment Control
(1991), as may be amended, shall be planted within three days after
completion of grading. Where final grading and permanent planting
cannot be established within a short period of time, temporary seeding
or mulching shall be applied. Upon good cause shown and based upon
consideration of the time of year, slopes, soils and environmental
sensitivity of the area involved, the Building Inspector may modify
these specified time periods.
(15)
Measures for the control of erosion and sedimentation
shall be undertaken in accordance with the Westchester County Best
Management Practices Manual for Erosion and Sediment Control (1991),
as may be amended, and in accordance with the most recent version
of the Soil and Water Conservation Society's publication entitled
"New York Guidelines for Erosion and Sediment Control," or their equivalents
as may be deemed satisfactory to the approval authority.
(16)
Topsoil that will be stripped from all areas of disturbance
shall be stockpiled in a manner so as to minimize erosion and sedimentation
and shall be replaced on the site at the time of final grading.
(17)
Fill material shall be composed only of nonorganic
material, including rock with a diameter that will allow for appropriate
compaction and cover by topsoil. No voids are to be created or left
remaining in the fill material that will allow further settlement
of the fill or habitat for rodents, vermin or other unwanted species.
(18)
Compaction of fill materials in fill areas shall be
such that it ensures support of proposed structures and stabilization
for intended uses.
C.
Determinations. In granting a steep slope permit under
this chapter, the approval authority shall determine the following:
(1)
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 § 167-1 of this chapter.
(2)
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 erosion to the
maximum extent practicable.
(3)
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.
(4)
That the proposed activity and the manner in which
it is to be accomplished can be completed in such a way so as not
to adversely affect existing, proposed or future wells or sewage disposal
systems or any threatened or endangered species of flora or fauna.
(5)
That the proposed regulated activity is compatible
with the public health and welfare.
(6)
That the proposed regulated activity cannot practicably
be relocated on the site so as to eliminate or reduce the disturbance
of the steep slope area.
D.
Burden of proof. The applicant shall have the burden
of proof to demonstrate compliance with this chapter.
