The approval authority for all applications
for steep slope permits shall be as follows:
A.
For any application that involves a disturbance in
an area of very steep slope or extremely steep slope, the Planning
Board shall be the approval authority for the steep slope permit.
B.
Where the Planning Board is processing a site plan
or subdivision, it shall also be the approval authority for any steep
slope permit required in connection with such application.
A.
Application contents. Five copies of the application
and an application review fee, as determined by the Town Board, shall
be submitted to the Building Inspector and Building and Planning Department.
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, professional engineer or other qualified person
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 105, Freshwater Wetlands, of the Town Code, if any, within 50 feet of the boundaries of the disturbed area.
(c)
The existing topography in the proposed area
of disturbance at a contour interval of not more than two feet. Contours
shall be shown for a distance of 50 feet or greater beyond the limits
of the proposed area of disturbance. 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 extremely
steep slope, very steep slope and moderately steep slope, under existing
and proposed conditions, in the area of proposed disturbance and within
a distance of 50 feet thereof.
(e)
The proposed final contours of the disturbed
area at a maximum contour interval of two feet and proposed surface
materials or treatment.
(f)
An erosion and sedimentation control plan.
(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.
(6)
A list of all applicable town, county, state and federal
permits that are required for such work or improvement.
(7)
Payment of all applicable fees.
B.
Additional information. The following information
and materials shall be supplied if requested by the Building Inspector:
(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, professional engineer or other qualified person, 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-factor and soil and rock strata in all areas
of 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 disturbed area for each of the soil types described in Subsection B(1)(b) above.
(e)
Other information, including specific reports
by qualified professionals on soils, geology and hydrology, as may
be determined to be necessary by the Building Inspector.
(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 Building Inspector, proposed controls and diversions of upland
water.
C.
Referrals. The Building Inspector, upon receipt of
an application meeting the requirements of this section, shall refer
the application to the Environmental Advisory Committee for its review
and report. The Environmental Advisory Committee shall render a report
to the Building Inspector within 10 days of the referral date, unless
the applicant consents to an extension. The Building Inspector shall
have no obligation to consider the Environmental Advisory Committee's
report, unless said report is rendered within the time frame specified
herein.
D.
Initial review of application by Building Inspector.
(1)
The Building Inspector shall review the application
for the purpose of determining whether the application is eligible
for processing under the provisions of this chapter, and, if so, the
Building Inspector shall process the application within 21 days of
receipt of a complete application in accordance with the provisions
of this chapter.
(2)
If the Building Inspector determines that the application
is not eligible for processing under the provisions of this chapter,
he/she shall provide written notice of such decision to the applicant
within 21 days of receipt of a complete application.
(3)
If the Building Inspector determines that the granting of a permit would be appropriate in light of the standards set forth in § 167-6, the Building Inspector shall grant the permit within 21 days of receipt of a complete application. Notwithstanding the foregoing, the Building Inspector, in his/her sole discretion, may forward any application for a permit to the Planning Board for processing in accordance with the provisions of § 167-9 below.
(4)
If the Building Inspector determines that the granting of a permit would be inappropriate in light of the standards set forth in § 167-6, the Building Inspector shall neither approve nor deny the application, but rather shall notify the applicant within 21 days of receipt of a complete application and shall forward the application to the Planning Board for processing in accordance with the procedures set forth in § 167-9 below.
A.
Application contents. Ten copies of the application
and an application review fee, as determined by the Town Board, shall
be submitted to the Building Inspector and the Building and Planning
Department. The application shall contain the following information:
B.
Additional information. Additional information may
be requested by the Planning Board, including any of the following:
(1)
Complete plans and estimates for the proposed site
improvements, which shall be certified by a professional engineer,
architect, land surveyor or landscape architect licensed in the State
of New York, drawn at a scale no less detailed than one inch equals
50 feet and showing the following:
(a)
A description of the vegetative cover of the
regulated area.
(b)
A description of the soil types on site.
(c)
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.
(d)
The exact locations, specifications and amount
of all proposed draining, filling, grading, dredging and vegetation
removal or displacement and the procedures to be used to do the work.
(e)
Location of all wells and depths thereof and
all sewage disposal systems.
(f)
Existing and adjusted contours at two-foot intervals
in the proposed disturbed area and to a distance of 50 feet beyond;
and elevations of the site and adjacent lands within 200 feet of the
proposed work site at contour intervals of no greater than 10 feet.
(g)
A completed full environmental assessment form
in accordance with the New York State Environmental Quality Review
Act.
(2)
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 propose use in terms
of the goals and standards hereof.
C.
Referrals. The Planning Board, upon receipt of an
application meeting the requirements of this section, shall refer
the application to the Environmental Advisory Committee for its review
and report. The Environmental Advisory Committee shall render a report
to the Planning Board within 30 days of the referral date or within
such other period as may be specified by the Planning Board. The Planning
Board shall have no obligation to consider the Environmental Advisory
Committee's report, unless said report is rendered within the time
frame specified herein.
A.
An application fee and inspection fee in amounts set
forth in a fee schedule established from time to time by the Town
Board shall be submitted with the application.
B.
In addition to the fees required in Subsection A of this section, the Planning Board shall adjust the fees sufficiently to reimburse the town for the cost of professional consultation fees and other expenditures attributable to the proposal. The Planning Board may establish an escrow account funded by the applicant prior to the Board authorizing the performance of consulting services regarding the proposal.
A.
It is the intent of this chapter to incorporate the
consideration of steep slope protection into the town'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 approval authority may undertake in connection with other
applications that are directly related.
B.
A preliminary informal consultation with the approval
authority may be requested by the applicant so as to present his preliminary
proposal and receive comments on such proposal.
C.
In the case of permits sought in conjunction with
subdivision approval, the Planning Board shall hold a public hearing
on the requested permit concurrently with the public hearing on preliminary
subdivision plat approval. Public notice and notice to interested
parties of the steep slope permit hearing shall be provided along
with the notice required by the Town Code for the hearing on preliminary
subdivision plat approval. The Planning Board shall issue a final
written decision on the steep slope permit as part of the decision
on final subdivision plat approval.[1]
D.
In the case of permits sought in conjunction with
site plan approval, the Planning Board shall hold a public hearing
on the requested permit concurrently with the public hearing on site
plan approval. Public notice and notice to interested parties of the
steep slope permit hearing shall be provided along with the notice
required by the Town Code for the public hearing on site plan approval.
The Planning Board shall issue a final written decision on the steep
slope permit as part of the decision on site plan approval.[2]
E.
In the case of all other permits, the Planning Board shall hold a
steep slope permit public hearing within 30 days of its finding that
the application is complete. Notice of said hearing and of the substance
of the application shall be given by publication in the official newspaper
of the Town at least 10 days before the date of such hearing. In addition
to such published notice, the Planning Board shall cause such notice
to be mailed at least 10 days before the hearing to all owners of
property which lies within 500 feet of any lot line of the property
for which the permit is sought and to such other persons as the Planning
Board may deem advisable. The names of said owners shall be taken
as they appear on the last completed tax roll of the Town. Provided
that due notice shall have been published as above provided and that
there shall have been substantial compliance with the remaining provisions
of this subsection, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate action taken by the Planning
Board in connection with the granting of a permit. All application
materials, maps and documents relating thereto shall be open for public
inspection at the Building and Planning Department. Within 30 days
of the close of the public hearing, the Planning Board shall render
a written decision on the application. Nothing in this section is
to be construed as authorization for a default approval in the event
that these periods are exceeded.
[Amended 12-15-2015 by L.L. No. 5-2015]
F.
Any approval, conditional approval or denial of a
steep slope permit shall be in writing. In the case of a denial or
conditional approval, such written decision will state the reasons
for the denial and/or the conditions of approval.
G.
Notification of steep slope permit application.
[Added 12-15-2015 by L.L.
No. 5-2015]
(1)
Every applicant that submits an application for a steep slope permit
to the Planning Board must post one or more notification signs on
the property which is the subject of said application within three
days of acceptance of the application by the Planning Board and must
maintain the posted sign(s) place until the Planning Board has rendered
its final decision approving or denying said application. The sign(s)
shall be erected not more than 10 feet from each boundary of the property
that abuts a public road and must be conspicuous to the public. The
bottom edge of each sign so erected shall be positioned no less than
14 inches and no more than 36 inches above the ground. In the event
that the subject property abuts more than one road, additional signs
will be posted facing each road on which the property abuts. If the
sign's visibility is obscured by vegetation, the applicant must
cut the vegetation to a degree sufficient to maintain clear visibility
of the sign from the road. If the property does not abut a public
road, one or more signs shall be posted in Town-approved locations
that can readily be seen by the public. Any sign erected under this
provision must be removed within 10 days after the Planning Board
has rendered its final decision approving or denying said application.
(2)
In the event that an application shall be withdrawn or become inactive,
the applicant shall remove the sign(s) within five business days of
withdrawing the application or of receiving notice from the Planning
Board that the application has been designated inactive. For the purposes
of this section, any application which has not appeared on the Planning
Board's agenda for six or more months shall be designated inactive.
The Planning Board shall notify the applicant in writing that the
application has become inactive and instruct the applicant to remove
the sign(s) until such time as the application shall be reactivated.
Once the application is reactivated, the sign(s) shall be posted within
three days.
(3)
The Town of Ossining will supply the sign(s), and the initial cost
will be included in the application fee. The applicant will be responsible
for maintaining said sign(s) in good condition so as to be visible
to and readable by the public. The applicant shall be responsible
for replacing any sign(s) that are damaged, destroyed, lost or stolen
during the pendency of the application. A replacement fee will be
charged for each sign that needs to be replaced. The amount of said
replacement fee shall be determined from time to time by the Town
Building Inspector.
(4)
Prior to the commencement of any public hearings or, if no public
hearings are required, prior to the rendering of any decision disposing
of any application, the applicant shall submit a sworn certification
on a form provided by the Town, together with legible photographic
evidence, to verify the placement and maintenance of the required
sign(s). If the certification is not timely submitted, any scheduled
public hearings shall be canceled, subject to rescheduling, and any
dispositive action by the Planning Board shall be deferred until timely
certification is submitted. In the event of repeated or continued
noncompliance with these sign posting and certification requirements,
the application may be dismissed at the discretion of the Planning
Board.
A.
Steep slope permits issued pursuant to this chapter
shall contain conditions including the following:
(1)
The permit shall expire on a specified date.
(2)
The permit holder shall notify the Building Inspector
and the Building and Planning Department of the date on which the
work is to begin, at least five days in advance of such date.
(3)
The approval authority's permit shall be prominently
displayed at the project site during the undertaking of the activities
authorized by the permit.
C.
Performance guaranty; maintenance guaranty.
(1)
The approval authority shall require that, prior to
commencement of work under any permit issued pursuant to this chapter,
the applicant shall post with the approval authority a performance
guaranty or bond in an amount recommended by the Building Inspector
or the Town Consulting Engineer, and with surety and conditions approved
by the Town Counsel, sufficient to secure compliance with the permitted
work, and with the conditions and limitations set forth in the permit.
The particular amount and the conditions of the performance guaranty
shall be consistent with the purposes of this chapter. The performance
guaranty shall remain in effect until the approval authority or its
designated agent certifies in writing that the work has been completed
in compliance with the terms of the permit and the performance guaranty
is released by the approval authority, or until a substitute performance
guaranty is provided. In the event of a breach of any condition of
any permit, the approval authority may obtain and make appropriate
use of the proceeds of the performance guaranty.
(2)
The performance guaranty shall be converted into a
maintenance guaranty upon completion of the work. The amount of the
maintenance guaranty shall be 25% of the amount of the performance
guaranty. The maintenance guaranty shall remain in effect for a period
of one year from the date of acceptance by the Town Board. The date
of acceptance of the maintenance guaranty shall be the same as the
date of release of the performance guaranty.
D.
Expiration of permit; extensions.
(1)
All permits shall expire on completion of the acts
specified therein and, unless otherwise indicated, shall be valid
for a period of one year from the date of issue, provided that no
permit granted pursuant to this chapter shall be valid for greater
than a period of three years from the date of issue. The approval
authority may extend the time in which the acts specified in the permit
must be completed if, in its opinion, such extension is warranted
by the particular circumstances involved, provided that in the case
of a permit where no work on the steep slope(s) has been accomplished,
extensions shall not exceed two additional periods of 90 days each,
in which case, should a permittee fail to complete the acts specified
in the permit prior to the expiration of the second ninety-day extension,
at the discretion of the approval authority, the original permit may
become null and void, and an application would then need to be made
for a new permit. The request for a new permit shall follow the same
form and procedure as the original application, except that the approval
authority shall have the option of not holding a public hearing if
the original intent of the permit is not altered or extended in any
significant way.
(2)
In the case of a permit where the work on the steep
slope(s) is partially completed, the number and length of extensions
shall be at the sole discretion of the approval authority.
(3)
A request for an extension of an original permit shall
be made in writing to the approval authority at least 30 days prior
to the expiration date of the original permit and each extension.
A.
Permits, including all of their conditions, shall
be binding on successors and assignees of the applicant. Upon receipt
of a steep slope permit, the applicant may obtain a work permit from
the Building Inspector to commence the actual work within the steep
slope area. The work permit will be valid for a period of one year
or until expiration of the steep slope permit, whichever occurs first.
B.
Following completion of the work, the applicant shall
submit a certification by a landscape architect, architect or professional
engineer that the completed work meets the requirements of the steep
slope permit. The Building Inspector will verify that the work has
been completed in accordance with such permit. Submission of an as-built
survey may be required by the approval authority.
C.
The Building Inspector shall not issue a certificate
of occupancy or certificate of use until the Building Inspector has
verified that all work has been completed in accordance with the steep
slope permit.
D.
Any proposed revision to work covered by a steep slope
permit shall be reviewed by the Building Inspector. Where the Building
Inspector determines that a substantial revision is proposed, the
submission of a new application to the approval authority shall be
required.
Any final determination, decision or order of the Building Inspector or Planning Board may be appealed by means of the procedure specified for zoning matters in Chapter 200, Zoning, of the Ossining Town Code.
