Town of Somers, NY Article I General Provisions

§ 148-1 Title.

This chapter shall be known and may be cited as the "Steep Slopes Protection Ordinance of the Town of Somers, New York."

§ 148-2 Legislative findings and intent.

The Town Board of the Town of Somers makes the following findings regarding steep slopes, as defined below, of the Town:

A. Steep slopes have been or are in jeopardy of being destroyed by unregulated regrading, filling, excavating, building, clearing and other such acts which are inconsistent with the natural condition or acceptable uses of steep slopes. Steep slopes in Somers are environmentally sensitive land forms and valuable natural resources which are of benefit to the entire Town and the surrounding region. The environmental sensitivity of steep slopes often results from such features as shallow soils over bedrock, bedrock fractures, groundwater seeps, watercourses and other wetlands found on or immediately adjacent to steep slopes.

B. Protection of steep slopes is a matter of concern to the entire Town. The establishment of regulatory and conservation practices in this critical area are needed to protect the public health, safety and general welfare. Experience has demonstrated that effective protection of steep slopes requires preservation, wherever possible, and careful review and regulation, including stringent mitigating measures, of disturbance of soil and vegetation on steep slopes where they have to be disturbed.

C. The improperly managed disturbance of steep slopes can aggravate erosion and sedimentation beyond rates experienced in natural geomorphological processes. Erosion and sedimentation often include the loss of topsoil, a valuable natural resource, and can result in the disturbance of habitats, degradation of the quality of surface water, alteration of drainage patterns, obstruction of drainage structures and intensification of flooding.

D. The inadequately controlled disturbance of certain steep slopes can lead to the failure of slopes and the mass-movement of earth; damage to natural environment, man-made structures and personal safety; and the degradation of aesthetics.

E. Steep slopes, including vegetation and rock cliffs, are an important environmental feature that contribute to the character of the Town of Somers. Overdevelopment or improperly managed disturbance are detrimental to the character of the Town.

F. Regulation of steep slopes is consistent with the legitimate interests of landowners to make reasonable use of their land. Regulation can prohibit the degradation of steep slopes and allow reasonable use of private property by encouraging flexible design of development so as to avoid disturbance of steep slopes. Regulation can also permit environmentally sound disturbance of steep slopes conducted in accordance with acceptable engineering practices to permit reasonable use of private property.

G. Steep slopes protection. It is declared to be the intent of the Town of Somers to preserve steep slopes to the greatest extent practicable and to regulate their use within the Town of Somers to protect the public interest by ensuring the maximization of benefits found to be provided by the preservation of steep slopes and by ensuring the minimization of detrimental effects through the practice of properly managed disturbance of steep slopes, as set forth in § 148-2.

H. Landowners' protection. These regulations are enacted with the intent of providing a reasonable balance between the rights of the individual property owner to the fair use of his property and the rights of present and future generations. Therefore, this chapter recognizes the rights of owners of property exhibiting steep slopes to use their property for reasonable purposes consistent with other regulations and controls, provided that such use, in the judgment of the appropriate agencies or officials of the Town of Somers, does not result in a significant loss or degradation of steep slopes or the benefits which they have been found to fulfill in the Town of Somers.

§ 148-3 (Reserved)

§ 148-4 Definitions.

A. Customary meaning. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future and the plural includes the singular. The word "shall" is intended to be mandatory.

B. Defined phrases. As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

See "person."

APPROVAL AUTHORITY

The Town agency or public official empowered to administer the permit procedures of § 148-8. The approval authority shall be:

(1) The Planning Board of the Town of Somers for any activity requiring a permit as specified in § 148-6A and B and for any activity which is only a part of another application to the Planning Board for approval such as a subdivision or site plan.

(2) The Town Engineer of the Town of Somers for any activity requiring a permit as specified in § 148-6C except when part of another application to the Planning Board for approval, such as a subdivision or site plan.

CUSTOMARY LANDSCAPING

The following activities: lawn mowing, using hand or mechanical equipment; flower, tree and shrub planting; noncommercial gardening; activities not associated with construction activities; tree and shrub trimming; the removal of dead or diseased trees and shrubs; and all other free removal not subject to a tree removal permit pursuant to Chapter 156 of the Town of Somers Town Code, all of which may be described as activities which may be carried out using hand tools without the use of construction equipment.

[Amended 10-17-2002 by L.L. No. 8-2002]

DISTURBANCE

The removal of vegetation and the filling, excavation, regrading or removal of soil, rock or retaining structures in a minimum area of 100 square feet of steep slopes, whether by labor, machine or explosive. The condition of disturbance shall be deemed to continue until the area of disturbance is revegetated or permanently stabilized.

PERMIT

That form of Town approval required by this chapter for the conduct of any regulated activity within any area of the Town of Somers defined as a steep slope.

PERSON or APPLICANT

Any individual, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, who requests the approval authority to issue a permit.

STEEP SLOPE

(1) Any geographical area, whether on a single lot or not, consisting of at least 10,000 square feet, having a topographical gradient of 15% or more (ratio of vertical distance to horizontal distance) and a minimum horizontal distance of 10 feet, whether man-made or not and whether created by a retaining structure or not. Steep slopes are further categorized as:

(a) MODERATELY STEEP SLOPE A slope equal to or greater than 15% but less than 25%.

(b) VERY STEEP SLOPE A slope equal to or greater than 25% but less than 35%.

(c) EXTREMELY STEEP SLOPE A slope equal to or greater than 35%.

(2) If the land area of one of these three categories is less than 10,000 square feet, that land area shall be considered as part of any adjacent land in the next slope category.

TOWN ENGINEER

The duly appointed Town Engineer or his duly appointed and authorized designee.