City of Peekskill, NY Article II Regulated Activities and Review Standards

§ 488-5 Allowable and regulated activities.

A. Allowable activities. The following activities within a steep slope area shall be allowed without a steep slope work permit:

(1) Normal grounds maintenance including mowing, trimming of vegetation and removal of dead or diseased vegetation, provided that such work does not involve regrading. Any such maintenance may involve the removal of roots of living vegetation or the intentional killing of living vegetation or other normal maintenance activities associated with residential landscapes and minor revegetation plans provided that such work is promptly and properly stabilized in accordance with this chapter and further provided that such work conforms with all other applicable laws and regulations.

(2) The disturbance to steep slopes under temporary emergency conditions, as determined by the City Engineer or City Building Inspector, where such disturbance is necessary to protect persons or property from present and imminent danger.

(3) Repair of existing walkways and walls (without any expansion).

(4) 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. It shall be unlawful to create a new steep slope area or to create any disturbance, other than allowable work as defined above, on any existing steep slope area as defined herein without first obtaining a steep slope work permit issued by the Department of Public Works/Building Inspector. If activities or work disturbs a steep slope area greater than 100 square feet in size, a steep slope work permit shall be required.

[Amended 6-24-2019 by L.L. No. 3-2019]

§ 488-6 Review standards.

A. Considerations. In granting, denying or conditioning any steep slope work approval, 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, including visual and physical impacts to adjoining properties and overall visual aesthetic considerations.

(2) The alternatives to the proposed work, including the avoidance of the disturbance of the steep slope area and the availability of preferable alternative locations for the work on the subject parcel or on any other adjacent parcel under the control of the applicant.

(3) The suitability or unsuitability of the proposed work to the area for which it is proposed. This evaluation should include a finding that the work is appropriate for the landform and overall character of the surrounding area.

(4) The effect of the proposed work 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 approval authority shall establish conditions of approval which it deems necessary to satisfy the goals, objectives and review standards set forth in this chapter, including but not limited to the following:

(1) Clear-cutting of vegetation is strictly prohibited.

(2) The padding or terracing of building sites shall be minimized to the greatest extent practicable unless the approval authority finds same to be appropriate to the site.

(3) The alignment of roads and driveways shall follow the natural topography to the greatest extent practicable, shall minimize regrading and shall comply with design standards for maximum grades as set forth in the City Code.

(4) The natural elevations and vegetative cover of ridgelines shall be protected from disturbance to the greatest extent practicable.

(5) All regrading shall blend in with the natural contours of the land. A finding shall be made that work is appropriate for the landform and overall character of the surrounding area. Visual effects and aesthetics shall also be considered.

(6) All erosion control measures shall be designed and installed on the subject property in such manner as to eliminate or satisfactorily reduce the potential for an adverse effect on a neighboring property.

(7) Cuts and fills shall be shaped to eliminate sharp angles at the top, bottom and sides of regraded slopes.

(8) 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. Any slope steeper than two horizontal to one vertical requires slope stabilization measures and certification by a licensed professional engineer.

(9) 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.

(10) Tops and bottoms of cut and fill slopes shall be set back from existing and proposed property lines a distance at least equal to or greater than three feet plus 1/5 of the height of the cut or fill, but in no case less than 10 feet.

(11) 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 in no case less than 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 at the discretion of the approval authority.

(12) The use of explosives shall be avoided to the greatest 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 City 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.

(13) 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.

(14) The disturbance of existing vegetative ground cover shall not take place more than seven days prior to commencing grading and construction.

(15) Permanent vegetative cover, as specified in the New York Standards and Specifications for Urban Erosion and Sediment Control (2005) as may be amended as described in Subsection B(23) and (24) hereof, shall be planted within three days after completion of final grading. Notwithstanding the sentence above, where final grading and permanent planting cannot be established within a short period of time, temporary measures as described in Subsection B(23) hereof 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 City Engineer may modify these specified time periods.

(16) Measures for the control of erosion and sedimentation shall be undertaken in accordance with the New York Standards and Specifications for Urban Erosion and Sediment Control, as amended, and the City's regulations pertaining thereto, including Chapter 480, Soil Removal and Excavations, as may be amended, Chapter 492, Stormwater Management and Erosion and Sediment Control, 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.

(17) Topsoil that will be stripped from all disturbed areas shall be stockpiled in a manner so as to prevent erosion and sedimentation and shall be replaced on the site as a component of final grading.

(18) 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.

(19) Compaction of fill materials in fill areas shall be such that it ensures support of proposed structures and stabilization for intended uses.

(20) Submission of a construction phasing and/or staging plan. Such plans shall be required for sites that involve development of more than one lot, or retaining walls in excess of 35 feet in length, or as deemed necessary by the approval authority. In addition to the geographic extent of a phase, the construction phasing plan should include a description of the time frame of construction including expected duration and sequence of activities.

(21) Procuring of an excavation permit and adherence to standards outlined in Chapter 480 of the City Code.

(22) Establishment of limitations on the amount of site or area of steep slope (i.e., disturbed area) that may be disturbed at any one time.

(23) Temporary soil stabilization measures, including but not limited to the application of netting (also known as erosion control blankets) and/or mulching or other ground cover, applied by hand or mechanical means, to secure soil during the interim periods of construction where the soil may otherwise remain exposed and grading activity in the area(s) of disturbance would be temporarily halted for more than seven days, must be applied to the area(s) of disturbance within two days of establishing the interim grades and maintained until construction resumes in those areas.

(24) Permanent stabilization measures, which may include the types of measures similar to the temporary measures described above, must be applied within three days of establishing the final grades and maintained through the grow-in period.

(25) All proposed disturbance of steep slopes shall be undertaken with consideration of the soils limitations characteristics contained in the Identification Legend, Westchester County Soils Survey, latest edition, as prepared by the United States Department of Agriculture, Soil Conservation Service, in terms of recognition of limitation of soils on steep slopes for development and application of all mitigating measures and as deemed necessary by the approval authority.

(26) Topsoil shall be stripped from all areas of disturbance, stockpiled and stabilized in a manner to minimize erosion and sedimentation and replaced elsewhere on the site at the time of final grading. Stockpiling shall not be permitted on slopes of greater than 10%.

C. Determinations. In granting steep slope work approval under this chapter, the approval authority shall determine the following:

(1) That the proposed work and the manner in which it is to be accomplished are in accordance with the findings and policy set forth in § 488-1 of this chapter.

(2) That the proposed work 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 greatest extent practicable.

(3) That the proposed work 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 work 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 work cannot practicably be relocated 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.