As used in this chapter, the following terms
shall have the meanings indicated:
The maximum angle at which the exposed face of various soil
and rock materials can deviate from the horizontal without incurring
the likelihood of a slope failure.
A person requesting a site development plan permit from the
Village or a person to whom a site development plan permit has been
granted in accordance with the provision of this chapter.
The Village agency or public official empowered to administer the permit procedures of this chapter, as specified in § 119-4 hereof.
The Building Inspector of the Village of Pomona, New York,
or his authorized representative.
The removal of vegetation, except as specifically permitted in § 119-2B herein, or the filling, excavation, regrading or removal of soil, rock or retaining structures in areas of steep slope, whether by manual labor, machine or explosive. The condition of disturbance will be deemed to continue until the area of disturbance is revegetated and/or permanently stabilized.
Any steep slope area for which a disturbance is proposed
or is ongoing.
Any person, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including
public agencies and municipal corporations.
The Planning Board of the Village of Pomona, New York.
Any tree having historical value as determined by resolution
of the Board of Trustees or any tree that has a circumference of 45
inches or more measured at a height of 4 1/2 feet above existing
ground level at the base of the tree on the uphill side.
[Added 9-7-2004 by L.L. No. 4-2004]
Long, narrow landforms found among the highest elevations
in the region and associated with mountain chains.
The written form of Village approval granted by the approving
authority and required by this chapter for the issuance of a work
permit and the conduct of any steep slope regulated activity.
Any geographical area proposed for disturbance,
whether on a single lot or not, having a topographical gradient of
15% or greater (ratio of vertical distance to horizontal distance)
with a minimum horizontal dimension of 10 feet, whether man-made or
natural, and whether created by a retaining structure or not. Steep
slopes are further categorized as:
[Amended 2-28-2005 by L.L. No. 1-2005]
MODERATELY STEEP SLOPEA slope equal to or greater than 15% but less than 25%;
VERY STEEP SLOPEA slope equal to or greater than 25% but less than 35%;
EXTREMELY STEEP SLOPEA slope equal to or greater than 35%.
The most steeply sloped area that meets the
minimum area threshold, as specified above, shall determine approving
authority jurisdiction and review procedures.
If the areas of proposed disturbance within
each of the three categories of steep slope are individually less
than the minimum areas defined above, then the area of all continuous
steeply sloped areas proposed for disturbance shall be merged as specified
herein. A steep slope area shall be regulated pursuant to the provisions
of this chapter if the total of all such steeply sloped areas proposed
for disturbance, as adjusted according to the weighing factors identified
below, exceeds a sum of 3/10 acre or 13,068 square feet.
[Amended 2-22-1999 by L.L. No. 2-1999]
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Moderately steep slope area x 1.0
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+
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Very steep slope area x 1.5
| |
|
+
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Extremely steep slope area x 2.0
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=
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Total weighted area
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If no steep slope meets or exceeds the minimum
area requirement for a steep slope, but the total weighted area of
two or more slope categories exceeds 13,068 square feet (3/10 acre),
then the single slope category that has the largest area after the
application of the relevant weighing factor shall determine approving
authority jurisdiction and review procedures. All area measurements
of square feet shall be to the nearest whole number.
The duly appointed Village Attorney for the Village of Pomona,
New York.
The duly appointed Village Engineer of the Village of Pomona,
New York, or his duly appointed and authorized representative.
The written approval issued by the Building Inspector permitting
the actual commencement and continuation of work within a steep slope
regulated area, consistent with the conditions, terms and requirements
of the site development plan permit issued by the approving authority.
