A.
Title. This chapter shall be known as the "Steep Slope Protection Law of the Village of Rye Brook." It is a chapter regulating the disturbance of steep slopes in the Village of Rye Brook.
B.
Findings and policy. The Board of Trustees of the Village of Rye Brook finds and declares it to be the public policy of the Village to regulate, preserve, protect and conserve its steep slopes so as to maintain and protect the natural terrain and its vegetative features, preserve wetlands, water bodies and watercourses, prevent flooding, protect important scenic views and vistas, preserve areas of wildlife habitat, provide safe building sites and protect the subject property and the adjoining property by preventing erosion, creep and sudden slope failure. In this connection the Village Board finds as follows:
(1)
Protection of steep slopes is a matter of concern to the entire Village. Once a steep slope is disturbed, that disturbance is, for all practical purposes, irreversible. The establishment of regulatory and conservation practices to prevent disturbance of steep slopes is needed to protect the public health, safety and general welfare. Experience has demonstrated a need for effective protection of steep slopes, including careful review and regulation and the implementation of stringent mitigation measures where, in the opinion of the Planning Board, no practicable alternative to such disturbance exists. However, in all cases where the Planning Board determines that total avoidance of steep slopes is not practicable, such disturbance should constitute the minimum disturbance necessary to ensure the property owner a reasonable use of the property.
[Amended 3-22-2005 by L.L. No. 5-2005]
(2)
The disturbance of steep slopes can aggravate erosion and sedimentation beyond rates experienced in natural geomorphologic 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 and wetlands, alteration of drainage patterns, the gullying of land, the obstruction of drainage structures, the intensification of flooding both on and off the subject site, the failure of slopes and the mass movement of earth and danger to the natural environment, man-made structures and the safety of persons.
(3)
Steep slopes, including vegetation and rock outcroppings located thereon, are important environmental features that contribute significantly to the visual impression one forms while traveling through the Village. Overdevelopment of or improperly managed disturbance to these steep slopes is detrimental to the visual character of the Village.
(4)
Regulation can allow the reasonable use of private property by encouraging flexible development design to avoid disturbance of steep slopes. Regulation can also permit environmentally sound disturbance of steep slopes conducted in accordance with acceptable engineering practices.
(5)
To minimize the potential adverse impacts of development on steep slopes, the Village should seek the preservation of such areas by the use of flexible site design, including the application of § 7-738 of the New York State Village Law, the establishment of conservation easements and other land preservation techniques.
(6)
These regulations are enacted with the intent of providing a reasonable balance between the rights of the individual property owners and the public interest in preserving the valuable functions of steep slopes.