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.
A.
For the purpose of this chapter, certain words and
terms used herein are defined as follows.
B.
ANGLE OF REPOSE
APPLICANT
APPROVAL AUTHORITY
BUILDING INSPECTOR
DISTURBANCE
DISTURBED AREA
EXCAVATION
FILL
GRADING
MATERIAL
PERSON
PLANNING BOARD
PROJECT
STATE ENVIRONMENTAL QUALITY REVIEW ACT
STEEP SLOPE
(1)
(a)
(b)
(c)
(2)
STEEP SLOPE WORK APPROVAL
STEEP SLOPE WORK PERMIT
STRUCTURE
VILLAGE
VILLAGE BOARD
VILLAGE ENGINEER
All words used in the present tense include the future
tense; all words in the plural number include the singular number;
and all words in the singular number include the plural number, unless
the natural construction of the wording indicated otherwise. The word
"lot" includes the word "plat"; the word "building" includes the word
"structure"; and the word "shall" is mandatory and not directory.
The word "use" is deemed also to include "designed, intended, or arranged
to be used." Unless otherwise specified, all distances shall be measured
horizontally.
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.
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the Village of Rye Brook and its governmental agencies, who requests
the approval authority to approve disturbance to a steep slope, or
to whom a steep slope approval or a steep slope work permit has been
granted under the provisions of this chapter.
The Village agency(s) or public official(s) empowered to
administer the permit procedures of this chapter.
The Building Inspector of the Village of Rye Brook.
The removal of vegetation, 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 activity which removes or significantly disturbs rock,
gravel, sand, soil, or other natural deposits.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
Adjusting the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
All liquid, solid or gaseous substances.
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 Rye Brook.
Any proposed or ongoing action that may result in direct
or indirect physical impact on a steep slope, including, but not limited
to, any regulated activity.
The law, pursuant to Article 8 of the New York Environmental
Conservation Law, providing for the environmental review of actions.
Any geographical area, whether on a single lot or lots, or
a portion of a lot having a topographical gradient of 15% or greater
(ratio of vertical distance to horizontal distance) with a minimum
area of 100 square feet.
Steep slopes are further categorized as:
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 within a project
area shall determine approval authority jurisdiction and review procedures.
The written form of authorization issued by the approval
authority and required by this chapter prior to the issuance of a
steep slope work permit by the Building Inspector and commencement
of work within a regulated steep slope area.
The written form of permission to commence work within a
regulated steep slope area issued by the Building Inspector.
Anything constructed or erected, the use of which requires
location on the ground or attachment to some thing having location
on the ground.
The Village of Rye Brook.
The Village of Rye Brook Board of Trustees.
The Engineer for the Village of Rye Brook.
The applicant shall be responsible for having
the boundaries of the steep slope area determined by field investigation,
flagging and subsequent survey by a licensed land surveyor. The approval
authority may also consult, at the expense of the applicant, and/or
may also require the applicant to consult with a landscape architect,
architect, professional engineer, soil scientist or other experts
and professionals as deemed necessary to make this determination.
The Village shall maintain a map at Village Hall showing a general
description of steep slope areas, which shall be available to the
public. The existence of said map shall be for guidance to applicants,
who shall in all cases have the obligation of determining if their
property contains steep slopes and the delineation thereof. The absence
of such a map shall not relieve the applicant from the requirements
of this chapter.
The provisions of this chapter shall apply to all lands defined and/or designated as an area containing steep slopes as determined in accordance with § 213-3.
