Village of Rye Brook, NY Article II Regulated Activities and Review Standards

§ 213-5 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 ground maintenance which does not require disturbance of existing terrain, including mowing, trimming of vegetation and removal of dead or diseased vegetation, provided that such activity does not involve regrading, and further provided that such activity conforms with all other applicable laws and regulations.

(2) The disturbance to steep slopes under temporary emergency conditions, as determined by the Superintendent of Public Works/Village Engineer, where such disturbance is necessary to protect persons or property from present and imminent danger.

[Amended 10-27-2020 by L.L. No. 9-2020]

(3) Repair of existing walkways and walls.

(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 an allowable activity as defined above, on any existing or proposed steep slope in the absence of a steep slope work permit issued by the Building Inspector.

§ 213-6 Review standards.

A. Consideration. In granting, denying or conditioning any permit, 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.

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

(3) The suitability or unsuitability of the proposed activity to the area for which it is proposed.

(4) The effect of the proposed activity 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 deemed necessary to satisfy the goals, objectives and review standards set forth in this chapter, including but not limited to the following:

(1) The padding or terracing of building sites shall be minimized to the maximum extent practicable.

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

(3) The natural elevations and vegetative cover of ridgelines shall be protected from disturbance to the maximum extent possible.

(4) All regrading shall blend in with the natural contours of the land.

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

(6) 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; generally, for soils, cut and fill slopes shall be not steeper than two horizontal to one vertical.

(7) 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.

(8) Tops and bottoms of cut and fill slopes shall be set back from existing and proposed property lines a distance at least equal to the lesser of three feet plus 1/5 of the height of the cut or fill, or 10 feet.

(9) 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 need not exceed 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.

(10) The use of explosives shall be avoided to the maximum 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 Village 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.

(11) 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.

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

(13) Permanent vegetative cover, as specified in the Westchester County Best Management Practices Manual for Erosion and Sediment Control (1991), as may be amended, shall be planted within three days after completion of final grading. Not withstanding the sentence above, where final grading and permanent planting cannot be established within a short period of time, temporary seeding or mulching 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 Superintendent of Public Works/Village Engineer may modify these specified time periods.

[Amended 10-27-2020 by L.L. No. 9-2020]

(14) Measures for the control of erosion and sedimentation shall be undertaken in accordance with the Westchester County Best Management Practices Manual for Erosion and Sediment Control (1991) and Chapter 118, Erosion and Sediment Control in the Village Code of Rye Brook, 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.

[Amended 6-24-2003 by L.L. No. 9-2003]

(15) Topsoil that will be stripped from all areas of disturbance 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.

(16) 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.

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

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

(1) That the proposed activity and the manner in which it is to be accomplished are in accordance with the findings and policy set forth in § 213-1 of this chapter.

(2) That the proposed activity 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 maximum extent practicable.

(3) That the proposed activity 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 activity 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 regulated activity is compatible with the public health and welfare.

(6) That the proposed regulated activity 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.