The approval authority for all applications
for steep slope permits shall be as follows:
A.Â
For any application that involves a disturbance in
an area of very steep slope or extremely steep slope, the Planning
Board shall be the approval authority for the steep slope work permit,
except in the case of any isolated steep slope with an area of less
than 400 square feet where the Superintendent of Public Works/Village
Engineer shall be the approval authority.
[Amended 3-22-2005 by L.L. No. 5-2005; 10-27-2020 by L.L. No.
9-2020]
B.Â
Where the Village Board or the Planning Board, where
applicable, is processing a site plan or subdivision application,
the Planning Board shall be the approval authority for any steep slope
work permit required in connection with such application.
[Amended 3-22-2005 by L.L. No. 5-2005]
A.Â
Application contents. Ten copies of the application
and an application review fee as provided for in the Village License
and Permit Fee Schedule maintained by the Village Clerk shall be submitted
to the Superintendent of Public Works/Village Engineer. The application
shall contain the following information:
[Amended 6-24-2003 by L.L. No. 9-2003; 10-27-2020 by L.L. No.
9-2020]
(1)Â
Name and address of owner and applicant.
(2)Â
Street address and Tax Map designation of property
to which the application pertains.
(3)Â
Statement of consent from the owner for any agent
making application.
(4)Â
A written narrative explaining the nature of the proposal,
including the proposed work and purpose thereof, any future development
proposals for the property and whether alternative locations exist
for the proposed activity.
(5)Â
A site plan, which shall be drawn at a scale no less
detailed than one inch equals 50 feet and prepared by a landscape
architect, architect or professional engineer licensed in the State
of New York and showing the following information for all areas on
the subject site that contain steep slopes:
(a)Â
The location of proposed structures, septic
systems, wells and driveways.
(b)Â
The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads and affected wetlands as defined in Chapter 245, Freshwater Wetlands, of the Village Code, if any, within 50 feet of the boundaries of the proposed disturbed area.
(c)Â
The existing topography in the proposed area
of disturbance at a contour interval of not more than two feet. Contours
shall be shown for a distance of 50 feet or greater beyond the limits
of the proposed area of disturbance. The contour map shall be prepared,
signed and sealed by a professional land surveyor licensed to practice
in New York State. The elevations and contours on said map shall be
in United States Geological Survey (USGS) datum, latest revision.
(d)Â
The location and size of areas of extremely
steep slope, very steep slope and moderately steep slope, under existing
and proposed conditions, in the area of proposed disturbance and within
a distance of 50 feet thereof.
(e)Â
The proposed final contours at a maximum of
two-foot contour intervals in the proposed disturbed area and to a
distance of 50 feet beyond; elevations of the site and adjacent lands
within 200 feet of the proposed work site at contour intervals of
no greater than 10 feet; and proposed surface materials or treatment.
(f)Â
An erosion and sediment control plan in accordance with Chapter 118, Erosion and Sediment Control.
(g)Â
The details of any surface or subsurface drainage
system proposed to be installed, including special erosion control
measures designed to provide for proper surface or subsurface drainage,
both during the performance of the work and after its completion.
(h)Â
A description of the existing and proposed vegetative
cover of the regulated area.
(i)Â
Location of the construction area and the area
proposed to be disturbed and their relation to property lines, roads,
buildings and watercourses within 250 feet thereof.
(j)Â
The exact locations, specifications and amount
of all proposed draining, filling, grading, dredging and vegetation
removal or displacement and the procedures to be used to do the work.
(k)Â
Location of all wells and depths thereof and
all sewage disposal systems.
(l)Â
A completed environmental assessment form in
accordance with the New York State Environmental Quality Review Act.
(6)Â
A list of all applicable Village, county, state and
federal permits that are required for such work or improvement.
(7)Â
A list of names of owners of record of lands adjacent
to the steep slope area in which the project is proposed to be undertaken.
(8)Â
Payment of all applicable fees.
B.Â
Additional information. The following information
and materials shall be supplied if requested by the approval authority
or the Village Planning Board, upon referral by the Village Board:
(1)Â
A site plan or site plans drawn at a scale of not
less than one inch equals 50 feet, prepared by a landscape architect,
architect, or professional engineer licensed in the State of New York
showing:
(a)Â
Cross sections of all disturbed steep slope
areas.
(b)Â
Existing soils within 50 feet of the proposed
disturbed area, taken from field investigations by a soils scientist
and classified into hydrologic soil groups. The depth to bedrock and
depth to water table, K-factors, and soil and rock strata in all areas
of proposed disturbance shall be identified.
(c)Â
A cut/fill map delineating proposed areas of
disturbance at affected depths in increments of zero to three feet,
three to six feet, six to 10 feet, and 10 feet and over, and the estimated
material quantities of cut/fill.
(d)Â
A slope map showing existing and proposed slopes within the proposed disturbed area for each of the soil types described in Subsection B(1)(b) above.
(e)Â
A stabilization and revegetation plan.
(f)Â
Other information, including specific reports
by qualified professionals regarding soils, geology and hydrology,
as may be determined to be necessary by the approval authority.
(2)Â
A plan with the existing topography of the watershed
tributary to the disturbed area presented at a scale of not more than
one inch equals 100 feet. This map shall show existing and, if required
by the approval authority, proposed controls and diversions of upland
water.
(3)Â
Estimates for the proposed site improvements, which
shall be certified by a professional engineer, architect, or landscape
architect licensed in the State of New York.
(4)Â
Any additional information as needed. Such additional
information may include, but is not limited to, the study of flood,
erosion or other hazards at the site; the effect of any protective
measures that might be taken to reduce such hazards; and any other
information deemed necessary to evaluate the proposed use in terms
of the goals and standards hereof.[1]
[1]
Editor's Note: Former Subsection C, Referrals,
which immediately followed this subsection, was repealed 3-22-2005
by L.L. No. 5-2005.
A.Â
An application fee and inspection fee in amounts set
forth in a fee schedule established from time to time by the Village
Board shall be submitted with the application.
B.Â
In addition to the fees required in Subsection A of this section, the Planning Board shall require the applicant to place in escrow with the Village a fee sufficient to reimburse the Village for the cost of professional consultation fees and other expenditures attributable to the proposal. The Planning Board may establish an escrow account funded by the applicant prior to the Board authorizing the performance of consulting services regarding the proposal.
[Amended 3-22-2005 by L.L. No. 5-2005]
A.Â
It is the intent of this chapter to incorporate the
consideration of steep slope protection into the Village's existing
land use and development approval procedures in conjunction with the
procedures of the New York State Environmental Quality Review Act.
To the maximum extent possible, the review, hearings and decisions
upon any application processed under this chapter will run concurrently
with similar procedures that the approval authority may undertake
in connection with other applications that are directly related.
B.Â
A preliminary informal consultation with the Superintendent
of Public Works/Village Engineer may be requested by the applicant
to present his preliminary proposal and receive comments on such proposal.
[Amended 10-27-2020 by L.L. No. 9-2020]
C.Â
For any application where the Superintendent of Public
Works/Village Engineer is the approval authority, no public hearing
will be required. For any application where the Planning Board is
the approval authority, the Planning Board shall have the option of
holding a public hearing, except where disturbance to an extremely
steep slope area is proposed, then a public hearing shall be required.
[Amended 3-22-2005 by L.L. No. 5-2005; 10-27-2020 by L.L. No.
9-2020]
D.Â
For any regulated activity for which other approvals
by the Village Board or the Planning Board are necessary, such as
subdivision or site plan approval, the approval authority under this
chapter shall be the Planning Board, notwithstanding that the type
of activity may otherwise fall within the scope of an administrative
permit. A public hearing shall be required on all steep slopes applications
submitted in connection with a subdivision, site plan or special permit
application. The Planning Board shall have the option of holding a
public hearing on a steep slopes application submitted in connection
with all other types of approvals.
[Amended 3-22-2005 by L.L. No. 5-2005]
G.Â
Any approval, conditional approval or denial of steep
slope application shall be in writing. In the case of a denial or
conditional approval, such written decision will state the reasons
for the denial and/or the conditions of approval.
In approving any application, the approval authority
may impose such conditions or limitations as are determined necessary
to ensure compliance with the intent, purposes, and standards of this
chapter.
A.Â
On applications for which no public hearing is required,
a determination shall be made to approve, approve with modifications,
or disapprove the application upon receipt of a completed application
therefor.
B.Â
On application for which a public hearing is required,
a determination shall be made to approve, approve with modifications,
or disapprove the issuance of such permit simultaneously with the
determination by the Planning Board of the other permit or approval
for which the application was made.
[Amended 3-22-2005 by L.L. No. 5-2005]
