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Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
A. 
Steep slope work permits issued pursuant to this chapter shall contain conditions including the following:
(1) 
The work permit shall expire on a specified date, no later than one year from the date of issuance.
(2) 
The permit holder shall notify the Building Inspector at least five days in advance of the date on which the work is to begin.
(3) 
The work permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.
B. 
Conditions may include, but shall not be limited to, the following:
(1) 
Limitation on the total portion of any lot or the portion of the steep slope on the lot that may be disturbed.
(2) 
Setbacks for structures, fill and other activities from the steep slope.
C. 
Performance guaranty; maintenance guaranty.
[Amended 3-22-2005 by L.L. No. 5-2005]
(1) 
The approval authority, may require that, prior to commencement of work under any work permit issued pursuant to this chapter, the applicant shall post with the Village a performance guaranty or bond in an amount recommended by the Superintendent of Public Works/Village Engineer, and with surety and conditions approved by the Village Attorney, sufficient to secure compliance with the permitted work, and with the conditions and limitations set forth in the permit. The particular amount and the conditions of the performance guaranty shall be consistent with the purposes of this chapter. The performance guaranty shall remain in effect until the approval authority or its designated agent certifies in writing that the work has been completed in compliance with the terms of the permit and the performance guaranty is released by the approval authority, or until a substitute performance guaranty is provided. In the event of a breach of any condition of any permit, the approval authority may obtain and make appropriate use of the proceeds of the performance guaranty.
[Amended 10-27-2020 by L.L. No. 9-2020]
(2) 
The performance guaranty shall be converted into a maintenance guaranty upon completion of the work. The amount of the maintenance guaranty shall be 25% of the amount of the performance guaranty. The maintenance guaranty shall remain in effect for a period of one year from the date of acceptance by the approval authority. The date of acceptance of the maintenance guaranty shall be the same as the date of release of the performance guaranty.
D. 
Expiration of steep slope work permit; extensions.
[Amended 10-27-2020 by L.L. No. 9-2020; 2-23-2021 by L.L. No. 6-2021]
(1) 
All steep slope work permits shall expire on completion of the acts specified therein and, unless otherwise indicated, shall be valid for a period of one year from the date of issue. Upon written request by the original permit holder or his/her successor, the approval authority may extend the time in which the acts specified in the permit must be completed for additional periods of up to one year each if the approval authority, in its discretion, finds that such extension is warranted by the particular circumstances involved, provided that in the case of a permit where no work on the steep slope(s) has been accomplished, extensions shall not exceed two additional periods of 90 days each, in which case, should a permittee fail to complete the acts specified in the permit prior to the expiration of the second ninety-day extension, at the discretion of the approval authority, the original permit may become null and void, and an application would then need to be made for a new permit. The request for a new permit shall follow the same form and procedure as the original application, except that the approval authority shall have the option of not holding a public hearing if the original intent of the permit is not altered or extended in any significant way.
(2) 
In the case of a permit where the work on the steep slope(s) is partially completed, the number and length of extensions shall be at the sole discretion of the approval authority.
(3) 
A request for an extension of an original permit shall be made in writing to the Village Engineer at least 30 days prior to the expiration date of the original permit and each extension. The time period for requesting an extension may be waived for good cause shown.
A. 
A steep slope work permit will be valid for a period of one year. Work Permits, including all of their conditions, shall be binding on successors and assignees of the applicant.
B. 
Following completion of the work, the applicant shall submit certification by the designer of record that the completed work meets the requirements of the steep slope work approval. The Building Inspector will verify that the work has been completed in accordance with such approval. Submission of an as-built survey may be required by the approval authority.
C. 
The Building Inspector shall not issue a certificate of completion until the Building Inspector has verified that all work has been completed in accordance with the steep slope work permit.
D. 
Any proposed revision to work covered by a steep slope work permit shall be reviewed by the Superintendent of Public Works/Village Engineer. Where the Superintendent of Public Works/Village Engineer determines that a substantial revision is proposed, the submission of a new application shall be required.
[Amended 10-27-2020 by L.L. No. 9-2020]
[Amended 10-27-2020 by L.L. No. 9-2020]
Any party aggrieved by a decision of the Superintendent of Public Works/Village Engineer to approve, approve with conditions, or disapprove an application may appeal the decision to the Village Board of Trustees.