No grading, filling, paving, removal of a tree,
grass or ground cover, construction of any structure, building or
underground utilities shall be permitted on slopelands unless a slopelands
use permit ("slopelands permit") shall have been issued by the Planning
Board.
Application for such slopelands permit shall
be submitted with the following:
A. A topographical survey of the property showing existing
contours with vertical intervals of no more than two feet; the location
and extent of any slopelands marked as steep slope or very steep slope;
the location of any existing buildings, structures, driveways and
utilities of the site; existing easements and rights-of-way; the present
use of land and structures; the specific type, size and location of
trees with a circumference of 24 or more inches measured at a height
four feet above ground level; and any other existing features or characteristics
of the site which are required by the Planning Board.
B. A construction plan for the proposed site showing
proposed construction, including building and driveway locations,
parking areas, landscaping, grading, drainage, utilities and other
planned site uses and improvements as the Planning Board shall require
in accordance with Village site plan requirements.
C. Specific design and construction procedures to mitigate
the potential impact of the proposed site development on the slopelands
both during and after construction. This shall include, but not be
limited to, erosion control measures and site restoration and planting
plans.
D. An application fee in an amount as established by
resolution of the Board of Trustees.
In reviewing an application for a slopelands
permit, the Planning Board shall consider the following:
A. The proposed location for the requested activity is
an appropriate location on the lot taking into consideration lot shape,
topography and other lot features, and impact on the surrounding properties.
For very steep slopes, no activities are permitted except as necessary
to provide basic improvements to the property or residence, such as
a driveway or utility connection, where no other available location
exists;
B. The activity or construction proposed is necessary
and the minimum allowable for the reasonable use of the land;
C. All feasible construction standards and precautions
are or will be taken to ensure that the resulting adverse impacts
will be mitigated and minimized, including, but not limited to, the
implementation of erosion control measures, and the use of retaining
walls to limit site disturbance and to save trees;
D. The proposed action is in full compliance with all
other applicable requirements of the Village, town, county, state
and federal agencies; and
E. Appropriate conditions are imposed to a degree as
determined by the Planning Board to comply with the intent of this
Code.
The Planning Board shall only approve those
applications where it determines that the proposed development of
activity on the slopelands is in compliance with the provisions and
intent of this chapter and will not have a significant adverse impact
on the slopelands, the site, the surrounding properties and the Village.
The Planning Board shall attach such conditions to its approval as
it may determine necessary to ensure compliance with these standards
and requirements and its determination.