[Amended 9-14-2006 by L.L. No. 3-2006]
The Village Board of Trustees of the Village
of Laurel Hollow hereby finds and declares it to be the public policy
of the Village of Laurel Hollow to preserve wetlands (including water
bodies and watercourses), bluffs and sloped land so as to protect
both the Village's environment and its aesthetic character. The following
specific purposes and findings are related to each of these areas
of environmental concern:
A. Wetlands.
(1) Population growth has produced increasing demands
upon the Village's land and natural resources. The resulting development
is encroaching upon, despoiling, polluting and/or eliminating some
of the Village's wetlands, water bodies, watercourses and other natural
resources, including the natural processes associated therewith. The
Village Board finds that it is necessary to preserve, protect and
conserve Laurel Hollow's wetlands, including water bodies and watercourses,
so as to prevent their despoliation and destruction, and to regulate
the use and development thereof. The preservation and maintenance
of such natural features in an undisturbed condition is important
for physical, ecological, social, aesthetic, recreational and economic
reasons related to promoting the health, safety and general welfare
of present and future residents of the Village, and of downstream
drainage areas. In particular, wetlands serve multiple functions,
including, but not limited to, the following:
(a)
Protecting water resources by providing sources
of surface water, recharging groundwater and aquifers, serving as
chemical and biological oxidation basins and functioning as settling
basins for naturally occurring sedimentation.
(b)
Controlling flooding and stormwater runoff by
storing or regulating natural flows.
(c)
Providing nesting, migratory and wintering habitats
for diverse wildlife species, including many on the New York State
and Federal Endangered Species Lists.
(d)
Supporting vegetative associations specifically
adapted for survival in low-oxygen environments.
(e)
Providing areas of unusually high plant productivity
which support significant wildlife diversity and abundance.
(f)
Providing breeding and spawning grounds, nursery
habitat and food for various species of fish.
(g)
Serving as nutrient traps for nitrogen and phosphorus
and filters for surface water pollutants.
(h)
Helping to maintain biospheric stability by
supporting particularly efficient photosynthesizers capable of producing
significant amounts of oxygen and supporting bacteria that process
excess nitrates and nitrogenous pollutants and return them to the
atmosphere as inert nitrogen gas.
(i)
Providing open space and visual relief from
development.
(j)
Serving as outdoor laboratories and living classrooms
for the study and appreciation of natural history, ecology and biology.
(2) Some of these important natural resources have been
lost or their function impaired by having been drained, dredged, filled,
excavated, built upon, polluted or by other actions which are inconsistent
with their proper protection. Remaining wetlands, water bodies and
watercourses are in similar jeopardy. It is the intent of this article
to promote the public purposes identified in this section by providing
for the protection, preservation, proper maintenance and use of the
Village's wetlands, water bodies and watercourses; by preventing or
minimizing erosion caused by stormwater runoff and flooding; by maintaining
natural groundwater supplies; by preserving and protecting the purity,
utility, water retention capability, ecological functions, recreational
usefulness and natural beauty of all wetlands, water bodies, watercourses
and other related features of the terrain; and by providing and protecting
appropriate habitats for natural wildlife. The avoidance or minimization
of development on wetlands or wetland buffers will also require appropriate
adjustment of development density to achieve the stated purpose.
B. Steep slopes, very steep slopes and severely steep
slopes.
(1) Population growth and increased land values have sometimes
resulted in the development of steep, very steep and severely steep
slope areas which were once considered to be unbuildable or prohibitively
expensive to develop. New development threatens the long-term viability
of the Village's sloped land which provides important natural protections.
Therefore, the Village Board hereby finds that it is necessary to
preserve, protect and conserve Laurel Hollow's severely steep slopes,
as well as its steep and very steep slope areas, so as to prevent
their unnecessary and improper disturbance with the resultant impact
which that disturbance may have upon the public health, safety and
general welfare. The preservation of such areas in an undisturbed
or minimally disturbed condition is important for physical, ecological,
social, aesthetic, recreational and economic reasons related to promoting
and protecting the health, safety and general welfare of present and
future residents of the Village and surrounding areas. The Village
Board finds that it is particularly important to preserve severely
steep slopes and steep and very steep slope areas for the following
reasons, among others:
(a)
The disturbance of severely steep slopes or
the improper management of steep and very steep slope areas can cause
erosion and sedimentation to occur at rates in excess of those experienced
under more level topographic conditions. Erosion and sedimentation
often include the loss of topsoil (a valuable natural resource), and
can result in the disturbance of natural habitats, the degradation
of the quality of surface water, the alteration of drainage patterns,
the gullying of land, the obstruction of drainage structures and the
intensification of flooding, both on and off the subject site.
(b)
The inadequately or uncontrolled disturbance
of severely steep slopes and steep and very steep slope areas can
lead to the failure of slopes and the mass movement of earth which
creates safety concerns for persons, wildlife and man-made structures.
(c)
Steep, very steep and severely steep slope areas,
including vegetation and rock outcroppings which may be located thereon,
contribute to the attractive visual character of the Village and surrounding
areas since such sloped land, which includes bluffs, are more highly
visible from roadways, water bodies and neighboring properties than
are more level lands.
(2) Regulation of development which affects steep, very
steep or severely steep slope lands can eliminate, or at least minimize,
the degradation of these important environmental features while still
allowing the reasonable use of private property. This can be done
by requiring development design which prohibits, except for special
cases, the disturbance of severely steep slopes and avoids the disturbance
of steep or very steep slope areas wherever practical. Where avoiding
the disturbance of all steep or very steep slope areas may be impractical,
any such disturbance shall be conducted in accordance with proper
and acceptable engineering practices which minimize the extent of
such disturbance. The prohibition of development on severely steep
slopes, except in special cases, and the avoidance of development
on steep or very steep slope areas may affect development density
in order to achieve the Village's legislative intent.
[Amended 9-14-2006 by L.L. No. 3-2006]
The regulations established in this section shall apply to any proposed regulated activity affecting wetlands, watercourses, water bodies, sloped land (which includes steep slopes, very steep slopes and severely steep slopes), including required buffer areas, all as defined in §
145-2, for which a permit or other development plan approval has not been issued by the Village of Laurel Hollow prior to the effective date of these regulations. If a permit for such activity is also required by any other governmental agency, the approving authority shall coordinate its review process with such other agency and cooperate with such other agency's permit process and determination, as appropriate:
A. Regulated activities. The following are regulated
activities with regard to the various environmental features which
are sought to be protected by these regulations:
(1) Wetlands, water bodies and watercourses. Within any wetland, water body or watercourse, and within a one-hundred-foot horizontal buffer area therefrom, none of the following activities shall be permitted by the Village Building Inspector without a permit from the Board of Trustees of the Village of Laurel Hollow, pursuant to the standards, procedures and requirements as set forth in §
145-12C hereof:
(a)
The rebuilding of existing buildings, driveways,
walkways, walls, utilities or similar structures that would require
a building permit elsewhere in the Code of the Village of Laurel Hollow.
(b)
The construction of new structures or buildings,
or the expansion of the footprint of existing structures or buildings,
where other alternatives are not available.
(c)
Any form of draining, dredging, excavation or
removal of material, either directly or indirectly, including regrading.
(d)
Any form of dumping, filling or depositing of
material, either directly or indirectly, including regrading.
(e)
The installation of any service lines or cable
conduits.
(f)
The alteration or modification of natural drainage
patterns.
(g)
The construction of dams, docks or other water
control devices, pilings or bridges, whether or not they change the
site's natural drainage characteristics. (NOTE: Docks are subject
to the approval of the Village of Laurel Hollow Dock Committee.)
(h)
The installation of any pipes or wells.
(i)
The removal or cutting of any vegetation, except
as permitted by right below.
(j)
The deposition or introduction of chemicals,
including herbicides, pesticides and fertilizers, in accordance with
manufacturers' recommendations and accepted horticultural practices.
(k)
Decorative landscaping or planting, except in
a wetland buffer.
(l)
Any other activity which may impair the natural
functions of a wetland, water body or watercourse, as described herein.
(2) Steep and very steep slope areas. Within any steep or very steep slope area, no disturbance of the land or any vegetation thereon, other than an activity permitted by right as set forth below, shall be permitted without a permit from the Village of Laurel Hollow Board of Zoning Appeals pursuant to the standards, procedures and requirements of §
145-12C hereof and, where applicable, a permit from the Village of Laurel Hollow Planning Board pursuant to the Tree Ordinance.
[Amended 10-11-2007 by L.L. No. 7-2007]
(3) Severely steep slopes. Except for special cases at the discretion of the Village of Laurel Hollow Board of Zoning Appeals and only pursuant to a permit from the Village of Laurel Hollow Board of Zoning Appeals pursuant to the standards, procedures and requirements of §
145-12C hereof and, where applicable, a permit from the Village Laurel Hollow Planning Board pursuant to the Tree Ordinance, no disturbance of any land defined as a "severely steep
slope" herein shall be permitted other than the construction of a
simple wooden staircase or similar structure, not to exceed four feet
in width, which is approved by the Village of Laurel Hollow Board
of Zoning Appeals and receives a permit from the Village of Laurel
Hollow Building Inspector.
[Amended 10-11-2007 by L.L. No. 7-2007]
B. Activities permitted by right. The following activities
are permitted by right with regard to the respective environmental
features, as set forth below:
(1) Wetlands, water bodies and watercourses. Within any
wetland, water body or watercourse, and within a one-hundred-foot
buffer area measured therefrom, the following activities shall be
permitted by right:
(a)
The removal of the natural products of wetlands
by recreational or commercial fishing, shellfishing or aquiculture,
where otherwise legally permitted.
(b)
Outdoor recreational activity that does not
materially alter the natural state of the land or require construction,
including nature study, hiking, swimming, and boating, where otherwise
legally permitted.
(c)
Normal ground maintenance, including mowing,
trimming of vegetation and removal of dead or diseased vegetation,
except for the use of fertilizers, pesticides or herbicides in wetlands,
water bodies or watercourses.
(d)
The customary, ongoing maintenance and repair
of existing buildings, driveways, walkways, walls, utilities or other
similar structures.
(e)
The operation and maintenance of such dams,
retaining walls, terraces, sluices, culverts or other water control
structures or devices as legally in existence on the effective date
of these regulations.
(f)
Selective trimming and pruning, planting and
replanting in previously landscaped areas as necessary to improve
the health or appearance of vegetation within 50 feet of a residence
in existence on the effective date of these regulations, subject to
the issuance of a tree permit, if required.
(g)
Public health activities pursuant to any order
of the Nassau County Department of Health or the New York State Department
of Health.
(h)
Any emergency activity that is immediately necessary
for the protection and/or preservation of life or property.
(2) Steep and very steep slope areas. Within any steep
or very steep slope area, the following activities shall be permitted
by right:
(a)
Normal ground maintenance, including mowing,
trimming and pruning of vegetation, planting and replanting, and removal
of dead or diseased vegetation, provided that such activity does not
involve any regrading or other disturbance of the land, and further
provided that any such activity conforms with all other applicable
ordinances, laws and regulations, including obtaining a tree permit,
if required.
(b)
Disturbance required under temporary emergency
conditions, as determined by the Village Building Inspector, where
such disturbance is necessary to protect persons or property from
present or imminent danger.
(c)
The customary, ongoing maintenance and repair
of existing buildings, driveways, walkways, walls, utilities or other
similar structures.
(3) Severely steep slopes. Within any severely steep slope
area, disturbance of any type (other than the construction of a simple
wooden staircase or similar structure not to exceed four feet in width
which is approved by the Village of Laurel Hollow Board of Zoning
Appeals and receives a permit from the Village of Laurel Hollow Building
Inspector) will not be permitted except under emergency conditions,
as determined by the Village of Laurel Hollow Building Inspector,
where such disturbance is necessary to protect persons or property
from present or imminent danger.
[Amended 10-11-2007 by L.L. No. 7-2007]
C. Standards, procedures and requirements.
(1) Approving authority.
(a)
The approving authority for all applications
for disturbance of wetlands, water bodies and/or watercourses, including
their respective buffer areas, shall be the Village of Laurel Hollow
Board of Trustees.
(b)
The approving authority for all applications for disturbance of steep, very steep and severely steep slope areas shall be the Village of Laurel Hollow Board of Zoning Appeals. However, in the event an application for subdivision or partitioning of land is made under Chapter
114 of the Village Code and/or an application for a permit pursuant to Chapter
125 of the Village Code, Trees, the Village of Laurel Hollow Planning Board shall have coordinate approval authority for any applications for disturbance of steep, very steep and severely steep slope areas as well as the authority to grant permission to construct a simple wooden staircase or similar structure not to exceed four feet in width within a severely steep slope area pursuant to §
145-12B(3) hereof. This amendment shall apply to all applications filed on or after December 1, 2014.
[Amended 10-11-2007 by L.L. No. 7-2007; 2-11-2015 by L.L. No. 4-2015]
(c)
Where a dock, pier or other such waterfront structure is proposed, the applicable standards, procedures and requirements shall be as set forth in §
145-20.1 of this chapter.
(d)
The approving authority for all wetlands and
slope applications in the R/I Zone shall be the Village of Laurel
Hollow Board of Trustees.
(2) Initial determination of need for permit. The initial
determination of whether a permit is needed, and from which Board,
shall be made by the office of the Village of Laurel Hollow Building
Inspector. The Building Inspector, upon inspection of the site or
plans for any proposed development activity, may determine that a
permit for disturbance of a protected environmental feature is required,
that a permit is not required or that further information must be
supplied by the applicant or property owner in order to make such
a determination.
(3) Application. All applications for permitted disturbance
of regulated environmental features shall include at least the following
information, unless waived by the approving authority:
(a)
The name, address and signature of the property
owner and applicant, if different.
(b)
The street address and tax map designation of
the subject property.
(c)
A statement that both the property owner and
the applicant, if different, will indemnify and hold harmless the
Village of Laurel Hollow and its representatives against any damage
or injury to any person or property in connection with the processing
and issuance of the requested permit.
(d)
A written statement describing the proposed
work, the purpose thereof, and why such work cannot be done on a portion
of the property which would not impact, or would impact to a lesser
extent, any of the environmental features sought to be protected by
these regulations.
(e)
A site plan, drawn at an appropriate scale and
prepared and sealed by a professional engineer, landscape architect,
architect, surveyor or other properly qualified person, showing the
following, as appropriate:
[1]
Wetlands permit. A site plan submitted as part
of an application for disturbance of any wetland, water body or watercourse,
or any area within 100 feet therefrom, shall contain at least the
following information, unless waived by the Board of Trustees:
[a] The location of all wetlands, watercourses,
water bodies and floodplains, including wetland buffer areas, in the
vicinity of the proposed activity, as delineated by a properly qualified
wetland scientist no earlier than one year prior to the date of filing
the application. The boundaries of any such area shall be flagged
in the field and surveyed by a properly qualified land surveyor in
a manner acceptable to the Board of Trustees.
[b] The delineation of all soil types
in the vicinity of the proposed activity.
[c] The specific location of the proposed
area of disturbance and the specifications and quantities of all material
proposed to be added or removed from the site, as well as the procedures
to be used to undertake such work.
[d] Existing and proposed contours
at a maximum vertical interval of two feet within the proposed disturbed
area and extending to a distance of at least 100 feet beyond such
area, including proposed surface materials and/or other treatment.
[e] The details of any proposed surface
or subsurface drainage system to be installed, including any special
measures designed to provide for proper surface and/or subsurface
drainage, both during the performance of the work and after its completion.
[f] Where creation of a water body
is proposed, details of the construction of any dams, embankments,
outlets or other water control devices and analysis of the wetlands
hydrologic system, including seasonal water fluctuation, inflow/outflow
calculations and subsurface soil, geology and groundwater conditions.
[g] Where creation of a stormwater
detention basin (sump) or drainage reserve area is proposed, details
of the construction of any dam, berm, embankment, outlet or other
water control devices and an analysis of the wetlands hydrologic system,
including seasonal water fluctuation, inflow/outflow calculations
and subsurface soil, geology and groundwater conditions.
[h] An erosion and sedimentation control
plan.
[i] copy of any permit issued by any
other governmental agency.
[2]
Slope disturbance permit. A site plan submitted
as part of an application for the disturbance of any steep, very steep
or severely steep slope area shall contain at least the following
information, unless waived by the Board of Zoning Appeals:
[Amended 10-11-2007 by L.L. No. 7-2007]
[a] The location of all areas of existing
steep slope, very steep slope and severely steep slope areas on the
property.
[b] The delineation of all soil types
in the vicinity of the proposed activity.
[c] The specific location of the proposed
area of disturbance and the specifications and quantities of all material
proposed to be added or removed from the site, as well as the procedures
to be used to undertake such work.
[d] Existing and proposed contours
at a maximum vertical interval of two feet within the proposed disturbed
area and extending to a distance of at least one hundred (100) feet
beyond such area.
[e] All proposed surface materials
and/or other surface treatments.
[f] The details of any proposed surface
or subsurface drainage system to be installed, including any special
measures designed to provide for proper surface and/or subsurface
drainage, both during the performance of the work and after its completion.
[g] An erosion and sedimentation control
plan.
[h] If the Board of Zoning Appeals
determines that the extent or nature of the proposed slope area disturbance
will be extensive or that blasting may be involved, it may require
such other additional information, including reports prepared by qualified
professionals retained by said Board. This required additional information
may include, among other things, cross sections of all proposed disturbed
areas, depth to bedrock information, a cut-and-fill analysis, a blasting
plan, and other such technical studies or information.
(4) Public hearing. After the approving authority has
determined that an application for wetland, watercourse or water body,
or slope area disturbance permit is complete, and if it determines
that the proposed scope of the application warrants a public hearing,
it may schedule such a hearing with not less than seven (7) days'
notice published in the official Village newspaper and a copy of the
notice mailed to the record owner of all abutting lots, including
lots located directly across any street from the subject property.
Such notice shall be mailed by certified mail, return receipt requested.
The mailing shall be the responsibility of the applicant. At the public
hearing, the applicant shall provide appropriate proof of the mailing
of such notices, including an affidavit of their mailing and all returned
receipts, prior to the opening of the public hearing.
(5) Professional review fees. The approving authority,
in reviewing any application pursuant to this section, may refer such
application to any independent professional as said Board may deem
reasonably necessary to properly advise it on technical matters relating
to such application. The applicant shall be responsible for reimbursing
the Village for the cost of such professional review upon submission
of a copy of the voucher or, at the discretion of the approving authority,
by establishing an escrow account in advance of the consideration
of the application and/or in advance of the retention of the outside
professional by the approving authority. The payment of such fees
shall be in addition to any and all other fees required by this chapter
or any other Village law, ordinance or regulation.
D. Decision. Within a maximum of 60 days from the date
of the close of the public hearing and the completion of the State
Environmental Quality Review (SEQR) process, unless such time period
is extended with the consent of the applicant, the approving authority
shall render a decision either to approve, approve with required modifications
or disapprove the permit application. Whatever decision is made shall
constitute a final determination of the approving authority. Aggrieved
parties may seek relief pursuant to Article 78 of the Civil Practice
Laws and Rules of the State of New York. In arriving at its decision,
the approving authority shall consider at least the following:
(1) The extent to which the proposed action, including
any mitigation which is offered, is consistent with the legislative
intent of the Board of Trustees of the Village of Laurel Hollow as
set forth in this Chapter and is necessary in order to make at least
a minimally reasonable use of the property, not the maximum use.
(2) All evidence offered at the public hearing.
(3) All permits and reports issued or submitted by any
Village, county, state or federal agency or by any expert retained
by the approving authority.
(4) All relevant facts and circumstances, including, but
not limited to, the following:
(a)
The environmental impact of the proposed action.
(b)
The suitability of the proposed action for the
area where it is proposed.
(c)
Alternatives to the proposed action which would
eliminate the need for the requested permit or would reduce the potential
impact of the requested action.
(d)
The nature and extent of any mitigation proposed
by the applicant.
(e)
Other mitigation which would serve to further
reduce any potential adverse environmental impacts, including a reduction
in the nature or scale of the proposed action.
E. Term. Any permit issued pursuant to this section shall
be valid for a period not to exceed 18 months from the date of approval,
unless otherwise specified by the approving authority. All permits
shall expire upon completion of the work specified therein.
F. Inspection. The property upon which the activity has
been approved shall be open to inspection by the Village Building
Inspector or other designated representative of the approving authority
at any reasonable time, including weekends and holidays. The applicant,
by having made application for such a permit, shall be deemed to have
given its consent to such inspection. A notice of violation or stop
work order shall be issued if it is found that the applicant has not
complied with any of the conditions or limitations as set forth in
the permit or has exceeded the scope of the approved activity.
G. Certification. Within 30 days of the date of completion
of all work for which a permit pursuant to this section has been issued,
a certification shall be submitted by a properly qualified professional
attesting that all work has been completed in accordance with said
permit and with any requirements approved pursuant thereto.
H. Continued conformance required. Continued conformance
with all requirements as shown on an approved plan for the disturbance
of any wetland, watercourse, water body or slope area, shall be deemed
to be a condition for the continued maintenance of the certificate
of occupancy for the affected property. Any violation of a condition
of approval shall be subject to the imposition of penalties as set
forth in Subsection below.
I. Penalties.
(1) Any person who violates any provision of these regulations
shall be guilty of a violation punishable by a fine of not more than
$2,500 or imprisonment for a term not to exceed 15 days, or both such
fine and imprisonment for each violation. Each week's continued violation
and each violation of a different provision of these regulations,
shall be considered a separate and distinct offense.
(2) In addition to the above penalties, the Village shall
not issue any building permit, certificate of occupancy or temporary
certificate of occupancy for any property for which a notice of violation
of these regulations has been served until said violation shall have
been resolved to the satisfaction of the approving authority, or the
court, as appropriate.