The purpose of this chapter is to establish regulations that prevent
improper alteration of steep slopes. The intent is not to restrict general
development but to guide land use proposals into areas where they best enhance
these natural resources and preserve the visual character of land.
As used in this chapter, the following terms shall have the meanings
indicated:
DISTURBANCE
Excavation or fill or any combination thereof, including the conditions
resulting from any excavation or fill.
GRADING
Alteration of the surface or subsurface conditions of land, lakes,
ponds, or watercourses by excavating or filling.
LAND MAINTENANCE
Tree trimming and pruning, the removal of dead and/or diseased vegetation,
lawn and garden care and the planting of trees, shrubs, and/or herbaceous
plants.
STEEP SLOPE PERMIT
The written form of municipal approval granted by the approving authority
and required for the issuance of a work permit and the conduct of any steep-slope-regulated
activity.
STEEP SLOPES
Ground areas with a slope greater than 20%, with a minimum area of
500 square feet, and that have a minimum dimension of 10 feet in a horizontal
plane.
The approval authority with respect to applications hereunder shall
be as follows:
A. The Building Inspector shall be the approval authority
with respect to any application that requires the issuance of any permit or
approval, unless such application also requires Planning Board approval, in
which case the Planning Board shall be the approval authority.
B. The Village Board of Trustees shall be the approval authority
with respect to any application that requires the issuance of any permit or
approval by it, unless such application also requires Planning Board approval,
in which case the Planning Board shall be the approval authority.
In denying, granting or granting with modifications any application for a permit, the approval authority shall consider the consistency of the proposed activity with the findings set forth in §
164-2 of this chapter and the following standards:
A. Alterations of trees and forest and topographical alterations
on steep slopes shall conform with any applicable local, state or federal
regulation.
B. Disturbance of areas with steep slopes shall conform
with the following provisions:
(1) The planning, design, and development of buildings shall
provide the maximum structural safety, slope stability and human enjoyment
while adapting the affected site to, and taking advantage of, the best use
of the natural terrain.
(2) The terracing of building sites shall be kept to an absolute
minimum.
(3) Roads and driveways shall follow the natural topography
to the greatest extent possible in order to minimize the potential for erosion,
and shall be consistent with other applicable local regulations and current
engineering practices.
(4) Replanting shall consist of vegetation most likely to
prevent future erosion, and shall consist of plants indigenous to the area
wherever possible.
(5) The natural elevations and vegetative cover of ridgelines
shall not be disturbed.
(6) Areas of regrading shall blend in with the natural contours
of the land. Cuts and fills shall be rounded off to eliminate sharp angles
at the top, bottom, and sides of regraded slopes.
(7) The angle of cut and fill slopes shall not exceed a slope
of one vertical to two horizontal except where retaining walls, structural
stabilization, or other methods acceptable to the Village Engineer are used.
(8) 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
shall be considered to be six feet plus 1/2 the height of the cut or
fill. Nevertheless, a structure built on a slope or at the toe of a slope
is permitted if it is properly designed to retain the slope and withstand
the forces exerted on it by the retained slope.
(9) Temporary soil stabilization, including, if appropriate,
measures such as netting or mulching to secure soil during the growing period,
must be applied to an area of disturbance within two days of establishing
the final grade, and permanent stabilization must be applied within 15 days
of establishing the final grade.
(10) Measures for the control of erosion and sedimentation
shall be undertaken consistent with the Westchester County Soil and Water
Conservation District's Best Management Practices Manual for Erosion and Sediment
Control.
(11) Topsoil shall be stripped from all areas of grading disturbance,
stockpiled and stabilized in a manner to minimize erosion and sedimentation,
and replaced elsewhere on the site at the time of final grading. Stockpiling
shall not be permitted on slopes of greater than 10%.
In granting a permit, the approval authority may require a security
(in an amount and with surety and conditions satisfactory to it), securing
to the Village compliance with the conditions and limitations set forth in
the permit.
If any clause, sentence or paragraph of this chapter shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall
not impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence or paragraph directly at issue.
Any person or persons affected by a determination of the Building Inspector,
the Village Board or the Planning Board with respect to a determination to
issue or deny a permit required by this chapter may bring an appeal or an
application for an interpretation of this chapter to the Zoning Board of Appeals
of the Village of Maybrook. The petition for such relief shall be filed with
the Zoning Board within 30 days from the date of the final determination to
be appealed.