In order to implement the intent of this chapter,
the approval authority shall be guided by the following policies in
evaluating an application for a permit to disturb specific types of
steep slopes:
A. Application to disturb steep slopes identified for
preservation by planning policy.
(1) Definition. Steep slopes identified for preservation by planning policy shall include areas designated in the Town Development Plan for open space/recreation (such as Town/county park, private recreation, watershed, stream preserve, wetland preserve, prominent land form and nature trail); other areas addressed by the goals, objectives, policies and recommendations of the Town Development Plan; and steep slopes designated under the provisions of Chapter
138, Scenic Resource Protection.
(2) Review objective. The approval authority shall seek
the permanent preservation of such steep slopes by such means as the
use of imaginative and innovative site design, including the application
of § 278 of Town Law, and the donation or sale of the fee-simple
or less-than-fee-simple rights of the area.
(3) Approval standards. Where a proposed disturbance is consistent with Town planning policy or where a disturbance cannot be avoided so that reasonable use of a property may occur, such disturbance shall be minimized and shall be in accordance with the standards set forth in §
148-7.
B. The Planning Board is the approval authority for application
to disturb other extremely steep slopes and other very steep slopes
(slopes 25% and over).
(1) Definition: extremely steep slopes and very steep slopes which are not identified in the Town Development Plan or designated under Chapter
138, Scenic Resource Protection.
(2) Review objective. The Planning Board shall seek the
permanent preservation of such extremely steep slopes and very steep
slopes by such means as the use of imaginative and innovative site
design, including the application of § 278 of Town Law,
and the donation or sale of the fee-simple or less-than-fee-simple
rights of the area.
(3) Approval standards. Where a proposed disturbance is consistent with Town planning policy or where a disturbance cannot be avoided so that reasonable use of a property may occur, such disturbance shall be minimized and shall be in accordance with the standards set forth in §
148-7.
C. The Town Engineer is the approval authority for application
to disturb other moderately steep slopes (15% to less than 25%).
(1) Definition: steep slopes not included in Subsections
A and
B above and general improvements to single-family residential parcels.
(2) Review objective. Every effort shall be made to permit
only those disturbances which maintain the beauty of the landscape,
avoid degradation of the environment and are found to be the minimum
necessary to allow reasonable and practicable use of a property.
(3) Approval standards. Where a proposed disturbance is consistent with Town planning policy or where a disturbance cannot be avoided so that reasonable use of a property may occur, such disturbance shall be minimized and shall be in accordance with the standards set forth in §
148-7.
(4) Before issuing any administrative permit, the Town Engineer shall
review the administrative permit application with the Administrative
Permit Review Team, which shall include the Town Planner, an Open
Space Committee member selected by such Committee, the Building Inspector
and the Town's environmental Inspector or consultant.
[Added 7-10-2008 by L.L. No. 7-2008; amended 5-17-2012 by L.L. No.
3-2012]