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.
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.
C.
The Town Engineer is the approval authority for application
to disturb other moderately steep slopes (15% to less than 25%).
(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]
B.
Where the approval authority finds that because of
special circumstances of a particular case, strict compliance with
the following standards is not practicable, the approval authority
may adjust the standards so that substantial justice may be done and
the public interest secured, provided that such adjustment will not
have the effect of nullifying the intent and purpose of these regulations.
In granting any adjustment, the approval authority shall attach such
conditions as are, in its judgment, necessary to substantially secure
the objectives of the standards or requirements so adjusted.
(1)
Disturbance of trees and forests on steep slopes shall
be in conformance with all the applicable Town regulations pertaining
to trees.
(2)
Disturbance of watercourses on steep slopes shall be in conformance with Chapter 167, Wetlands and Watercourse Protection, and any other applicable regulations.
(4)
Disturbance of steep slopes shall be consistent with
the current understanding of good architecture, urban design, landscape
architecture and civil engineering, such that, to the maximum extent
possible:
(a)
The planning, design and development of building
design shall provide the maximum in structural safety and human enjoyment
while adapting the building site to and taking advantage of the best
use of the natural terrain.
(b)
The padding or terracing of building sites,
including the mounding of septic tile fields, shall be minimized.
(c)
Roads and driveways shall follow natural topography, minimize regrading and comply with the design standard for maximum grade found in Chapter A174, Subdivision Road Construction Road Specifications.
(d)
The natural elevations and vegetative cover
of ridgelines shall be disturbed only if the crest of the ridge and
the tree line at the ridge remains uninterrupted either by positioning
buildings and areas of disturbance below the ridgeline or by positioning
buildings and areas of disturbance at the ridgeline so that the roofline
of the building is seen as a continuation of the natural tree line.
(e)
Any regrading shall blend in with the natural
contours and undulations of the land.
(f)
Cuts and fills shall be rounded off to eliminate
sharp angles at the top, bottom and sides of regraded slopes.
(g)
The angle of cut and fill slopes shall not exceed
the natural angle of repose of the soil or rock materials in the cut
or fill, except where retaining walls or other structural stabilization
is used. Generally for soils, cut and fill slopes shall be no steeper
than two horizontal to one vertical (fifty-percent slope).
(h)
Fill slopes shall not be located on natural
slopes of two horizontal to one vertical (fifty-percent slope) or
steeper or where the fill slope bottoms out within 12 feet horizontally
of the top of an existing or proposed cut slope.
(i)
Tops and bottoms of cut and fill slopes shall
be set back from existing and proposed property boundaries a distance
of three feet plus 1/5 of the height of the cut or fill but need not
exceed a horizontal distance of 10 feet.
(j)
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 1/5
of the height of the cut or fill but need not exceed 10 feet. 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.
(k)
Disturbance of rock outcrops shall be by means
of explosives only if labor and machines are not effective and only
if rock blasting is conducted in accordance with the Town of Somers
Fire Prevention Code and all other applicable regulations by a person
holding a current Class A or Class B certificate of competence from
the New York State Department of Labor.
(l)
Disturbance of steep slopes shall be undertaken
in workable units in which the disturbance can be completed within
one construction season so that areas are not left bare and exposed
during the winter and spring-thaw periods.
(m)
Disturbance of existing vegetative ground cover
shall not take place more than 15 days prior to grading and construction.
(n)
Temporary soil stabilization must be applied
to an area of disturbance within two days of establishing the final
grade and permanent stabilization within 15 days.
(o)
Soil stabilization must be applied within two
days of disturbance if the final grade is not expected to be established
within 60 days.
(p)
Measures for the control of erosion and sedimentation
shall be undertaken consistent with the New York Standards and Specifications
for Erosion and Sediment Control, previously the New York Guidelines
for Urban Erosion and Sediment Control, as amended, or its equivalent
satisfactory to the approval authority.
[Amended 5-13-2004 by L.L. No. 6-2004]
(q)
All proposed disturbance of steep slopes shall
be undertaken consistent with the soils limitations ratings contained
in the Westchester County soil survey, as prepared by the New York
Standards and Specifications for Erosion and Sediment Control, previously
the New York Guidelines for Urban Erosion and Sediment Control, in
terms of recognition of limitations of soils on steep slopes to development
and application of all mitigating measures and as deemed necessary
by the approval authority.
[Amended 5-13-2004 by L.L. No. 6-2004]
(r)
Topsoil shall be stripped from all areas of
disturbance, stockpiled in a manner to minimize erosion and sedimentation
and replaced elsewhere on the site at the time of final grading.
(s)
No organic material or rock with a diameter
that will not allow appropriate compaction or cover by topsoil shall
be used as fill material.
(t)
Compaction of fill materials in fill areas shall
be such to ensure support of proposed structures and stabilization
for intended uses.
(u)
Sanitary sewage disposal systems shall be prohibited
on extremely steep slopes and very steep slopes.
