A.
Coordination with other reviews. It is the intent
of this chapter to incorporate the consideration of steep slopes protection
into the Town's extant land use and development approval procedures
in conjunction with the procedures of the State Environmental Quality
Review Act whenever applicable. To the maximum extent possible, the
review, hearings and decision upon any application processed under
this chapter shall be coincident with similar procedures that the
approval authority may undertake in regard to other applications that
are directly related.
B.
Referral.
(1)
The Building Inspector shall refer all applications
for building permits to the Town Engineer for a determination of the
status of the proposed activity relative to this chapter. If the Town
Engineer determines that the proposed activity is not regulated by
this chapter, he shall so notify the Building Inspector, who may proceed
with the review of the application for building permit. If the Town
Engineer determines that the proposed activity is regulated by this
chapter, he shall notify the Building Inspector that the submission,
review and approval of an application for alteration of steep slope
permit shall be required before the Building Inspector can issue a
building permit.
(2)
The Highway Superintendent shall refer all applications for driveway permits to the Town Engineer for the same determination, identified above in Subsection B(1), when such applications are not related to a building permit application.
(3)
When a steep slope permit is required for improvements
associated with a subdivision or a site plan application, a steep
slope application is not required. However, the approval authority
shall review the subdivision or site plan applications using the standards
established by this chapter.
C.
Applications to the Planning Board shall be filed
with the engineering department for the Planning Board, and each application
shall contain the following information:
(1)
Name and post office address of the owner and applicant.
(2)
Street address and Tax Map designation of property
covered by the application.
(3)
Statement of authority from owner for any agent making
application.
(4)
Statement of proposed work and purpose thereof.
(5)
Fourteen copies of plans for the proposed regulated
activities drawn to a scale of not less than one inch equals 50 feet
(unless otherwise specified by the approval authority). Plans shall
show the following:
(a)
Location of proposed construction or area of
disturbance and its relationship to property lines, easements, structures,
roads, walls, sewage disposal systems, wells and wetlands within 100
feet.
(b)
Estimated material quantities of excavation/fill.
(c)
Location and size of slope categories of extremely
(greater than 35%), very steep slopes (25% to 35%) and moderately
(15% to less than 25%), under existing and proposed conditions, in
the area of proposed disturbance and within a distance of 25 feet.
(d)
Location and size of areas of soil types in
the area of proposed disturbance and to a distance of 25 feet.
(e)
Existing and proposed adjusted contours at two-foot
intervals in the area of proposed disturbance and to a distance of
25 feet beyond the disturbance.
(f)
Cross-sections of critical slope areas.
(g)
Retaining walls, with details of construction
signed and sealed by a qualified professional.
(h)
Erosion and sedimentation control plan.
(i)
Other details, including specific reports by
qualified professionals on soils, geology and hydrology, as may be
determined to be necessary by the approval authority.
(6)
A list of all applicable permits which are required
for such work or improvement.
(7)
An application fee, an engineering fee and a permit
renewal fee in amounts as set forth in a fee schedule established
by resolution of the Town Board.
D.
Application to the Town Engineer shall be filed with
the engineering department for the Town Engineer, and each application
shall contain the following information:
(1)
Name and post office address of the owner and applicant.
(2)
Street address and Tax Map designation of property
covered by the application.
(3)
Statement of authority from owner for any agent making
application.
(4)
Statement of proposed work and purpose thereof.
(5)
Ten copies of plans for the proposed regulated activities
drawn to a scale of not less than one inch equals 50 feet unless otherwise
specified by the Town Engineer, the plan shall show the following:
(a)
Location of proposed construction or area of
disturbance and its relationship to property lines, easements, structures,
roads, walls, sewage disposal systems, wells and wetlands within 100
feet.
(b)
Estimated material quantities of excavation/fill.
(c)
Location and size of the moderately slope category,
under existing and proposed conditions, in the area of proposed disturbance
and within a distance of 25 feet.
(d)
Existing and proposed adjusted contours at two-foot
intervals in the area of proposed disturbance and to a distance of
twenty five (25) feet beyond the disturbance.
(e)
Proposed retaining walls, with details of construction
signed and sealed by a qualified professional.
(f)
Erosion and sedimentation control plan.
(6)
A list of all applicable permits which are required
for such work or improvement.
(7)
An application fee, an engineering fee and a permit
renewal fee, in amounts as set forth in a fee schedule established
by resolution of the Town Board.
E.
Distribution of applications.
[Amended 5-17-2012 by L.L. No. 3-2012]
(1)
Planning Board applications prepared in accordance with Subsection C above shall be received in sets of 14 by the Engineering Department. The Engineering Department shall refer one copy of a complete application to the Open Space Committee, two copies to the Town Engineer and 11 copies to the Planning Board.
(2)
Administrative applications prepared in accordance with Subsection D above shall be received in sets of 10 by the Engineering Department. The Engineering Department shall refer one copy of the complete application to the Open Space Committee, seven copies to the Planning Board for information and two copies to the Town Engineer. The files shall be maintained by the Engineering Department.
F.
Open Space Committee review. The Open Space Committee shall review
the Planning Board applications within 30 days of the date of the
Engineering Department's transmittal letter and shall file a
written report with the approval authority with its recommendations
concerning the application. Such report shall evaluate the proposed
operation or project in terms of the findings, intent and standards
of this chapter.
[Amended 5-17-2012 by L.L. No. 3-2012]
G.
Public notice and hearing. No sooner than 30 days
and not later than 60 days after receipt of an application, the Planning
Board shall hold a public hearing on such application. Public notice
of the hearing shall be given no less than 10 days prior to the date
of hearing. Said notice shall be published in the official newspaper
and shall be mailed to all owners of record of contiguous property.
All applications, maps and documents relating thereto shall be open
for public inspection at the Engineering Department office. At such
hearing any person may appear and be heard. The public hearing conducted
for a site plan and/or a subdivision application involving the disturbance
of a steep slope, such hearing shall satisfy the legal requirement
for this chapter.
H.
Waiver of public hearing. If, after receipt of an
application, the approval authority finds the proposed activity to
be of a minor nature which would not significantly alter, affect or
endanger steep slopes, the authority may, in its discretion, dispense
with the public hearing. Proposed activities which qualify for review
pursuant to § 148-6D. Administrative applications shall
be considered to qualify for a waiver of public hearing under this
provision.
I.
Burden of proof. The applicant shall have the burden of proof of demonstrating that the proposed activity is not adverse to the public health, safety and general welfare and that it is consistent with the findings set forth in § 148-2, the purposes and approach set forth in § 148-6 and the objectives of the standards set forth in § 148-7.
J.
Action by the approval authority.
(1)
Within 45 days of receipt of the report of the Open Space Committee or the expiration of the period prescribed in Subsection F above, or within 45 days of the date of any public hearing held pursuant to this chapter, whichever date shall be later, the approval authority shall render a decision to approve, approve with modifications or deny the application, giving due consideration to the findings and recommendations, if any, of the Open Space Committee and the findings, intent and standards of this chapter.
[Amended 5-17-2012 by L.L. No. 3-2012]
(2)
The approval authority may extend the time limitations
for a decision with the consent of the applicant.
(3)
In the event that the approval authority fails to
take action within the time period prescribed, the application shall
be deemed approved and, on demand, the Engineering Department shall
issue a letter certifying to the date of receipt by the approval authority
and to the failure of the approval authority to take action within
the prescribed time. Such letter shall be evidence of the approval
required.
(4)
In approving any application, the approval authority
may impose such conditions or limitations as it determines necessary
to ensure compliance with the intent, purposes and standards of this
chapter.
(5)
The approval authority shall state upon the record
findings and reasons for all actions taken.
(6)
The approval authority shall file a copy of its decision
in the planning/engineering office and shall mail a copy of its decision
to the applicant. Such decision, if an approval or an approval with
modification or condition, shall constitute the permit.
K.
Expiration of permit.
(1)
A permit, unless otherwise indicated, shall expire
on completion of the acts specified and, unless otherwise indicated,
shall be valid for a period of one year from the date of approval.
A permit may be transferred to a new legal owner of the subject property
subject to the conditions and plans as approved. Notice of such transfer
of permit must be filed with the Engineering Department within 30
days of the transfer.
(2)
The approval authority may suspend or revoke a permit
if it finds that the applicant has not complied with any of the conditions
or limitations set forth in the permit or has exceeded the scope of
the activity as set forth in the applications.
L.
Performance and erosion control bonds.
(1)
The approval authority may require posting of a performance
and or erosion control bond(s) as a condition of approval, the amount
and surety of such bonds is to be approved by the Town Board. The
performance bond is intended to ensure the proper completion of the
proposed activity in accordance with the approved plans, the restoration
of the area to its natural condition as far as practicable and protection
of adjoining property owners from damage resulting therefrom. The
erosion control bond is intended to ensure the proper installation
and maintenance of the erosion control measures during the activity
period. The bond(s) shall remain in effect until the approval authority
certifies that the work has been completed in compliance with the
terms of the permit, whereupon the bond shall be released or reduced
by the approval authority after authorization of the Town Board. A
substitute bond may be provided as approved by the Town Board.
(2)
The applicant may be required to certify that insurance
has been obtained against liability which might result from the proposed
operation or use covering any and all damages which might occur within
three years of completion of such operations, in an amount to be determined
by the approval authority commensurate with the projected operation.
M.
Inspection.
(1)
General procedure. When the approval authority deems
necessary, it shall inspect or cause to be inspected by its representative
activities undertaken pursuant to a permit so as to ensure satisfactory
completion. If upon inspection, it is found that any of the activities
have not been undertaken in accordance with the permit, the applicant
shall be responsible for completing those activities according to
the permit. Failure of the authority or its representative to carry
out inspections shall not in any way relieve the applicant or the
bonding company of their responsibilities.
(2)
Inspection fee. Where the approval authority deems
inspections to be necessary, an applicant shall be required to pay
an inspection fee in an amount set forth in a fee schedule established
by resolution of the Town Board.
(3)
Notification. The applicant shall notify the authority
or its representative when reaching stages of the activity as may
be required in the permit. No activity requiring inspection will be
approved without such notification. Advance notice of at least two
working days shall be given whenever possible.
A.
Rehearing by approval authority.
(1)
Any person making application under the procedures of this Article III and aggrieved by the decision of the approval authority may seek a rehearing by the approval authority within 20 days from the filing of said decision. Upon receipt of the request for rehearing, the approval authority shall set a time within 30 days thereafter when a rehearing will be heard. Public notice shall be given in the Town's official newspaper no less than 10 days prior to such date.
(2)
A rehearing or failure to seek a rehearing shall not preclude a new application containing the same or new material. Failure to seek a rehearing shall not preclude a challenge of determination of the approval authority pursuant to Article 78 of the Civil Practice Law and Rules after appeal pursuant to § 148-9B.
