The Town Board of the Town of New Castle finds and declares it to be the public policy of the Town to preserve, protect and conserve its steep slopes so as to maintain and protect the natural terrain and its vegetative features, preserve wetlands, water bodies and watercourses, prevent flooding, protect important scenic views and vistas, preserve areas of wildlife habitat, provide safe building sites and protect adjoining property by preventing surface erosion, creep and sudden slope failure. In this connection, the Town Board finds as follows:
A.
Protection of steep slopes is a matter of concern to the entire town. The establishment of regulatory and conservation practices to prevent disturbance of steep slopes is needed to protect the public health, safety and general welfare. Experience has demonstrated a need for effective protection of steep slopes, including careful review and regulation and the implementation of stringent mitigation measures where, in the opinion of the approving authority, no practicable alternative to such disturbance exists. However, in all cases where the approving authority determines that total avoidance of steep slopes is not practicable, such disturbance should constitute the minimum disturbance necessary to ensure the property owner a reasonable use of his property.
B.
The improperly managed disturbance of steep slopes can aggravate erosion and sedimentation beyond rates experienced in natural geomorphological processes. Erosion and sedimentation often include the loss of topsoil, a valuable natural resource, and can result in the disturbance of habitats, degradation of the quality of surface water, alteration of drainage patterns, the gullying of land, obstruction of drainage structures and intensification of flooding both on and off the subject site.
C.
The inadequately controlled disturbance of steep slopes can lead to the failure of slopes and the mass movement of earth; danger to the natural environment, man-made structures and the safety of persons; and the degradation of aesthetics.
D.
Steep slopes, including vegetation and rock outcroppings located thereon, are important environmental features that contribute significantly to the visual impression one forms while traveling through New Castle. Areas that are highly visible from the roadways are particularly important in maintaining the town's semirural character. Overdevelopment of or improperly managed disturbance to these areas are detrimental to the visual character of the town.
E.
Regulation of disturbance to steep slopes is consistent with the legitimate interests of landowners to make reasonable use of their land. Regulation can prohibit the degradation of these important environmental features and allow the reasonable use of private property by encouraging flexible development design so as to avoid disturbance of steep slopes. Regulation can also permit environmentally sound disturbance of steep slopes conducted in accordance with acceptable engineering practices to permit reasonable use of private property.
F.
To mitigate the potential adverse impacts of development on steep slopes, the approving authority should seek the permanent preservation of such areas by such means as the use of imaginative and innovative site design, including the application of § 281 of the New York State Town Law,[1] and the establishment of conservation easements and other land preservation techniques.