No excavating, grading, filling, or paving of
land, nor the construction, alteration or addition to a structure
or building shall be permitted on slopelands, unless and until a slopelands
use permit ("slopelands permit")has been issued by the Planning Board.
Application for such slopelands permit shall
be submitted with the following:
A. A completed application with a State Environmental
Quality Review Full Environmental Assessment Form, along with a current
list of record owners of lands within 100 feet of the property.
B. A current, up-to-date topographical survey of the
property showing existing contours with vertical intervals of no more
than two feet; the location and boundaries of any slopelands clearly
labeled as steep slope, very steep slope, or extremely steep slope;
the location of all existing buildings, structures, driveways and
utilities serving the property; existing easements and rights-of-way;
the present use of land and structures; the specific type, size and
location of trees with a circumference of 24 or more inches measured
at a height four feet above ground level; and any other existing features
or characteristics of the land which are required by the Planning
Board.
C. A plan showing all proposed construction and the disturbance
of any portion of the site, including building and driveway locations,
parking areas, landscaping, grading, drainage, utilities and other
planned site uses or improvements contemplated by the applicant.
D. Specific design and construction procedures to be
followed which will mitigate the potential impact of the proposed
site development on the slopelands both during and after construction.
This shall include, but not be limited to, location and type of construction
and material to be used, erosion control measures, site restoration,
plantings, and all other appropriate safeguards and precautions the
Planning Board deems necessary.
E. An application fee and deposit in an amount to be
determined by resolution of the Board of Trustees. If the application
is for work that had been started or completed without the required
permit, the application fee shall be tripled.
In reviewing an application for a slopelands
permit, the Planning Board shall consider the following:
A. Whether the proposed construction and its location
for the requested activity is the appropriate location on the lot,
taking in consideration the slopelands, lot shape, required setbacks,
topography and other lot features, and impact on the surrounding properties.
For areas of extremely steep slope, no activities shall be permitted,
except under extreme circumstances. Application for construction in
areas of extremely steep slope shall be deemed a Type I action under
the New York State Environmental Quality Review Act. For areas of
very steep slope, no activities are permitted except as necessary
to provide basic improvements to the property or residence, such as
a driveway or utility connection, where no other available location
exists;
B. Whether the activity or construction proposed is the
minimum necessary for the applicant's reasonable use and enjoyment
of the land and is in keeping with the character of the surrounding
properties and the Village;
C. All feasible construction standards and precautions
are to be considered and if approved are to be strictly adhered to.
The installation and maintenance of erosion control measures, retaining
walls to limit site disturbance and protecting existing trees and
vegetation and other mitigation measures are priority actions that
must be promptly implemented;
D. The applicant is required to be in compliance with
all other applicable requirements of the Village, town, county, state
and federal agencies including stormwater management. The Planning
Board may withhold approval until all other approvals are obtained.