This article shall be known as the "Environmentally
Sensitive Sites or Features Law and Regulations."
As used in this article, the following terms shall have the meanings indicated, which below definitions shall supplement and augment those definitions set forth in §
210-2 of this chapter:
CONSERVATION AREA
An area of land where construction, building activities,
excavation, depositing of fill or soil disturbance of any kind, and/or
the installation, placement, location or erection of structures, buildings
or other improvements shall not be permitted or allowed to occur in
or located on, about or within; and which area shall be preserved
and maintained forever undisturbed and in its natural state, within
which area perennial or annual vegetation (including, but not limited
to, trees and/or ground cover) shall not be cut, removed, altered,
destroyed or cleared by excavation, cutting, digging, removal, alteration,
destruction or similar activities or disturbance, except that very
limited weeding, gardening and selective pruning of vegetation, or
the selective pruning of diseased trees, invasive species or noxious
plants (such as poison ivy or poison oak), or the cutting down or
removal of dead trees may be permitted and allowed subject to the
prior approval of the Village Engineer and Village Building Inspector.
The establishment of a conservation area shall be documented by the
execution of a covenant and conservation easement, in substance and
form satisfactory to the Village Attorney and the Village Engineer,
which legal instrument shall run with the land and be recorded in
the Rockland County Clerk's office at the cost and expense of, and
executed by, the owner of the real property containing the conservation
area; and which shall include a provision releasing the Village of
Piermont and indemnifying and holding the Village harmless from any
and all responsibility, liability and obligation to preserve, maintain
or protect the conservation area, such liability, obligation and responsibility
to rest fully and completely upon the owner of the real property containing
the conservation area.
CUSTOMARY LANDSCAPING
Land maintenance involving tree trimming and pruning, the
removal of dead and or diseased vegetation, lawn and garden care and
the planting of decorative trees, shrubs, and plants.
DISTURBANCE
Construction, building, erection or installation of any structure, building or improvement on land; removal of trees (as defined in Chapter
185, Article
II, of this Code); modification or alteration of land topography by cutting, clearing, grubbing, excavating, grading, moving, filling, or stripping of topsoil; and/or demolition.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced
or spread.
FILL
Any act by which earth, sand, gravel, rock, or any other
material is deposited, placed, replaced, dumped, transported, or moved
by person or persons to a new location.
FLOODWAY
See definition of "floodway" set forth in Chapter
112, Flood Damage Prevention, of the Code of the Village of Piermont.
GRADE
The contour or surface elevation of the ground.
GRADE, FINISHED
The contour or surface elevation of the ground at the completion
of a project after any disturbance.
GRADE, NATURAL
The natural contour or surface elevation of the ground before
any disturbance.
IMPERVIOUS SURFACES
Manufactured or man-made impermeable matter, substances or
materials that generate surface water runoff, including, but not limited
to: buildings; structures; concrete, asphalt, macadam, paver-stone,
brick or stone block driveways, walkways, sidewalks, parking pads
or platforms, and patios; inground or aboveground pools; tennis courts;
and storage shed foundations. Gravel shall not be considered an impervious
surface.
LAND USE ACTION
Includes, but is not necessarily limited to, applications
for: site development plan; subdivision, special permit, bulk/area
variances or use variances; and any land clearing, grading, filling,
excavation, use of motorized equipment to cut trees or to clear land,
or other operations resulting in land disturbance.
NATURAL STATE
Undisturbed land that retains natural vegetation and topography,
and that contains no structures, buildings, impervious surfaces, retaining
walls or other improvements or permanent or transient activity.
NET LOT AREA
The total square footage for each slope category (as defined in this Article
XIX) of the original grade land area (the gross lot area) multiplied by the applicable percentage reduction for that steep slope category (see §
210-116D(1) of this Article
XIX), which resulting multiplication products (in square feet) for all steep slope categories are added together, which total square footage sum is then subtracted from the original grade land area (the gross lot area), and which resulting difference shall be referred to as the "net lot area" and shall be the basis for calculating the floor area ratio.
RIDGELINE
A swath or breadth of land, with the associated vegetation,
which connects the highest elevation of land along a ridge, hill crest,
hilltop or series of hill crests, hilltops or prominent knolls.
SLOPE CATEGORIES
Categories of slope for this Article
XIX are as described in the following table below:
Slope Category
|
Slope Gradient
|
---|
I
|
0% to 24.99%
|
II
|
25% to 34.99%
|
III
|
35% to 39.99%
|
IV
|
40% and greater
|
SLOPE GRADIENT
The ratio of the vertical rise of the original grade divided
by the horizontal run of the original grade. For example, a slope
consisting of a one-foot vertical rise over a four-foot horizontal
run has a 25% slope gradient; a slope consisting of a one-foot vertical
rise over a two-and-a-half-foot horizontal run has a 40% slope gradient.
WATERCOURSES
A channel for water, having defined bed and banks, down which
surface water flows on a permanent or semipermanent basis, or at least,
under natural conditions, for a substantial time after periods of
heavy rainfall within its catchment, whether it contains or conveys
water continuously, intermittently or perennially. Watercourses within
the Village of Piermont shall include, but are not necessarily limited
to, those watercourses depicted on the Town of Orangetown County Regulated
Streams Map, dated February 2005, prepared by the Rockland County
Department of Planning, GIS (Project File Name: Cty_Reg_Org.mxd),
including: Hudson River, Sparkill Creek, tributaries on the south
and north sides of the Sparkill Creek, Whitten Pond outflow stream,
St. John's Stream, and Pier Watercourses.
The following are determined to be environmentally
sensitive sites or features when present on or within the stated distances
of a particular location at or in excess of the threshold criteria
set forth below:
A. Water resources, including perennial or intermittent
watercourses, ponds, lakes, and reservoirs.
B. "Wetlands," defined as any area which meets one or
more of the following criteria:
(1)
Lands and waters of the state that meet the
definition provided in § 24-0107, Subdivision 1, of the
New York State Freshwater Wetlands Act [Article 24 of the New York
State Environmental Conservation Law ("ECL")] but without regard to
the minimum size standards set forth in the ECL.
(2)
Lands and waters of the state that meet the
definition of "wetlands" provided in a report dated January 10, 1989,
and entitled "Federal Agency Committee for Wetland Delineation, 1989,
Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
U.S. Corps of Engineers, U.S. Environmental Protection, U.S. Fish
and Wild Life Service and U.S.D.A. Soil Conservation Service, Washington,
D.C., Cooperative Technical Publication."
(3)
Lands and waters of the state that meet the
definition of "wetlands" provided in the Tidal Wetlands Act, New York
Environmental Conservation Law Article 25, and the implementing regulations
in 6 NYCRR Part 661.
C. Areas of shallow flooding, areas of special flood hazard, coastal high-hazard areas and regulatory floodways, including floodways within any slope category (hereinafter together referred to as "floodways"), as defined and determined by the local administrator under Piermont Code Chapter
112, Flood Damage Prevention.
D. Land areas deemed slope Category II, Category III, or Category IV as defined in this Article
XIX.
E. Rock outcroppings, or parts of rock formations that
appear above the surface of the surrounding original grade.
F. The Clausland Mountain ridgeline.
The following thresholds shall determine that
a site or feature, parcel, tract or lot, or portion of parcel, tract
or lot, is or contains an environmentally sensitive site or feature:
A. Any site, property, location, feature, parcel, tract
or lot, or portion of parcel, tract or lot, which is traversed by,
on the bank of or within 10 feet of any watercourse.
B. An area of 1,000 square feet, or a combination or
aggregation of areas each at least 100 square feet and totaling 1,000
square feet, of wetlands or other water resources.
C. An area or a combination or aggregation of areas amounting
to 10% of the site, property, location, feature, parcel, tract or
lot, or portion of parcel, tract or lot, which slopes in any direction
or combination of directions by 25% or more, as measured in accordance
with the following methodology:
(1)
Vertical measurement. Vertical measurement shall
be determined by utilizing two-foot contours, as documented and verified
by an on-site survey performed and prepared by a New York State licensed
land surveyor. The survey shall depict the existing and current conditions
and status of the subject real property; except that a survey may
be older if there have been no changes to the real property or to
the lot boundaries, and if there have been no covenants or easements
recorded, since the date of such older survey.
(2)
Horizontal measurement. Horizontal measurement
shall be determined by the use of an appropriate scale which, unless
directed otherwise by the approving Village land use board exercising
approval jurisdiction or Village Engineer, shall be one inch for 20
feet.
(3)
Application of vertical and horizontal measurements.
The vertical and horizontal measurements are utilized to determine
the slope by dividing the vertical rise, on the basis of two-foot
contours, by the horizontal distance between two adjacent two-foot
contours. All surveys, calculations and documents shall be performed
and submitted by the applicant and shall bear the seal and original
signature of a professional engineer or land surveyor licensed to
practice in the State of New York. Measurement of slope shall be initiated
at the lowest point in the property extending up to the highest point.
(4)
The site development plan, plot plan, subdivision
plat or survey shall be marked with a breakout, i.e., a pictorial,
graphic or symbolic representation with a legend, of the surface areas
of the site (for which application for approval of a land use action
has been made) that fall into each Category of steep slope designation.
(5)
Areas of a site (for which application for approval of a land use action has been made) that are categorized as Category II, Category II or Category IV that individually constitute a contiguous surface of 100 square feet or less are not to be included as steep slopes in the determination of reduction in the lot area calculation (as described in §
210-116E below). Other restrictions to land disturbance or development remain in effect for all areas designated in the Category II, Category III and Category IV slope areas.
D. An area of 500 square feet, or a combination or aggregation
of areas each at least 50 square feet, of exposed rock.
E. Any combination of the above features, no one of which meets the thresholds stated, but which in combination meet the intent of this section as determined by the approving body after consultation with the Building Inspector, Village Engineer and/or the local administrator under Piermont Code Chapter
112, Flood Damage Prevention.
F. Any site, property, location, feature, parcel, tract
or lot, or portion of parcel, tract or lot, which is traversed by
or within 100 feet distance of the Clausland Mountain ridgeline.
Notwithstanding other provisions of the Piermont Code to the contrary, and in addition to specific regulations pertaining to the approval of land use actions on, involving, or which may affect an environmentally sensitive site or feature, no such approval shall be given except following a public hearing held on at least 10 day's advance notice published in the Village's official newspaper and mailed to all property owners abutting or within 200 feet of the site for which application for approval of a land use action has been made; however, any unintentional errors, mistakes, omissions or oversights in providing such notice, so long as these notice requirements are substantially complied with, shall not void, nullify or invalidate any decision rendered by the approving body. No such public hearing shall be required for one-family detached dwellings in accordance with §
210-77D of this chapter (minor construction regulations). The land use action applicant shall be solely responsible for and obligated to reimburse the Village of Piermont for any and all professional consultants' fees and charges incurred by the Village as may be necessary to guide, inform and/or report to the Village Building Inspector and/or land use boards having approval jurisdiction, including the fees and charges of the Village Engineer and local administrator (Piermont Code Chapter
112, Flood Damage Prevention).
This article shall take effect immediately,
except this article shall not apply to land use applications which
at the time of the adoption of this article: have been issued a building
permit which has not expired; have received approval from all required
land use boards and which approvals have not expired, lapsed, or become
null and void; or are pending and have undergone at least five formal
review meetings by the Village Board, Planning Board and/or Zoning
Board of Appeals of the Village of Piermont.