All words used in the present tense include the future
tense; all words in the plural number include the singular number;
and all words in the singular number include the plural number, unless
the natural construction of the wording indicated otherwise. The word
"lot" includes the word "plat"; the word "building" includes the word
"structure"; and the word "shall" is mandatory and not directory.
The word "use" is deemed also to include "designed, intended, or arranged
to be used." Unless otherwise specified, all distances shall be measured
horizontally.
ANGLE OF REPOSE
The greatest angle at which the exposed face of various soil
and rock materials can deviate from the horizontal without incurring
the likelihood of a slope failure.
APPLICANT
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the City of Peekskill and its governmental agencies, who requests
the approval authority to approve disturbance to a steep slope, or
to whom a steep slope approval or a steep slope work permit has been
granted under the provisions of this chapter.
APPROVAL AUTHORITY
The City agency(s) or public official empowered to administer the permit procedures of this chapter pursuant to §
488-7 of this chapter.
CITY
The City of Peekskill.
DISTURBANCE
The removal of vegetation, or the filling, excavation, regrading
or removal of soil, rock or retaining structures in areas of steep
slope, whether by manual labor, machine or explosive. The condition
of disturbance will be deemed to continue until the area of disturbance
is revegetated and/or permanently stabilized.
DISTURBED AREA
Any steep slope area for which a disturbance is proposed
or is ongoing.
EXCAVATION
Any work which removes or significantly disturbs rock, gravel,
sand, soil, or other natural deposits.
FILL
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
GRADING
Adjusting the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
MATERIAL
All liquid, solid or gaseous substances.
PERSON
Any person, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including
public agencies and municipal corporations.
PROJECT
Any proposed or ongoing action that may result in direct
or indirect physical impact on a steep slope, including, but not limited
to, any regulated work.
STEEP SLOPE
Any geographical area, whether on a single lot or lots, or
a portion of a lot having an existing topographical gradient of 15%
or greater (ratio of vertical distance to horizontal distance) with
a minimum area of 100 square feet.
(1)
Steep slopes are further categorized as:
(2)
The most steeply sloped area within a project
area shall determine approval authority jurisdiction and review procedures.
STEEP SLOPE AREA
Any portion of a project site with an area of 100 square
feet or more containing a steep slope.
STEEP SLOPE WORK APPROVAL
The written form of authorization granted by the approval
authority and required by this chapter prior to the issuance of a
steep slope work permit by the Building Inspector and commencement
of work within a steep slope area.
STEEP SLOPE WORK PERMIT
The written form of permit to commence work within a steep
slope area issued by the Building Inspector.
STRUCTURE (also BUILDING)
A structure wholly or partially enclosed within exterior
walls or within exterior and party walls, and a roof affording shelter
to persons, animals or property. The term "building" shall include
the term "structure" as well as the following:
(2)
Fences over four feet in height.
(3)
Walls, other than retaining walls, more than
three feet high.
(4)
Radio and television antennas, except for such
antennas installed on the roof of a building and extending not more
than 15 feet above the highest level of the roof of such building.
(5)
Pergolas, porches, attached decks and other
similar structures.