A.
Steep slope work permits issued pursuant to this chapter
shall contain conditions including the following:
(1)
The work permit shall expire on a specified date,
no later than one year from the date of issuance.
(2)
The permit holder shall notify the Building Inspector
at least five days in advance of the date on which the work is to
begin.
(3)
The work permit shall be prominently displayed at
the project site during the undertaking of the activities authorized
by the permit.
(4)
A report shall be submitted at least monthly by the
project engineer to the City of Peekskill on the status of the work
authorized by the steep slope work permit and its expected completion
date. The limits of disturbed area and/or disturbance associated with
the report shall be staked in the field for inspection by the City
or its representatives. Such report shall include a discussion of
areas of disturbance to non-steep slope areas as well as steep slope
areas. The report will include a statement as to when disturbed areas
will be revegetated or otherwise stabilized.
(5)
A specific discussion of any subareas of disturbance
or phased disturbance approved as part of the application. The disturbed
area to be authorized by the instant steep slope work permit shall
be shown and distinguished from any other areas to be authorized by
other steep slope work permits contemplated by the steep slope application
approval.
(6)
Submission of a signed and sealed closure report upon
completion of the authorized work addressing compliance with the approval
conditions and steep slope work permit.
C.
Performance guaranty; maintenance guaranty.
(1)
The approval authority may require that, prior to
commencement of work under any work permit issued pursuant to this
chapter, the applicant shall post with the City a performance guaranty
or bond in an amount recommended by the City Engineer and with surety
and conditions approved by the City's Corporation Counsel, sufficient
to secure compliance with the permitted work, and with the conditions
and limitations set forth in the permit, and to allow for inspections
during and at the completion of the work. The particular amount and
the conditions of the performance guaranty shall be consistent with
the purposes of this chapter. The performance guaranty shall remain
in effect until a certificate of completion is issued and the City
Engineer, the Director of Planning, Development and Code Assistance
and the Corporation Counsel sign a release of the performance guaranty,
or until a substitute performance guaranty is provided. In the event
of a breach of any condition of any permit, the approval authority
may obtain and make appropriate use of the proceeds of the performance
guaranty.
(2)
The performance guaranty shall be converted into a
maintenance guaranty upon completion of the work. The amount of the
maintenance guaranty shall be 25% of the amount of the performance
guaranty. The maintenance guaranty shall remain in effect for a period
of one year from the date that the performance guaranty is released.
The date of acceptance of the maintenance guaranty shall be the same
as the date of release of the performance guaranty.
D.
Expiration of steep slope work approval and permit;
extensions.
(1)
All steep slope work approvals shall expire on completion
of the acts specified therein and, unless otherwise indicated, shall
be valid for a period of one year from the date of issue. The approval
authority may extend the time in which the acts specified in the approval
must be completed if of the opinion that such extension is warranted
by the particular circumstances involved. Extensions of approvals
shall follow the same form and procedure as outlined for site plans
in the City Zoning Code.[1] After expiration of a steep slope work approval for which
work has not been completed, an application for a new approval, including
payment of new fees, must be made. The request for a new approval
shall follow the same form and procedure as the original application,
except that the approval authority shall have the option of not holding
a public hearing if the original intent of the permit is not altered
or extended in any significant way.
(2)
In the case of an approval where the work on the steep
slope(s) is partially completed, the number and length of extensions
shall be at the sole discretion of the approval authority.
(3)
Steep slope work permits shall be administered in
like fashion to a building permit.
(4)
In the case of a steep slope work permit where the
work on the steep slope(s) is partially completed, extensions shall
be at the sole discretion of the approval authority.
(5)
A request for an extension of a steep slope work permit
original permit shall be made in writing to the Director of Planning,
Development and Code Assistance at least 30 days prior to the expiration
date of the original permit and each extension.
A.
A steep slope work permit will be valid for a period
of one year. Work permits, including all of their conditions, shall
be binding on successors and assignees of the applicant.
B.
Following completion of the work, the applicant shall
submit certification by the designer of record that the completed
work meets the requirements of the steep slope work approval. The
Building Inspector will verify that the work has been completed in
accordance with such approval. Submission of an as-built survey shall
be made to the City Building Inspector.
C.
The Building Inspector shall not issue a certificate
of completion until the Building Inspector has verified that all work
has been completed in accordance with the steep slope work permit.
D.
Any proposed revision to work covered by a steep slope
work permit shall be reviewed by the City Engineer and/or the Director
of Planning, Development and Code Assistance. Where the Director of
Planning, Development and Code Assistance determines that a substantial
revision is proposed, the submission of a new application shall be
required.
Any party aggrieved by a decision of the Building
Inspector to issue a stop-work order, or of any decision of the Director
of Planning, Development and Code Assistance may appeal the decision
to the Planning Commission. Any party aggrieved by a decision of the
Planning Commission may seek judicial review pursuant to Civil Practice
Law and Rules Article 78.
