A.
Regulated activities. It shall be unlawful to create a new steep slope or to disturb an existing steep slope or to create any other disturbance of land on a steep slope, including the installation of retaining walls, other than an exempt activity as defined in Subsection B hereof, without having first obtained site plan approval from the Planning Board or such other approving authority as provided in this chapter and a work permit from the Building Inspector.
[Amended 8-15-2005 by L.L. No. 3-2005]
B.
Exempt activities. The following activities on steep
slopes do not require the issuance of a permit:
(1)
Normal ground maintenance, including trimming of vegetation
or removal of dead or diseased vegetation, selective trimming and
pruning in previously landscaped areas and decorative planting, provided
such activity does not involve regrading of land or any disturbance
of steep slopes and further provided that such activity conforms with
other applicable local laws and regulations.
[Amended 8-15-2005 by L.L. No. 3-2005]
(2)
The disturbance to steep slopes under temporary emergency
conditions, as determined by the Village Engineer, where such disturbance
is necessary to protect persons or property from present and imminent
danger.
C.
Non-steep-slope site plans. Approval of a site plan by the Planning Board is required for the development or redevelopment of any building, structure, lot or portion thereof for a new use, the expansion or relocation of any existing use or any change in the use of a property or structure. Where site plan approval is required, applications for the issuance of a building permit or certificate of occupancy shall be accompanied by a copy of the approved site plan. Approval of a site plan by the Planning Board shall not be required for development or redevelopment of a single-family detached residence or any accessory building or structure on the same lot as a single-family detached residence except as provided in Subsection A of this section.
[Added 1-26-2009 by L.L. No. 1-2009]
[Amended 1-26-2009 by L.L. No. 1-2009]
A.
In granting a site development plan pursuant to Subsection A of § 119-2 of this Code, the approving authority shall determine the following:
(1)
That
the proposed activity and the manner in which it is to be accomplished
are in accordance with the purpose and findings set forth in this
chapter.
(2)
That
the proposed activity and the manner in which it is to be accomplished
can be completed without increasing the possibility of creep or sudden
slope failure and will minimize additional erosion to the maximum
extent practicable.
(3)
That
the proposed activity and the manner in which it is to be accomplished
will not adversely affect the preservation and protection of existing
wetlands, water bodies, watercourses and floodplains.
(4)
That
the proposed activity and the manner in which it is to be accomplished
can be completed in such a way so as not to adversely affect existing,
proposed or potential future wells or sewage disposal systems or any
endangered species of flora or fauna.
(5)
That
the proposed activity and the manner in which it is to be accomplished
are consistent with the principles and recommendation of the adopted
Village Master Plan.
B.
In granting a site plan pursuant to Subsection C of § 119-2 of this Code, the Planning Board shall determine the following:
(1)
The
Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. The Planning Board shall require, with respect
to every site plan, that the applicant take all necessary steps to
assure that, during construction, all construction debris, materials
and fill are either removed from the construction site or neatly secured
on the site so that construction debris, materials and fill are contained
within the lot and are not spread to other lots or onto the public
or private streets. Such requirement shall not be subject to waiver
by the Planning Board. However, the Planning Board may waive any other
requirements that are found not to be necessary for the protection
of the public health, safety and welfare or to be inappropriate to
the particular site plan. Where a proposed site plan does not comply
with zoning regulations, application shall be made to the Zoning Board
of Appeals on referral from the Planning Board without the necessity
of a decision or determination by the Building Inspector.
(2)
All
site development and all use of the property shall be in conformance
with the approved site plan and such additional standards and safeguards
as the Planning Board may impose as a condition of approval. No certificate
of occupancy shall be issued until all such requirements have been
met. Continued performance with the approved site plan shall be a
requirement of the continuing validity of any such certificate of
occupancy.
