It is the intent of this Article not to preclude development
but to ensure that development and uses in all Village zoning districts
fit the topography, soils, geology, hydrology and other conditions
existing within these areas of the Village.
A. Steep slopes protection. It is declared to be the intent of the Village
of Cornwall-on-Hudson to preserve steep slopes to the greatest extent
practicable and to regulate their use to protect the public interest
by ensuring the maximization of benefits found to be provided by the
preservation of steep slopes and by ensuring the minimization of detrimental
effects through the practice of properly managed disturbance of steep
slopes.
B. All applications for subdivision, site plan or building permit approval
shall be subject to the within requirements.
The Board of Trustees of the Village of Cornwall-on-Hudson makes
the following findings regarding steep slopes, as defined below, of
the Village:
A. Steep slopes in Cornwall-on-Hudson are environmentally sensitive
land forms and valuable natural resources which are of benefit to
the entire Village and the surrounding region. The environmental sensitivity
of steep slopes often results from such features as shallow soils
over bedrock, bedrock fractures, groundwater seeps, watercourses and
other wetlands found on or immediately adjacent to steep slopes.
B. Protection of steep slopes is a matter of concern to the entire Village.
The establishment of regulatory and conservational practices in this
critical area are needed to protect the public health, safety and
general welfare. Experience has demonstrated that effective protection
of steep slopes requires preservation, wherever possible, and careful
review and regulation, including stringent mitigating measures, of
disturbance of soil and vegetation on steep slopes where they have
to be disturbed.
C. The improperly managed disturbance of steep slopes can aggravate
erosion and sedimentation beyond rates experienced in natural geomorphological
processes. Erosion and sedimentation often include the loss of topsoil,
a valuable natural resource, and can result in the disturbance of
habitats, degradation of the quality of surface water, alteration
of drainage patterns, obstruction of drainage structures and intensification
of flooding.
D. The inadequately controlled disturbance of certain steep slopes can
lead to the failure of slopes and the mass movement of earth; damage
to natural environment, man-made structures and personal safety; and
the degradation of aesthetics.
E. Steep slopes, including vegetation and rock cliffs, are an important
environmental and aesthetic feature that contribute to the character
of the Village of Cornwall-on-Hudson. Overdevelopment or improperly
managed disturbance are detrimental to the character of the Village.
F. Regulation of steep slopes is consistent with the legitimate interests
of landowners to make reasonable use of their land. Regulation can
prohibit the degradation of steep slopes and allow reasonable use
of private property by encouraging flexible design of development
so as to avoid disturbance of steep slopes. Regulation can also permit
environmentally sound disturbance of steep slopes conducted in accordance
with acceptable engineering practices to permit reasonable use of
private property.
In order to implement the intent of this Article, the following
policies shall be utilized in evaluating an application for a subdivision
site plan and building permit:
A. Review objective.
(1) Every effort shall be made to maintain the beauty of the landscape,
to avoid degradation of the environment and to allow reasonable and
practicable use of a property.
(2) Every effort shall be made to seek the permanent preservation of
steep slopes by such means as the use of imaginative and innovative
site design.
B. Approval standards. Where a proposed disturbance cannot be avoided
so that reasonable use of a property may occur, such disturbance shall
be minimized and shall be in accordance with the standards set forth
herein.
Where up to 25% of the total gross area of the parcel to be
developed consists of land with slopes equal to or greater than 25%,
1/2 of the total of the land with slopes equal to or greater than
25% shall be subtracted from the total gross area. Where more than
25% of the total parcel to be developed consists of land with slopes
equal to or greater than 25%, 1/2 of 25% of the total gross area,
together with the amount of land with slopes equal to or greater than
25% in excess of the initial 25% of the total gross area, shall be
subtracted to determine the adjusted gross buildable area to compute
the maximum number of dwelling units or building lots permitted.
As a condition of approval and compliance with the intent and purposes of this section, the applicant shall be required to file with the Village a performance bond, secured by a letter of credit, and/or cash deposit sufficient to cover the full cost of improvements and treatment required by this Article, as estimated by the Village Engineer. The amount and period of said bond and/or cash deposit shall be determined by the Planning Board, and the form, sufficiency and manner of execution shall be subject to the approval of the Village Board of Trustees. No more than one performance bond needs to be posted in order to fulfill the requirements of this provision or as otherwise required under other provisions of this chapter or of Chapter
139, Subdivision of Land.
The provisions of this Article shall not apply to any development,
alteration or improvement of property for which final approval shall
have been obtained and not expired and the approved work not completed
prior to the effective date of this Article. As used in this section,
the term "final approval" shall mean:
A. In the case of the subdivision of land, either conditional approval
of a final plat as the term is defined in the Village Law or, pursuant
to the State Environmental Quality Review Act, the adoption of a negative declaration or acceptance of
a draft environmental impact statement.
B. In the case of a site plan not involving the subdivision of land,
adoption by the Planning Board of a resolution granting approval or,
pursuant to the State Environmental Quality Review Act, the adoption
of a negative declaration or acceptance of a draft environmental impact
statement.
C. In those cases not covered by Subsection
A or
B above, the issuance of a building permit or other authorization for the commencement of the development, alteration or improvement of property or for those developments, alterations or improvements for which the Village of Cornwall-on-Hudson does not require such permits, the actual commencement of the development, alteration or improvement of property.
The Village Engineer, Soil Conservation Service and any other
agency deemed necessary by the reviewing agency to evaluate the proposal
shall review and submit recommendations during the course of application
review.