[Added 7-16-1993 by L.L. No. 2-1993[1]]
[1]
Editor's Note: This local law also repealed former Art.
IV, Soils and Hillside Preservation, as amended.
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.
A.
Criteria for Planning Board approvals.
(1)
Before the approval of the Planning Board of a plat showing
lots, blocks or sites, with or without streets or highways, or the
approval of an entirely or partially undeveloped plat already filed
in the office of the Clerk of the County, the Planning Board shall
require that the land shown on the plat be of such character that
minimum criteria have been met. Each lot, block or site shall demonstrate
the following capabilities:
(a)
A minimum potential buildable area of at least 3,500 contiguous square feet having a minimum dimension in all directions of 50 feet. For purposes of this Article, "potential buildable area" shall mean an area which is exclusive of lands proposed for a sewage disposal system in accordance with regulations established by the Orange County Department of Health and be free of steep slopes as defined in § 172-70.
(2)
Whenever the preparation of a conventional subdivision plan
is required so as to establish a dwelling unit lot count, as in a
conservation subdivision under provisions of § 7-738 of
the Village Law, such plan shall be prepared in accordance with the
above requirements.
B.
Criteria for lots or sites created not requiring Planning Board approval.
Each lot or site not requiring approval from the Planning Board shall
be subject to the provisions of this Article.
C.
Criteria for building permit approval. Prior to approval of a building
permit on any lot or site created, the Code Enforcement Officer shall
find that the following minimum criteria have been met:
(3)
On Class III (extremely steep) slopes, land disturbance shall
be restricted to existing ground areas only as needed for footpaths
and essential utility corridors.
(4)
Within steep slope buffer zones, land disturbance shall be restricted
to cutting existing vegetation having a diameter of less than eight
inches at breast height.
A.
In denying, granting or granting with modifications any application,
the reviewing agency shall require consistency of the proposed activity
with this Article, and the standards set forth below.
B.
Where the reviewing agency finds that because of the special circumstances
of a particular case, strict compliance with the following standards
is not practicable, the reviewing agency may adjust the standards
so that substantial justice may be done and the public interest secured,
provided that such adjustment will not have the effect of nullifying
the intent and purpose of these regulations. In granting any adjustment,
the reviewing agency shall attach such conditions as are, in its judgment,
necessary to substantially secure the objectives of the standards
or requirements so adjusted.
C.
Disturbance of steep slopes shall be consistent with the current
understanding of good architecture, design, landscape architecture
and civil engineering such that, to the maximum extent possible:
(1)
The planning, design and development of building design shall
provide the maximum in structural safety and human enjoyment while
adapting the building site to and taking advantage of the best use
of the natural terrain.
(2)
The padding or terracing of building sites, including the mounding
of septic tile fields, shall be minimized so that the site conforms
to the natural contours of the land.
(3)
Roads and driveways shall follow natural topography, minimize
regrading and comply with the design standards for maximum grade.
(4)
The natural elevations and vegetative cover of ridge lines shall
be disturbed only if the crest of the ridge and the tree line at the
ridge remains uninterrupted by positioning buildings and areas of
disturbance below the ridge line.
(5)
Any regrading shall blend in with the natural contours and undulations
of the land.
(6)
Cuts and fills shall be rounded off to eliminate sharp angles
at the top, bottom and sides of regraded slopes.
(7)
The angle of cut-and-fill slopes shall not exceed the natural
angle of repose of the soil or rock materials in the cut or fill,
except where retaining walls or other structural stabilization is
used. Generally for soils, cut-and-fill slopes shall be no steeper
than two horizontal to one vertical [50% slope].
(8)
Fill slopes shall not be located on natural slopes of two horizontal
to one vertical [50% slope] or steeper or where the fill slope bottoms
out within 12 feet horizontally of the top of an existing or proposed
cut slope.
(9)
Tops and bottoms of cut-and-fill slopes shall be set back from
existing and proposed property boundaries a distance of three feet,
plus 1/5 of the height of the cut or fill, but need not exceed a horizontal
distance of 10 feet.
(10)
Tops and bottoms of cut-and-fill slopes shall be set back from
structures a distance that will ensure the safety of the structure
in the event of the collapse of the cut-and-fill slopes. Generally,
such distance shall be considered to be six feet, plus 1/5 the height
of the cut or fill, but need not exceed 30 feet. Nevertheless, a structure
built on a slope or at the toe of a slope is permitted if it is properly
designed to retain the slope and withstand the forces exerted on it
by the retained slope.
(11)
Disturbance of rock outcrops shall be by means of explosives
only if labor and machines are not effective and only if rock blasting
is conducted in accordance with all applicable regulations by a person
holding a current Class A or Class B certificate of competence from
the New York State Department of Labor.
(12)
Disturbance of steep slopes shall be undertaken in workable
units in which the disturbance can be completed within one construction
season so that areas are not left bare and exposed during the winter
and spring thaw periods.
(13)
Disturbance of existing vegetative ground cover shall not take
place more than 15 days prior to grading and construction.
(14)
Temporary soil stabilization must be applied to an area of disturbance
within two days of establishing the final grade and permanent stabilization
within 15 days.
(15)
Soil stabilization must be applied within two days of disturbance
if the final grade is not expected to be established within 60 days.
(16)
Measures for the control of erosion and sedimentation shall
be undertaken consistent with the Orange County Soil Conservation
Commission's Practices Manual or its equivalent satisfactory
to the Planning Board.
(17)
All proposed disturbance of steep slopes shall be undertaken
consistent with the soils limitations ratings contained in the Orange
County soil survey, as prepared by the Orange County Soil and Water
Conservation Commission, in terms of recognition of limitations of
soils on steep slopes to development and application of all mitigating
measures and as deemed necessary by the Planning Board.
(18)
Topsoil shall be stripped from all areas of disturbance, stockpiled
in a manner to minimize erosion and sedimentation and replaced elsewhere
on the site at the time of final grading.
(19)
No rubbish, organic frozen, or soft compressible material or
rock with a diameter that will not allow appropriate compaction or
cover by topsoil shall be used as fill material.
(20)
Compaction of fill materials in fill areas shall be such as
to ensure support of proposed structures and stabilization for intended
uses.
(21)
Sanitary sewage disposal systems shall be prohibited on Class
II and Class III steep slopes.
(22)
Prior to, during and after site preparation and construction,
an integrated drainage system shall be provided which at all times
minimizes erosion, sediment, hazards of slope instability and adverse
effects on neighboring property owners.
(23)
The natural drainage system shall generally be preserved in
preference to modifications of this system, except where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring property owners.
(24)
All drainage systems shall be designed to handle adequately
anticipated flows, both within the site and from the entire upstream
drainage basin, so as to achieve no net increase in peak rate runoff
from the site.
(25)
Sufficient grades and drainage facilities shall be provided
to prevent the ponding of water, unless such ponding is proposed within
the site plans, in which event there shall be sufficient water flow
to maintain proposed water levels and to avoid stagnation.
(26)
There shall be provided, where necessary to minimize erosion
and sediment, such measures as benches, berms, terraces, diversions
and sediment, debris and retention basins; however, all site development
shall conform to the natural contours of the land.
(27)
Drainage systems, plantings and other erosion or sediment control
devices shall be maintained as frequently as necessary to provide
adequate protection against erosion and sediment and to ensure that
the free flow of water is not obstructed by the accumulation of silt,
debris or other material or by structural damage.
(28)
Site preparation and construction shall not adversely affect
the free flow of water by encroaching on, blocking or restricting
watercourses.
A.
Simultaneously with an application for subdivision, site plan or
building permit review, where required, the applicant shall submit
information containing the following elements:
(1)
Location of proposed construction or area of disturbance and
its relationship to property lines, easements, buildings, roads, walls,
sewage disposal systems, wells and wetlands within 100 feet.
(2)
Estimated material quantities of excavation/fill.
(3)
Location and size of areas of Class II and Class III slopes,
under existing and proposed conditions, in the area of proposed disturbance
and within a distance of 100 feet, including the steep slope buffer
zone.
(4)
Existing and proposed adjusted contours at two-foot intervals
in the area of proposed disturbance and to a distance of 100 feet
beyond.
(5)
Cross sections of critical slope areas.
(6)
Retaining walls, with details of construction signed and sealed
by a qualified professional.
(7)
Erosion and sedimentation control plan.
(8)
Other details, including specific reports by qualified professionals
on soils, geology and hydrology, as may be determined to be necessary,
including:
(a)
Other geological characteristics of the area proposed for development.
The report shall include an adequate description of the geology of
the site, conclusions and recommendations regarding the effect of
geologic conditions on the proposed development and opinions and recommendations
of the adequacy of the area to be developed.
(b)
Other hydrological characteristics of the area proposed for
development. The report shall include an adequate description of the
hydrology of the site, conclusions and recommendations regarding the
effect of hydrologic conditions on the proposed development and opinions
and recommendations of the adequacy of the area to be developed.
(c)
Revegetation plan, which shall include a complete description
of the existing trees and vegetation, the trees and vegetation to
be removed and method of disposal, the trees and vegetation to be
planted and slope stabilization measures to be installed. The plan
shall include an analysis of the environmental effects on slope stability,
soil erosion, water quality and fish and wildlife.
B.
For sanitary sewer disposal systems ("SSDS") on Class I (moderately
steep) slopes, the following information must be included in mandatory
on-site soils investigation:
(1)
Deep test pit observations downslope from the proposed system,
to check for the presence of ledge outcroppings, springs or groundwater
seepage which may indicate horizontal movement of groundwater.
(2)
Documentation of the texture of the soil and whether any impermeable
layers (i.e., clay, hard pan) or soil mottling, indicating seasonable
high groundwater, are present.
(3)
The renovation capacity of the soils.
(4)
Evidence of ownership or control of the zone of influence of
the SSDS.
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,[1] the adoption of a negative declaration or acceptance of
a draft environmental impact statement.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
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.
