[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan 2-19-2008 by L.L. No. 5-2011. Amendments noted where
applicable.]
[Amended 7-5-2023 by L.L. No. 3-2023]
The way in which presently undeveloped acreage in the Village is developed is of critical importance to the public interest. The standards for lot count contained in Chapter 211 of the Village Code, which exclude environmentally sensitive lands from the acreage upon which lot count is based, are designed to provide for flexibility in the siting of buildings and other facilities so that the disturbance or alteration of steep slope areas and other environmentally sensitive lands can be avoided. Nonetheless, the Village recognizes that disturbance or alteration of steep slope areas may be necessary in some cases involving only moderately steep slopes (grades of between 15% and 30%), and in exceptional cases involving grades of 30% or greater in which compelling circumstances clearly demonstrate the need to disturb steep slopes and adequate protection measures will be provided. The purpose of this chapter is to establish regulations which prevent improper disturbance or alteration of steep slopes. The intent is not to restrict general development in the Village, but to guide land use proposals into areas where they best preserve and enhance these natural resources and preserve and protect the visual and environmental character of the land.
A.
Steep slopes and adjacent watercourses and wetlands have been or
are in jeopardy of being damaged or destroyed by unregulated filling,
excavating, building, clearing and other such acts which are inconsistent
with the natural condition or acceptable uses of steep slopes. Steep
slopes in the Village of Buchanan are environmentally sensitive landforms
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 rock outcrop,
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 conservation practices in this
critical area is needed to protect the public health, safety, and
general welfare. Experience has demonstrated that effective protection
of steep slopes requires preservation wherever possible. Experience
has further demonstrated that where steep slopes have to be disturbed,
careful review and regulation, including stringent mitigating measures,
is required.
C.
The Village's experience with past development has shown that 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, the silting
of wetlands, alteration of drainage patterns, obstruction of drainage
structures and intensification of flooding.
D.
The Village's experience with past development has shown that the
inadequately controlled disturbance of certain steep slopes can lead
to the failure of slopes and the mass movement of earth; rock- and
landslides; 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 feature that contribute to the character and desirability
of the Village of Buchanan and help contribute to and maintain the
value of residential property in the Village. Overdevelopment or improperly
managed disturbance are detrimental to the character and desirability
of the Village and can result in public and private expenditures for
corrective measures; negative effects on property values; and unnecessary
and unwarranted increases in the costs of providing and maintaining
public services and facilities, such as streets, water, sewers, emergency
services, sanitation services, parks, and recreation.
F.
Regulation of development on 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 management and engineering
practices to permit reasonable use of private property.
G.
Regulation of development on steep slopes will not preclude the Village
from continuing to meet its social, economic and other essential responsibilities,
particularly its responsibility to provide affordable housing.
H.
These regulations are enacted with the intent of providing a reasonable
balance between the rights of the individual property owner to the
fair use of his property and the rights of present and future generations.
Therefore, this chapter recognizes the rights of owners of property
exhibiting steep slopes to use their property for reasonable purposes
consistent with other regulations and controls, provided that such
use, in the judgment of the appropriate agencies or officials of the
Village of Buchanan, does not result in a significant loss or degradation
of steep slopes or loss of the visual and open space benefits which
steep slopes have been found to provide.
I.
It is declared to be the intent of the Village of Buchanan to preserve steep slopes to the greatest extent practicable and to regulate their use within the Village to protect the public interest by ensuring the maximization of benefit 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 as set forth in § 165-4.
[Amended 7-5-2023 by L.L. No. 3-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
Land maintenance involving tree trimming and pruning, the
removal of dead and diseased vegetation, lawn and garden care and
the planting of decorative trees, shrubs and plants.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced
or spread.
Steep slopes as defined herein with grades 30% and greater.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, dumped, transported or moved by person
or persons to a new location.
A roughly circular area defined by a radius of 50 feet from
the highest point of a hill or rise of land.
Steep slopes as defined herein with grades equal to or greater
than 15% but less than 30%
A flat or predominantly flat area of land which is raised
sharply above adjacent land on at least one side.
Areas 50 feet back from prominent hilltops, ridges, plateaus
with a slope of at least 15% and a minimum length of 100 feet as measured
along the center line of the ridge, and other such topographic features
that are visible from a public property, roads open to the public
or other areas open to or accessible to the public, the development
of which may impact scenic views, surface water drainage systems,
open space, wildlife corridors, and existing vegetation as determined
by the Village
Ground areas with a slope 15% or greater with a minimum area
of 1000 square feet which possess one dimension of a minimum of 20
feet. Measurements shall be made along a horizontal plane.
A.
Exempt activities. Any customary landscaping not involving regrading
is allowed without the need for obtaining a permit, provided that
any such activities conform to all other applicable laws and regulations
of the Village of Buchanan.
B.
Regulated activities. It shall be unlawful to create any disturbance,
or to cut any tree with a diameter greater than four inches when measured
from 1 1/2 feet from ground level, on any steep slope, as defined
by this section, other than an exempt activity, as defined herein,
without a specific written permit as required by this section. It
shall additionally be unlawful to create any steep slope, other than
as part of an exempt activity, without such permit. Such prohibitions
apply to all sites, lots or parcels of land, or any portion of any
such site, lot, or parcel, located in the Village, without exception.
The approval authority with respect to applications hereunder
shall be as follows:
A.
The Zoning Board of Appeals shall be the approval authority with
respect to any application which requires the issuance of any other
permit or approval by it pursuant to the local laws and ordinances
of the Village of Buchanan.
B.
The Planning Board shall be the approval authority with respect to
any application which requires the issuance of any other permit or
approval by it pursuant to the local laws and ordinances of the Village
of Buchanan, including any application which also requires the issuance
of any permit or approval by the Zoning Board of Appeals.
C.
The Village Board shall be the approval authority with respect to
any application which requires the issuance of any other permit or
approval by it pursuant to the local laws and ordinances of the Village
of Buchanan, including any application which also requires the issuance
of any permit or approval by the Zoning Board of Appeals or the Planning
Board.
D.
The Building Inspector or his designee shall be the approval authority
with respect to all other regulated activities.
In denying, granting or granting with modifications any application for a permit as required by this section, the approval authority shall consider, and make specific findings addressing, the consistency of the proposed activity with the findings set forth in § 165-2 of this chapter and each of the following standards:
A.
Disturbance or alterations of trees and forests and topographical
disturbances or alterations on steep slopes shall be in conformance
with all provisions of this chapter, as well as with all other applicable
ordinances and regulations of the Village of Buchanan, including,
by way of example only, the requirements of a chapter regarding flood
damage control, a chapter regarding trees, and a chapter regarding
diversion of watercourses.
B.
Activities within wetlands shall be in conformance with Chapter 203, Wetlands, and, whether within or outside of wetlands, will not adversely affect any wetlands, water bodies, or watercourses.
C.
The proposed activity will not result in creep, sudden slope failure,
or additional erosion.
D.
The proposed activity will not adversely affect existing or proposed
wells or sewage disposal systems.
E.
The proposed activity will not adversely affect any endangered or
threatened species of flora or fauna.
F.
The proposed activity is in accordance with the principles and recommendations
of the most recent Master Plan of the Village of Buchanan.
G.
The proposed activity constitutes the minimum disturbance necessary
to allow the property owner a reasonable use of the property.
H.
Disturbance or alteration of areas with steep slopes shall additionally
be in conformance with the following provisions:
(1)
The planning, design and development of buildings and site modifications
shall provide the maximum in structural safety, slope stability and
human enjoyment while adapting the affected site to, and taking advantage
of, the best use of the natural terrain and aesthetic character.
[Amended 7-5-2023 by L.L. No. 3-2023]
(2)
Retaining walls six feet or greater in height shall be considered an accessory structure and shall be subject to the requirements of § 211-19.
[Amended 7-5-2023 by L.L. No. 3-2023]
(3)
The terracing of building sites shall be kept to an absolute minimum.
Terraced retaining walls within a horizontal distance equal to 1/2
the height of the greater wall shall be considered and measured as
a single wall.
[Amended 7-5-2023 by L.L. No. 3-2023]
(4)
Structures are designed to fit into the hillside rather than altering
the hillside to fit the structure, employing methods such as reduced
footprint design, step down structures, stilt houses, and minimization
of grading outside the building footprint.
[Amended 7-5-2023 by L.L. No. 3-2023]
(5)
The natural elevations and vegetative cover of ridgelines shall be
disturbed only if the crest of a ridge and the tree line at the ridge
remain uninterrupted. This may be accomplished either by positioning
buildings and areas of disturbance below a ridgeline or by positioning
buildings and areas of disturbance at a ridgeline so that the elevation
of the roofline of the building is no greater than the elevation of
the natural tree line. However, under no circumstances shall more
than 100 feet along the ridgeline, to a width of 100 feet generally
centered on the ridgeline, be disturbed.
(6)
Any regrading shall blend in with the natural contours and undulations
of the land.
(7)
Cuts and fills shall be rounded off to eliminate sharp angles at
the top, bottom and sides of regraded slopes. Visible construction
cuts and permanent scarring should be minimized.
(8)
The angle of cut and fill slopes shall not exceed a slope of one
vertical to two horizontal except where retaining walls, structural
stabilization or other methods acceptable to the Building Inspector
or Village Engineer are used.
(9)
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 or fill slopes. Generally, such distance
shall be considered to be six feet plus 1/2 the height of the cut
or fill. 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.
(10)
Disturbance of rock outcrops shall be by means of explosive
only if labor and machines are not effective and only if rock blasting
is conducted in accordance with all applicable laws and regulations
of the Village of Buchanan, County of Westchester, and the State of
New York.
(11)
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 or fill slopes. Generally,
such distance shall be considered to be six feet plus 1/2 the height
of the cut or fill. Nevertheless, a structure built on a slope or
at the toe of a slope is permitted if it is properly designed by a
NYS licensed professional engineer to retain the slope and withstand
the forces exerted on it by the retained slope.
[Amended 7-5-2023 by L.L. No. 3-2023]
(12)
Disturbance of existing vegetative ground cover shall not take
place more than 15 days prior to grading and construction.
(13)
Temporary soil stabilization, including, if appropriate, temporary
stabilization measures such as netting or mulching to secure soil
during the grow-in period, must be applied to an area of disturbance
within two days of establishing the final grade, and permanent stabilization
must be applied within 15 days of establishing the final grade.
(14)
Soil stabilization must be applied within two days of disturbance
if the final grade is not expected to be established within 60 days.
(15)
Measures for the control of erosion and sedimentation shall
be undertaken consistent with the Westchester County Soil and Water
Conservation District's Best Management Practices Manual for Erosion
and Sediment Control and New York State Guidelines for Urban Erosion
and Sediment Control, as amended, or their equivalents satisfactory
to the approval authority.
(16)
Soil stabilization must be applied within two days of disturbance
if the final grade is not expected to be established within 60 days
or prior to close of the construction season, whichever occurs first.
[Amended 7-5-2023 by L.L. No. 3-2023]
(17)
Topsoil shall be stripped from all areas of disturbance, stockpiled
and stabilized in a manner to minimize erosion and sedimentation and
replaced elsewhere on the site at the time of final grading. Stockpiling
shall not be permitted on slopes of greater than 10%.
(18)
No organic material or rock with a size that will not allow
appropriate compaction or cover by topsoil shall be used as fill material.
Fill material shall be no less granular than the soil upon which it
is placed and shall drain readily.
(19)
Compaction of fill materials in fill areas shall be such to
ensure support of proposed structures and stabilization for intended
uses.
I.
Burden of proof.
[Amended 7-5-2023 by L.L. No. 3-2023]
(1)
The presumption in all cases shall be that no disturbance or alteration of any steep slope shall be approved by the approval authority. The applicant shall in all cases have the burden of proof of demonstrating, by clear and convincing evidence, that the proposed activity is fully consistent with each of the findings set forth in § 165-2 and that each of the standards for approval set forth in Subsections A through G above have been fully and completely met.
(2)
With respect to applications involving proposed disturbance or alteration
of any excessively steep slope with a grade of 30% or greater, the
applicant shall have the additional burden of demonstrating full compliance
with all sections of this chapter and that standard engineering practices
are followed to avoid slope failure, erosion, or adverse impacts to
neighboring properties or natural resources. It must be further demonstrated
that the proposed disturbance of excessively steep slopes is limited
in extent reasonable and necessary for construction, safe, and consistent
with the other provisions of the Village Code.
(3)
Not
more than 30% of a site's excessively steep slopes should be disturbed.
For proposed disturbances in excess of 30% of a site's excessively
steep slopes, the applicant shall submit a before-and-after visual
impact analysis and a report prepared by a NYS licensed geotechnical
engineer indicating the impacts of the disturbance to the steep slopes
and provide a slope stability analysis.
A.
Application for permit. An application for a permit to disturb or
alter a steep slope shall be filed with the approval authority and
shall contain the following information and such other information
as required by it, except when waived by it as not pertinent or necessary
for the proposed disturbance:
(1)
The name and post office address of the owner and applicant.
(2)
The street address and Tax Map designation of property covered by
the application.
(3)
A statement of authority from the owner for any agent making application.
(4)
A listing of property owners adjacent to, across streets or rights-of-way
from and downstream within 500 feet of the property and any additional
property owners deemed appropriate by the approval authority.
(5)
A statement of the proposed work and purpose thereof.
(6)
Copies, in such reasonable number as determined by the approval authority,
of plans for the proposed regulated activities, drawn to a scale of
not less than one inch equals 50 feet (unless otherwise specified
by the approval authority). Such plans shall be sealed and show the
following:
[Amended 7-5-2023 by L.L. No. 3-2023]
(a)
The location of the 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
of the proposed construction or area of disturbance for adjacent properties
at the same elevation and within 500 feet for properties significantly
lower.
(b)
The areas of moderately and excessively steep slopes along with
a table listing the area of moderately and excessively steep slopes
and the proposed area of disturbance to each slope category.
(c)
Soil boundaries as mapped by the United States Department of
Agriculture or professional soils scientist along with a table indicating
depth to bedrock, depth to water table, soil slope phase, and soil
erodibility K-factor for each soil type.
(d)
The estimated material quantities of excavation/fill.
(e)
The location and size of areas of soils by soil types in the
area of proposed disturbance and to a distance of 100 feet.
(f)
The existing and proposed contours [National Geodetic Vertical
Datum of 1929 (NGVD 1929), North American Vertical Datum of 1988 (NAVD
88) or equivalent national datum acceptable to the Village Engineer]
at two-foot intervals in the area of proposed disturbance and to a
distance of 100 feet beyond.
(g)
Cross sections of steep slope areas.
(h)
Retaining walls or like constructions, with details of construction.
(i)
The erosion and sedimentation control plan.
(j)
Other details, including specific reports by qualified professionals
on soils, geology and hydrology, and borings and/or test pits, as
may be determined to be necessary by the approval authority.
(k)
A list of all applicable county, state or federal permits which
are required for such work or improvements.
(l)
An application fee in the amount set forth in a fee schedule
established by the Village Board.
B.
Referral. The approval authority shall refer any application submitted
to it pursuant to this chapter to the Village Engineer for review
and report. The Village Engineer shall report back to the approval
authority within 30 days of the date of referral or within such greater
period as may be specified by the approval authority (at the time
of referral). Failure to comply with the specified time period shall
be interpreted by the approval authority as indicating no objection
to the application.
C.
Notice. Upon receipt of a completed application under this chapter,
the approval authority shall cause notice of receipt of the same to
be sent to adjoining property owners and those across the street or
right-of-way adjoining the involved property (at applicant's expense).
Such property owners shall have 20 days from said day of notice to
submit written comment to the approval authority with regard to said
application. The approval authority may waive this notice procedure
if it has received responses from the adjoining property owners prior
to action by it. In cases where the approval authority is the Building
Inspector or his designee, the approval authority shall additionally
cause such notice to be posted at one or more locations along the
street or streets abutting the property.
D.
Public hearing. A public hearing shall be held by the approval authority
on the application made hereunder at such times, under such circumstances
and upon such notice as may be required for the granting of the other
permit or approval required of such approval authority pursuant to
the local laws and ordinances of the Village of Buchanan.
E.
Action by the approval authority. In approving any application, the
approval authority shall impose such conditions or limitations as
it determines necessary to ensure compliance with the intent, purposes
and standards of this chapter.
(1)
On applications for which no public hearing is required, a determination
shall be made to approve, approve with modifications or disapprove
the application within 60 days of receipt of a completed application
therefor.
(2)
On applications for which a public hearing is required, a determination
shall be made to approve, approve with modifications or disapprove
the issuance of such permit simultaneously with the determination
by the approval authority of the other permit or approval for which
application was made.
F.
Appeal. Any party aggrieved by a decision of the Village Engineer
or Building Inspector to approve, approve with conditions or disapprove
an application may appeal the decision to the Zoning Board of Appeals.
A.
Activities specified by the permit shall be undertaken pursuant to
any conditions of the permit and shall be completed according to any
schedule set forth in the permit.
B.
A permit shall expire on completion of the activities specified and
shall be valid for a period of two years from the date of approval
or for the period of any other permit issued by the approval authority.
C.
A permit may be renewed by the approval authority for a period of
up to two years.
D.
The approval authority may revoke or suspend a permit if it finds
that the applicant has not complied with any of the conditions or
limitations set forth in the permit.
[Amended 7-5-2023 by L.L. No. 3-2023]
In granting a permit, the approval authority shall require security,
in an amount and with surety and conditions satisfactory to it, securing
to the Village of Buchanan compliance with the conditions and limitations
set forth in the permit. The amount of the security shall be as recommended
by the Village Engineer based on the estimated cost of construction
to stabilize the area of steep slope disturbance at prevailing wage
rates and municipal administrative costs.
[Amended 7-5-2023 by L.L. No. 3-2023]
A.
The Building Inspector or his designee shall inspect on behalf of the approval authority activities undertaken pursuant to a permit so as to ensure satisfactory completion. If, upon inspection, it is found that any of the activities have not been undertaken in accordance with the permit, the applicant shall be responsible for completing those activities according to the permit (in addition to being subject to the sanctions set forth in § 165-11). Failure of the Village to carry out such inspections shall not in any way relieve the applicant or its surety of its responsibilities.
B.
The Building Inspector or his designee may require that the applicant
submit for review and approval by the Village Engineer of the Village
of Buchanan a detailed monitoring program, including but not necessarily
limited to written status reports at specified intervals documenting
activities undertaken pursuant to a permit. Where such a monitoring
program has been required, the applicant shall notify the approval
authority and the Building Inspector upon reaching stages of the activity
as may be required in the permit. No activity requiring inspection
shall be approved absent such notification.
C.
The approval authority may require that the activities undertaken
pursuant to a permit be supervised by an appropriate licensed professional.
D.
At the
completion of the project, an as-built plan and construction certification
letter prepared by a NYS licensed professional engineer shall be prepared
and submitted to the Village Engineer for review and acceptance. For
the site to be accepted and any security being held by the Village
to be released, the site must be constructed in general conformance
with the approved plan and fully stabilized as determined by the Village
Engineer.
A.
Any person who violates, disobeys or disregards any provision of
this chapter shall be liable to the people of the Village of Buchanan
for a civil penalty not to exceed $3,000 for every such violation.
Each week's continuation of a condition violating this chapter shall
be deemed a separate violation.
B.
In addition to the above civil fine, any person who violates any
provision of this chapter shall be guilty of a violation pursuant
to the Penal Law, punishable by a fine of not less than $500 nor more
than $1,000. For a second and each subsequent offense, the violator
shall be guilty of a misdemeanor, punishable by a fine of not less
than $1,000 nor more than $2,000 or a term of imprisonment up to 15
days, or both. Each offense shall be a separate and distinct offense,
and, in the case of a continuing offense, each day's continuance thereof
shall be deemed a separate and distinct offense.
C.
In addition to the above civil and criminal penalties, the Village
of Buchanan and Village Engineer, with the advice and consent of the
Village Attorney, shall have the right to seek equitable relief to
restrain and/or remedy any violation of any provisions of this chapter.
D.
The Village Engineer shall have the power to direct a violator to
cease violation of this chapter and, with the consultation of the
approval authority, satisfactorily restore the affected area within
a specified period of time. The exercise of such power may be with
or without the imposition of a fine.
[Amended 7-5-2023 by L.L. No. 3-2023]
