A.
Title. This chapter shall be known as the "Steep Slope Protection Law of the City of Rye." It is a chapter regulating the disturbance of steep slopes in the City of Rye.
B.
Findings and policy. The City Council of the City of Rye finds and declares it to be the public policy of the City to regulate, preserve, protect and conserve its steep slopes so as to maintain and protect the natural terrain and its vegetative features, preserve wetlands, water bodies and watercourses, prevent flooding, protect views, vistas, and open areas that contribute to a sense of space in our suburban environment, preserve areas of wildlife habitat, provide safe building sites, protect the subject property and the adjoining properties by preventing erosion, creep and sudden slope failure. In this connection the City Council finds as follows:
(1)
Protection of steep slopes is a matter of concern to the entire City. Once a steep slope is disturbed, that disturbance may well be irreversible. The establishment of regulatory and conservation practices to prevent disturbance of steep slopes is needed to protect the public health, safety and general welfare.
(2)
The disturbance of steep slopes can aggravate erosion and sedimentation beyond rates experienced in natural geomorphologic processes. Erosion and sedimentation often include the loss of topsoil, the disturbance of habitats, degradation of the quality of surface water and wetlands, alteration of drainage patterns, the gullying of land, the obstruction of drainage structures, the intensification of flooding both on and off the subject site, the failure of slopes and the mass movement of earth and danger to the natural environment, man-made structures and the safety of persons.
(3)
Steep slopes, including vegetation and rock outcroppings located thereon, are important environmental features that contribute significantly to the visual impression one forms while traveling through the City. Overdevelopment of or improperly managed disturbance to these steep slopes is detrimental to the visual character of the City.
(4)
Regulation can allow the reasonable use of private property by encouraging flexibility in development design to avoid disturbance of steep slopes. Regulation can also permit environmentally sound disturbance of steep slopes conducted in accordance with acceptable site design practices.
(5)
To minimize the potential adverse impacts of development on steep slopes, the City should seek the preservation of such areas by the use of flexibility in site design, (including the application of § 37, Subdivision review; approval of cluster development, of the General City Law), the establishment of conservation easements and other land preservation techniques.
(6)
These regulations are enacted with the intent of providing a reasonable balance between the rights of the individual property owners and the public interest in preserving the valuable functions of steep slopes.