A. 
Allowable activities. The following activities within a steep slope area shall be allowed without a steep slope work permit:
(1) 
Normal ground maintenance which does not require disturbance of existing terrain, including mowing, trimming of vegetation and removal of dead or diseased vegetation, provided that such activity does not involve regrading, and further provided that such activity conforms with all other applicable laws and regulations.
(2) 
Routine and minimally invasive landscaping activities, including adding new plants or removing existing plants.
(3) 
The disturbance to steep slopes under temporary emergency conditions, as determined by the City Engineer, where such disturbance is necessary to protect persons or property from present and imminent danger.
(4) 
Repair or replacement in-kind of existing walkways, walls, decks, stairways and docks.
(5) 
Any new structure or addition to an existing structure involving not more than 100 square feet.
(6) 
Public health activities and emergency uses pursuant to orders of the Westchester County Department of Health and/or the New York State Department of Health.
(7) 
Alteration of the interior of a building.
(8) 
The demolition of a part or all of the exterior of an existing building.
B. 
Regulated activities. It shall be unlawful to create a new steep slope area or to create any disturbance, other than an allowable activity as defined above, on any existing or proposed steep slope in the absence of a steep slope work permit.
A. 
Considerations. During its review of the application, the Planning Commission shall evaluate, as necessary and appropriate, the extent to which the application accomplishes the following:
(1) 
The alignment of roads and driveways shall follow the natural topography to the maximum extent practicable, shall minimize regrading and shall comply with design standards for maximum grades set forth in the City Code.
(2) 
All regrading shall blend in with the natural contours of the land.
(3) 
Cuts and fills shall be shaped to eliminate sharp angles at the top, bottom and sides of regraded slopes.
(4) 
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 not steeper than two horizontal to one vertical.
(5) 
Natural slopes of two horizontal to one vertical, or steeper, shall not be altered by fill slopes. The toe of a fill slope shall not be located within 12 feet horizontally of the top of an existing or proposed cut slope.
(6) 
Tops and bottoms of cut and fill slopes shall be set back from existing and proposed property lines a distance at least equal to the lesser of three feet plus 1/5 of the height of the cut or fill, or 10 feet.
(7) 
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 will be considered to be six feet plus 1/5 the height of the cut or fill, but need not exceed 10 feet. Nevertheless, the Planning Commission may allow a structure to be built on a slope or at the toe of a slope if it is designed to retain the slope and to withstand the forces exerted on it by the retained slope, subject to Subsection B below.
B. 
Decision.
(1) 
In granting, denying or conditioning any steep slope permit under this chapter, the Planning Commission shall consider all relevant facts and circumstances and determine that each of the following is true:
(a) 
That the proposed activity and the manner in which it is to be accomplished are in accordance with the findings and policy set forth in § 166A-1 of this chapter.
(b) 
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 the potential for erosion to the maximum extent practicable.
(c) 
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.
(d) 
That the proposed regulated activity is compatible with the public health and welfare.
(2) 
The foregoing subsection notwithstanding, the Planning Commission shall not allow activity that:
(a) 
Can be relocated or modified so as to eliminate or reduce the disturbance of the steep slope area to the maximum extent deemed reasonable and appropriate by the Planning Commission.
(b) 
Would disturb a slope in excess of 35%, provided that the Planning Commission may allow the activity only in rare and exigent circumstances, and then only in accord with all other provisions of this Subsection B (Decision).
C. 
Burden of proof. The applicant shall have the burden of proof to demonstrate compliance with this chapter by clear and convincing evidence, that is, highly and substantially more likely to be true than untrue.