[HISTORY: Adopted by the Town Board of the
Town of Bedford 11-21-1989; amended in its entirety 6-16-2009 by L.L. No. 4-2009.
Subsequent amendments noted where applicable.]
For the purpose of protecting the general health, safety and
welfare by maintaining and protecting the natural terrain and vegetation
features; providing safe building sites by preventing surface erosion,
creep and sudden slope failure; protecting important scenic views
and vistas; preserving waterways, open bodies of water and wetlands;
preventing flooding; and preserving areas of wildlife habitat, it
is the intent of this chapter to regulate disturbance on steep slopes,
prominent higher elevations, plateaus and hilltops that is visible
from a public property, roads open to the public or other area open
to or accessible to the public. Toward this end, wherever possible,
new construction shall avoid disturbing such areas and the existing
vegetation thereon. Consequently, modifications to a site shall use
sensitive and sustainable methodologies and solutions that preserve
the existing environment, to the maximum extent practicable, and harmoniously
integrate both the natural and built environments.
As used in this chapter, the following terms shall have the
meanings indicated:
The area delineated on a site or subdivision plan within
which all disturbance, clearing or building activity is to occur.
Land preparation, such as clearing, grading and filling,
or the building of structures, including driveways.
The areas 100 feet back from prominent hilltops, ridgelines,
plateaus with a slope of at least 25%, 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 identified
on the Ridgeline Preservation Map as adopted by the Town Board and
amended from time to time.[1]
Ground areas with a minimum slope of 25% or greater, with
a minimum area of 100 square feet and a minimum horizontal distance
of 10 feet.
[1]
Editor's Note: Said map is on file in the Town offices.
A.
Regulated activities. It shall be unlawful to create any disturbance,
other than an exempt activity as set forth in this chapter:
(1)
On any steep slope located within any lot or lots in the Town of
Bedford, unless and until a steep slope permit is granted by the Planning
Board pursuant to the requirements of this chapter; and
(2)
In any ridgeline preservation area located within any lot in the
Town of Bedford, unless and until a ridgeline permit is granted by
the Planning Board pursuant to the requirements of this chapter.
B.
Exempt activities for a steep slope permit. The following activities
on steep slopes do not require the issuance of a steep slope permit:
(1)
Any planting of landscape materials which does not require significant
disturbance of existing terrain as determined by the Director of Planning.
(2)
Emergency situations, as determined by the Town Engineer, where the
disturbance of steep slopes is required to protect persons, animals
or property from imminent danger.
C.
Exempt activities for a ridgeline permit. The following activities
do not require the issuance of a ridgeline permit:
(1)
Any planting of landscape materials which does not require significant
disturbance of existing terrain.
(2)
Emergency situations, as determined by the Town Engineer, where the
disturbance of a ridgeline is required to protect persons, animals
or property from imminent danger.
(3)
An addition or alteration to residential structures existing on the
effective date of this section of this chapter unless:
(a)
Such alteration or addition is a complete removal of existing
aboveground structures;
(b)
Such an alteration or addition would occupy a footprint (inclusive
of overhangs and cantilevering) greater than 50% of the footprint
of the existing structure; or
(c)
The new addition would exceed in height the highest point of
the existing structure.
A.
The Planning Board is hereby designated to administer and implement
this chapter by granting or denying steep slope permits in accordance
with its provisions.
B.
An application for a steep slope permit shall be made on forms furnished
by the Planning Board and shall include the following information:
(1)
Ten copies of a site plan, drawn at a scale of not less than one
inch equals 30 feet, prepared by an engineer licensed by the State
of New York, showing within the lot or lots containing steep slopes,
the following:
(a)
The proposed location of all structures, septic systems, wells
and driveways.
(b)
The location of the proposed area of disturbance and its relation to neighboring properties, together with buildings, roads, affected trees as defined in Chapter 112 of the Town Code, and affected wetlands as defined in Chapter 122 of the Town Code, if any, within 100 feet of the boundaries of said area. An inset map at a reduced scale may be used if requested by the Town Engineer.
(c)
Existing topography of the proposed area of disturbance at a
contour interval of not more than two feet. Contours shall be shown
for a distance of 50 feet or greater beyond the limits of the proposed
area of disturbance, if determined necessary by the Town Engineer,
in order to fully evaluate the application.
(d)
Proposed final contours and proposed surface materials or treatment
at a maximum contour interval of two feet.
(e)
Existing topography of the area proposed to be disturbed and
the entire watershed tributary to said area presented at a scale of
not more than 100 feet per inch. This map shall show existing and,
if required by the Town Engineer, proposed controls and diversions
of upland water.
(f)
Existing soils on the property, taken from field investigations
by a soils scientist and classified into hydrologic soil groups. The
depth to bedrock and the depth to the water table, the K-factor and
soil and rock strata in all areas of disturbance shall be identified.
(g)
The details of any surface or subsurface drainage system proposed
to be installed, including special erosion control measures, designed
to provide for proper surface or subsurface drainage, both during
the performance of the work and after its completion.
(h)
The cut/fill map delineating proposed areas of disturbance at
affected depths, in feet, of zero to three, three to six, six to 10,
and 10 and over.
(i)
A slope map showing existing and proposed slopes for each of the soil types described in Subsection B(1)(f) above.
(j)
Any special reports deemed necessary by the Town Engineer to
evaluate the application, including but not limited to geologic or
hydrogeologic studies.
(2)
A written narrative explaining the nature of the proposal, including
any future development proposals for the property and whether alternative
locations exist for the proposed activity.
C.
Town Engineer review. The Planning Board shall refer each application
for a steep slope permit to the Town Engineer, who shall submit a
written report to the Planning Board. This report shall contain the
following items:
(1)
A recommendation on whether the submission is complete and contains
sufficient information for the Planning Board to perform a proper
review of the submission.
(2)
A recommendation of approval, disapproval, or approval with conditions,
of the application.
(3)
A recommendation as to the amount of the performance bond to be posted
to guarantee completion of the work, including stabilization or restoration
of the site.
D.
During its review of the steep slope application, the Planning Board
shall:
(1)
Determine when an application is complete.
(2)
Review
the application to determine that the requirements of this chapter
have been satisfied.
(3)
Review each complete application and approve, approve with conditions or deny the application, in accordance with this chapter, within 60 days of the receipt of a complete application as determined in Subsection D(1) above.
(4)
Require posting of a performance bond or other security as a condition
of approval, the amount of such bond or other security to be approved
by the Town Board.
E.
Public hearing. The Planning Board may, at its discretion, hold a public hearing on an application for a steep slope permit. If a public hearing is held, the notice and hearing requirements shall follow the requirements of § 125-58B of the Code of the Town of Bedford.
F.
In granting a steep slope permit, the Planning Board shall find that
all of the following conditions have been met:
(1)
The proposed activity is in accordance with the legislative findings listed in § 102-1 of this chapter.
(2)
The proposed activity is in accordance with the principles and recommendations
of the Town Plan adopted by the Planning Board.
(3)
The proposed activity will not result in creep, sudden slope failure
or additional erosion.
(4)
The proposed activity will preserve and protect existing waterways,
floodplains and wetlands.
(5)
The proposed activity will not adversely affect existing or proposed
wells or sewage disposal systems.
(6)
The proposed activity will not adversely affect any endangered species
of flora or fauna.
G.
After a steep slope permit is approved:
(1)
Unless otherwise indicated, the approved permit shall be valid for
a period of two years from the date of issuance to complete the project.
The Planning Board may grant a six-month extension to this period.
(2)
Following completion of the work, the applicant shall submit a certification
by an engineer, licensed by the State of New York, that the completed
work meets the requirements of the permit. The Town Engineer shall
verify that the work has been completed in accordance with the permit.
An as-built survey may be required to ascertain that the work was
completed in accordance with the approved application.
(3)
Where the activity subject to this chapter also requires a Town of
Bedford building permit, the Town of Bedford Building Inspector shall
not issue a certificate of compliance or occupancy until the Town
Engineer verifies that all work has been completed in accordance with
the permit.
(4)
Any proposed revision to work covered by a steep slope permit shall
be reviewed by the town engineering consultant. Where the town engineering
consultant determines that a substantial revision is required, a new
application to the Planning Board is required.
A.
The Planning Board is hereby designated to administer and implement
this chapter by approving, approving with conditions, or denying ridgeline
permits in accordance with its provisions.
B.
The applicant shall have a preliminary meeting with the Director of Planning to discuss the application. The Director of Planning may require that the submission documents, identified in Subsection D of this § 102-5, be prepared by an engineer, architect or landscape architect licensed by the State of New York.
C.
The Director of Planning may issue a ridgeline permit if the Director
of Planning determines that the proposed activity is not visible from
any public property, roads open to the public or other area open to
or accessible to the public.
D.
If the Director of Planning does not issue a ridgeline permit, an
application for a ridgeline permit shall be made on forms furnished
by the Planning Board. Submission documents shall include 10 copies
of each of the following:
(1)
A site plan, drawn at a scale of not less than one inch equals 30
feet, showing within the lot or lots containing a ridgeline preservation
area the following:
(a)
The proposed location of all structures, septic systems, wells
and driveways.
(b)
The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads, affected trees as defined in Chapter 112 of the Town Code, and affected wetlands as defined in Chapter 122 of the Town Code, if any, within 100 feet of the boundaries of said area. An inset map at a reduced scale may be used if requested by the Town Engineer.
(c)
Existing topography of the proposed area of disturbance at a
contour interval of not more than two feet. Contours shall be shown
for a distance of 50 feet or greater beyond the limits of the proposed
area of disturbance.
(d)
Proposed final contours and proposed surface materials or treatment
at a maximum contour interval of two feet.
(e)
The delineation of any intrusions and disturbance to any environmentally
sensitive areas of the site as mapped or otherwise identified by the
Town, including, but not limited to, wetlands, wildlife corridors,
steep slopes and critical environmental areas.
(2)
Designs of all structures that include floor plans; elevations of
all exterior sides with all finish materials identified and labeled;
at least one cross section of all structures that present the height
of the structures and relationship to proposed and existing grades;
the location of all surface-mounted and freestanding lighting, including
the fixture type and lamps. While a lighting photometric plan is not
initially required, the Planning Board may require one based upon
its review of the application.
(3)
A planting plan that presents any proposed landscape buffers or other
plantings that may enhance the application.
(4)
A materials board that presents the exterior finishes on a structure
and that includes all colors.
(5)
Photos of the proposed site taken from each section of public property,
roads open to the public, or other area open to or accessible to the
public from which the proposed site is visible. (Four-inch-by-six-inch
photos are acceptable). Winter views are preferred. Each photo is
to be numbered and clearly show the area proposed to be developed
within the ridgeline preservation area. The applicant shall provide
a map showing where each numbered photo was taken and an arrow showing
the direction the camera was facing.
(6)
Any special reports deemed necessary by the Planning Board to evaluate
the application.
(7)
In addition, the application shall include other information as the Planning Board may require to address the criteria described in § 102-5E.
(8)
Waiver of plan requirements. The Planning Board may waive specific
submission requirements, provided that any such waiver will not have
the effect of nullifying the intent and purpose of these regulations.
In granting any waiver, the Planning Board shall attach such conditions
as are, in its discretion, necessary to secure substantially the objectives
of the submissions so waived.
E.
Criteria. In granting, denying or conditioning any ridgeline permit,
the Planning Board shall consider:
(1)
All relevant information, including but not limited to the following:
(a)
The proposed height and footprint of any structures, improvements
or other feature of the project and the degree to which they may adversely
impact scenic vistas and viewsheds or otherwise degrade the scenic
character of the property.
(b)
Any proposed exterior lighting.
(c)
The potential adverse environmental impacts, including but not
limited to soil erosion, siltation and flooding.
(d)
Proposed filling, excavation or grading.
(e)
Proposed buffer areas for screening new development and maintaining
the scenic character of the property.
(f)
Areas of significant habitat or habitat corridors based upon
a biodiversity map adopted by the Town Board, when such map becomes
available.
(g)
Location of proposed structures (including any clustering) and
other structures.
(h)
The potential impact on fauna and flora.
(i)
The potential impact on the treeline.
(j)
The proposed clearing or thinning of trees and other vegetation.
(k)
Colors and materials used and the extent to which they blend
into the surrounding environment.
(l)
Signs.
(m)
Modifications to the proposed action and the availability of
alternative locations.
(n)
The extent to which utility lines may be buried to minimize
adverse impact.
(o)
Proposed mitigation plans.
(p)
The possibility of minimizing adverse impacts, including, without
limitation, improvements or safeguards which could feasibly be added
to the plan or action.
(2)
The Planning Board also shall consider the following:
(a)
All evidence offered at or before any public hearing.
(b)
All reports from other federal, state or town agencies, boards
or commissions.
(c)
Additional requested information from the applicant.
(d)
Any reports received from the Town Engineer, the Director of
Planning or the Town's professional consultants.
F.
Conditions in granting a ridgeline permit. In granting a ridgeline
permit, the Planning Board may establish conditions to minimize impacts,
including revisions to the plan. To the extent that impacts are unavoidable,
the Planning Board may require a mitigation plan. Such conditions
may include, without limitation, any of the following:
(1)
View and vista preservation. The Planning Board may require that,
to the maximum extent practicable, any structure, improvement or other
feature of the project not be visible from any public property, roads
open to the public or any other area within the Town of Bedford used
or accessible by the public.
(3)
Development envelope or envelopes outside of which further development
would be prohibited.
(4)
Visual buffers.
(5)
Color and material selection. The Board may require that, to the
maximum extent practicable, colors and materials used for the improvements
and structures be such that the structures blend into the surrounding
environment.
(6)
Resiting proposed structures, improvements or other aspects of the
projects.
(7)
A declaration of covenants to run with the land and to be recorded
in the land records of Westchester County setting forth the conditions
for granting approval.
(8)
Signage. The Board may prohibit the placement of signs visible above
or within the tree canopy.
G.
Public hearing. The Planning Board may, at its discretion, hold a public hearing on an application for a ridgeline permit. If a public hearing is held, the notice and hearing requirements shall follow the requirements of § 125-58B of the Code of the Town of Bedford.
H.
In granting a ridgeline permit, the Planning Board shall find that
all of the following conditions have been met:
(1)
The proposed activity is in accordance with the legislative findings listed in § 102-1 of this chapter.
(2)
The proposed activity is in accordance with the principles and recommendations
of the adopted Town Plan.
(3)
The proposed activity will not adversely affect any endangered species
of flora or fauna.
I.
After a ridgeline permit is approved:
(1)
Unless otherwise specified by the Planning Board, the approved ridgeline
permit shall be valid for a period of two years from the date of issuance
to complete the project. The Planning Board may grant a one-year extension
to this period.
(2)
An as-built survey may be required to ascertain that the work was
completed in accordance with the approved application.
(3)
Where the activity subject to this chapter also requires a Town of
Bedford building permit, the Town of Bedford Building Inspector shall
not issue a certificate of compliance or occupancy until the Director
of Planning verifies that all work has been completed in accordance
with the permit.
(4)
Any proposed revision to work covered by a ridgeline permit shall
be reviewed by the Director of Planning. Where the Director of Planning
determines that a substantial revision is required, a new application
to the Planning Board is required.
A.
Any person found violating any provision of this chapter, or conditions
imposed by Planning Board approval, shall be served with a written
notice by the Building Inspector stating the nature of the violation
and ordering him to cease and desist therefrom.
B.
Any person, upon conviction for an offense against this chapter,
shall be guilty of a violation under the Penal Law and shall be punishable
by a fine of not more than $500 or by imprisonment for not more than
15 days, or both. Further, upon conviction, any person found violating
the provisions of this chapter shall be liable to the Town of Bedford
for any expense, loss or damage incurred by the Town of Bedford by
the reason of such violation.
C.
Whenever any person shall have been notified, in writing, by the
enforcement officer that he is violating the provisions of this chapter
or of any permission or extension thereof issued hereunder or has
been served with a summons accusing him thereof, each day he shall
continue such violation after such notification or service shall constitute
a separate offense punishable by a like fine or penalty as herein
set forth.
D.
Notwithstanding the penalties hereinabove provided, the Town of Bedford
may maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of any provision of this chapter or permit issued thereunder, including
restoration of the disturbed area to its original condition.
E.
The foregoing provisions for the enforcement of the regulation in
this chapter are not exclusive but are in addition to any and all
laws and regulations applicable thereto.
Any construction or operations existing within areas defined
as steep slopes, or within a Ridgeline Protection Area, prior to the
effective date of this chapter shall be exempt from this chapter,
provided that no new construction or operation will be permitted after
the effective date of this chapter except by permit as provided.
A.
Subdivision plans. Where the Planning Board has approved, with or
without conditions, a final construction plan and final subdivision
plat for a proposed subdivision, this approval may be deemed a duly
issued steep slope permit and ridgeline permit, at the discretion
of the Planning Board, provided that the following conditions have
been satisfied:
(1)
All of the information, review, bonding, approval and other requirements
of this chapter have been met.
(2)
The Planning Board may attach special conditions to the approval
of the final construction plan and the final subdivision plat to ensure
that the construction within steep slopes or a Ridgeline Protection
Area occurs as approved.
B.
Site plans. Where the Planning Board has approved, with or without
conditions, a final site plan for a proposed development, this approval
may be deemed to be a duly issued steep slope permit and ridgeline
permit, at the discretion of the Planning Board, provided that the
following conditions have been satisfied:
(1)
All of the information, review, bonding, approval and other requirements
of this chapter have been met.
(2)
The Planning Board may attach special conditions to the approval
of the final site plan to ensure that the construction within steep
slopes or a Ridgeline Protection Area occurs as approved.
The fee for a steep slope permit and the fee for a ridgeline
permit shall be as established from time to time by the Town Board.
Should any paragraph, section or portion thereof of this chapter
be declared by a court of competent jurisdiction to be invalid or
unlawful, the same shall not affect the remainder of this chapter
as a whole or any part thereof other than the part so declared to
be invalid.
This chapter shall take effect immediately.
