A.
Title. This chapter shall be known as the "Steep Slopes
Protection Law of the Town of Ossining." It is a chapter regulating
the disturbance of steep slopes in the Town of Ossining.
B.
Findings and policy. The Town Board of the Town of
Ossining finds and declares it to be the public policy of the town
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 important scenic views and vistas, preserve areas of wildlife
habitat, provide safe building sites and protect the subject property
and the adjoining property by preventing erosion, creep and sudden
slope failure. In this connection, the Town Board finds as follows:
(1)
Protection of steep slopes is a matter of concern
to the entire town. Once a steep slope is disturbed, that disturbance
is, for all practical purposes, 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. Experience has demonstrated a need for effective protection
of steep slopes, including careful review and regulation and the implementation
of stringent mitigation measures where, in the opinion of the approval
authority, no practicable alternative to such disturbance exists.
However, in all cases where the approval authority determines that
total avoidance of steep slopes is not practicable, such disturbance
should constitute the minimum disturbance necessary to ensure the
property owner a reasonable use of the property.
(2)
The 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 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 town. Overdevelopment of or improperly managed disturbance to
these steep slopes is detrimental to the visual character of the town.
(4)
Regulation can allow the reasonable use of private
property by encouraging flexible development design 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.
(5)
To minimize the potential adverse impacts of development
on steep slopes, the approval authority should seek the preservation
of such areas by the use of flexible site design, including the application
of § 278 of the New York State Town 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.
As used in this chapter, the following terms
shall have the meaning indicated:
The maximum angles at which the exposed face of various soil
and rock materials can deviate from the horizontal without incurring
the likelihood of a slope failure.
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the Town of Ossining and its governmental agencies, who requests the
approval authority to issue a permit, or to whom a permit has been
granted under the provisions of this chapter. This chapter shall only
serve as a guide to the Town of Ossining, and its governmental agencies.
The town agency(s) or public official(s) empowered to administer
the permit procedures of this chapter.
The Building Inspector of the Town of Ossining.
The removal of vegetation, except as specifically permitted in § 167-5A(1) herein, or the filling, excavation, regrading or removal of soil, rock or retaining structures in areas of steep slope, whether by manual labor, machine or explosive. The condition of disturbance will be deemed to continue until the area of disturbance is revegetated and/or permanently stabilized.
Any steep slope area for which a disturbance is proposed
or is ongoing.
The Environmental Advisory Committee of the Town of Ossining.
Adjusting the degree of inclination of the natural contours
of the land, including leveling, smoothing and other modification
of the natural land surface.
All liquid, solid or gaseous substances.
Any person, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including
public agencies and municipal corporations.
The Planning Board of the Town of Ossining.
Any proposed or ongoing action that may result in direct
or indirect physical impact on a steep slope, including, but not limited
to, any regulated activity.
The law, pursuant to Article 8 of the New York Environmental
Conservation Law, providing for the environmental review of actions.
Any geographical area, whether on a single lot or not, having
a topographical gradient of 15% or greater (ratio of vertical distance
to horizontal distance), with a minimum horizontal dimension of 10
feet, and a minimum area as defined below, whether man-made or natural,
and whether created by a retaining structure or not.
Steep slopes are further categorized as:
MODERATELY STEEP SLOPE- A slope equal to or greater than 15% but less than 25% and covering a minimum horizontal area of 3/10 of an acre (13,068 square feet).
VERY STEEP SLOPE- A slope equal to or greater than 25% but less than 35% and covering a minimum horizontal area of 2/10 of an acre (8,712 square feet).
EXTREMELY STEEP SLOPE- A slope equal to or greater than 35% and covering a minimum horizontal area of 1/10 of an acre (4,356 square feet).
The most steeply sloped area that meets the
minimum area threshold, as specified above, shall determine approval
authority jurisdiction and review procedures.
If the areas within each of the three categories
of steep slope are individually less than the minimum areas defined
above, then to determine if the disturbance of such steep slopes shall
nevertheless be subject to the provisions of this chapter, the following
steps shall be taken:
A steep slope area shall be regulated pursuant
to the provisions of this chapter if the total of all such steeply
sloped areas, as adjusted above, exceeds a sum of 3/10 of an acre
(13,068 square feet). The single slope category that has the largest
area after the application of the relevant weighting factor shall
determine approval authority jurisdiction and review procedures. All
area measurements of square feet shall be to the nearest whole number.
An example of the calculations mandated by this Subsection C follows: The moderately steep slope area is 5,000 square feet, the very steep slope area is 3,000 square feet and the extremely steep slope area is 2,000 square feet. After adjustment by reason of the weighting factors, the moderate steep slope area remains 5,000 square feet, the very steep slope area is 4,500 square feet and the extremely steep slope area is 6,000 square feet. Since the aggregate of the adjusted areas exceeds 13,068 square feet, the proposed disturbance of the steep slope is subject to regulation by this chapter. The approval authority shall be the Planning Board, as the extremely steep slope area, as adjusted, has the largest single area.
The written form of town approval granted by the approval
authority and required by this chapter for the issuance of a work
permit and the conduct of any steep slope regulated activity.
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on the ground, including, but not limited to, buildings, tennis courts,
swimming pools and decks.
The unincorporated portion of the Town of Ossining.
The Town Board of the Town of Ossining.
The duty appointed counsel of the Town of Ossining.
The written approval issued by the Building Inspector permitting
the actual commencement and continuation of work within a regulated
steep slope area, consistent with the conditions, terms and requirements
of the steep slope permit issued by the approval authority.
The Zoning Board of Appeals of the Town of Ossining.
The applicant shall be responsible for having
the boundaries of the steep slope determined by field investigation,
flagging and subsequent survey by a licensed land surveyor. The approval
authority may also consult, at the expense of the applicant, and/or
may also require the applicant to consult with a landscape architect,
architect, professional engineer, soils scientist or other experts
and professionals as deemed necessary to make this determination.
The town shall maintain at the office of the Planning Board a map
showing a general description of steep slope areas, which shall be
available to the public. The existence of said map shall be for guidance
to applicants, who shall in all cases have the obligation of determining
if their property contains a steep slope.
The provisions of this chapter shall apply to
all lands defined and/or designated as steep slope areas.
