The Village Board of the Village of Croton-on-Hudson
finds and declares it to be the public policy of the Village to 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 adjoining property by preventing surface
erosion, creep and sudden slope failure. In this connection, the Village
Board finds as follows:
A.
Protection of steep slopes is a matter of concern
to the entire Village. 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 approving authority, no practicable
alternative to such disturbance exists. However, in all cases where
the approving 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 his property.
B.
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, alteration of drainage patterns, the gullying of
land, obstruction of drainage structures and intensification of flooding
both on and off the subject site.
C.
The inadequately controlled disturbance of steep slopes
can lead to the failure of slopes and the mass movement of earth,
danger to the natural environment, man-made structures and the safety
of persons, and the degradation of aesthetics.
D.
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
Croton-on-Hudson. Areas that are highly visible from the roadways
are particularly important in maintaining the Village's semirural
character. Overdevelopment of or improperly managed disturbance to
these areas are detrimental to the visual character of the Village.
E.
Regulation of disturbance to steep slopes is consistent
with the legitimate interests of landowners to make reasonable use
of their land. Regulation can prohibit the degradation of these important
environmental features and 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, to permit reasonable use of private property.
F.
To mitigate the potential adverse impacts of development
on steep slopes, the approving authority should seek the permanent
preservation of such areas by such means as the use of imaginative
and innovative site design, including the application of § 7-738,
Subdivision review; approval of cluster development, of the New York
State Village Law, and the establishment of conservation easements
and other land preservation techniques.
As used in this chapter, the following terms
shall have the meanings indicated:
The maximum angle 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 or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, filing an application pursuant to this chapter.
The Village agency or public official empowered to administer the permit procedures of this chapter, as specified in § 195-5 hereof.
The Building Inspector of the Village of Croton-on-Hudson,
New York, or his or her authorized representative.
The removal of vegetation, except as specifically permitted in § 195-3B 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.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
The Planning Board of the Village of Croton-on-Hudson.
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, whether man-made or natural, and whether created by a retaining
structure or not. Steep slopes are further categorized as:
MODERATELY STEEP SLOPEA slope equal to or greater than 15% but less than 25%.
VERY STEEP SLOPEA slope equal to or greater than 25% but less than 35%.
EXTREMELY STEEP SLOPEA slope equal to or greater than 35%.
The written form of Village approval granted by the approving
authority and required by this chapter for the issuance of a work
permit and the conduct of any steep slope regulated activity.
The person employed as a Village Engineer of the Village
of Croton-on-Hudson, or his or her designee.
The written approval issued by the Building Inspector permitting
the actual commencement and continuation of work within a steep slope
regulated area, consistent with the conditions, terms and requirements
of the steep slope permit issued by the approving authority.
