[Added 3-25-2004 by L.L. No. 1-2004]
It is the intent of the Town of New Paltz to
preserve steep slopes to the greatest extent practicable and to regulate
their use to protect the public interest by minimizing detrimental
effects of disturbance and development of these areas. This section
is intended to protect the public from the potential negative impacts
of the erosion, siltation, pollution of water supplies, slope failure,
increase in downstream runoff, alteration of scenic views, and destruction
of potentially significant habitat, which may result from disturbance
of steep slopes.
A.
Steep slopes and adjacent watercourses and wetlands
have been and are in jeopardy of being damaged and destroyed by unregulated
filling, excavating, building, clearing and grading, and other such
acts inconsistent with the natural conditions of steep slopes. Steep
slopes in the Town of New Paltz are environmentally sensitive landforms
and valuable natural resources, which are of benefit to the entire
Town and surrounding region. The environmental sensitivity of steep
slopes often results from such features as rock outcrops, shallow
soils over bedrock, bedrock fractures, groundwater seeps, watercourses,
and other wetlands found on or immediately adjacent to steep slopes.
B.
Protection of steep slopes is a matter of concern
to the entire Town of New Paltz. The establishment of regulatory and
conservational practices in this critical area is needed to protect
the public health, safety, and general welfare. Experience has demonstrated
that effective protection of steep slopes requires preservation wherever
possible. Experience has further demonstrated that where steep slopes
have to be disturbed, careful review and regulation, including stringent
mitigation measures, are required.
C.
The Town of New Paltz's experience with past development
has shown that improperly managed disturbances of steep slopes can
aggravate erosion and sedimentation beyond rates experienced in the
natural geomorphological processes. Erosion and sedimentation often
include the loss of topsoil, a valuable natural resource, and can
result in the disturbance of habitats, the degradation of the quality
of surface water, the silting of wetlands, the alteration of drainage
patterns, obstruction of drainage structures, and the intensification
of flooding.
D.
The Town of New Paltz's experience with past development
has shown that inadequately controlled disturbance of certain steep
slopes can lead to the failure of slopes and the mass movement of
earth, rock slides and landslides, damage to the natural environment,
threats to man-made structures and personal safety, and the degradation
of aesthetics.
E.
Steep slopes, including vegetation on rock cliffs,
are an important environmental feature that contribute to the character
of the Town. Overdevelopment or improperly managed disturbances are
detrimental to the character of the Town and can result in public
and private expenditures for corrective measures.
F.
Regulation of development on steep slopes is consistent
with the legitimate interest of landowners to make reasonable use
of their land. Regulation can prohibit the degradation of steep slopes
and allow reasonable use of private property by encouraging flexible
design of development so as to avoid disturbance of steep slopes.
Regulation can also permit environmentally sound disturbance of steep
slopes conducted in accordance with acceptable management and engineering
practices to permit reasonable use of private property.
G.
Regulation of development on steep slopes will not
preclude the Town from continuing to meet its social, economic and
other essential responsibilities.
H.
These regulations are enacted with the intent of providing
reasonable balance between the rights of the individual property owner
to the fair use of his property and the rights of present and future
generations. Therefore, this chapter recognizes the rights of owners
of property exhibiting steep slopes to use their property for reasonable
purposes consistent with other regulations and controls, provided
that such use, in the judgment of the appropriate agencies or officials
of the Town, does not result in a significant loss or degradation
of steep slopes or a loss of visual or open space benefits which steep
slopes have been found to provide.
I.
It is declared to be the intent of the Town of New
Paltz to preserve steep slopes to the greatest extent practicable
and to regulate their use within the Town to protect the public interest
by ensuring the maximization of benefit found to be provided by the
preservation of steep slopes and by ensuring the minimization of detrimental
effects for the practice of properly managed disturbance of steep
slopes as set forth in this article.
As used in this chapter, the following terms
shall have the meanings indicated:
All agricultural operations and activities related to the
growing or raising of crops, livestock or livestock products, and
agricultural products, as such terms are defined in or governed by
the Agriculture and Markets Law of the State of New York on lands
qualified under Ulster County and NYS law for an agricultural exemption
by the Assessor of the Town of New Paltz.
The maximum angle at which the exposed face of various soil
and rock minerals can deviate from the horizontal without incurring
the likelihood of slope failure.
A person requesting a steep slope permit from the Town of
New Paltz in accordance with the provisions of this chapter.
The municipal agency or public official empowered to administer
the permit procedures of this chapter.
Any activity which removes or significantly disturbs trees,
brush, grass, or any other type of vegetation.
Land maintenance involving tree trimming and pruning, the
removal of dead and/or diseased vegetation, lawn and garden care and
the planting of decorative trees, shrubs, and plants.
To fill, place, eject, or dump any material (not including
stormwater).
The removal of vegetation, excavation, regrading, filling,
removal of soil, rock or retaining structures in areas of steep slope,
or any combination thereof, whether by manual labor, machine, or explosive,
and shall include the conditions resulting from any excavation or
fill. 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 gravitational movement of water or other liquids by surface
runoff or surface flow.
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced
or spread.
Any act by which earth, sand, gravel, rock, or any other
material is deposited, placed, replaced, dumped, transported, or moved
by person or persons to a new location and shall include conditions
resulting therefrom.
An ecosystem supporting a dense growth of trees covering
a large area. The fence rows alone do not constitute a forest system.
The alteration of the surface or subsurface conditions of
land, lakes, ponds, or watercourses by excavating or filling.
A written description of land management and stewardship
practices employed on the property, and how such practices are in
keeping with the intent of this Local Law as set forth in the "purpose"
section herein. Said written description shall include an enumeration
of all such land management practices, but does not need to be specific
in terms of location, scope or duration of said practices.
The application of a layer of plant residue or other material
for the purpose of controlling erosion.
Any person, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including
public agencies and municipal corporations.
Cutting vegetation to the ground, leaving it as stumpage,
extracting it completely, or killing it by spraying.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin by erosion.
One or more lots or parcels of land, where regrading work
is performed as a single unified operation.
The map or drawn representation of a proposed development,
which is submitted to the municipal approval authority for consideration
and approval.
The activities of stripping, removal, excavating, filling,
and grading, no matter what the purpose of these activities.
The natural, unconsolidated, mineral and organic material
occurring on the surface of the Earth; it is a medium for the growth
of plants.
The protection of soil by careful management in order to
prevent physical loss by erosion and to avoid chemical deterioration.
Measures which protect soil from the erosive forces or raindrop
impact and flowing water and include, but are not limited to, vegetation
establishment, mulching and the early application of gravel base on
roads to be paved.
The systematic examination and mapping of soil in the field.
The law pursuant to Article 8 of the New York Environmental
Conservation Law providing for environmental quality review of actions
which may have a significant effect on the environment.
Any geographical area proposed for disturbance, 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,
and 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 acre or 13,068 square feet.
EXTREMELY STEEP SLOPE- A slope greater than 25% and covering a minimum horizontal area of 2/10 acre or 8,712 square feet.
A written form of municipal approval granted by the approving
authority and required for the issuance of a work permit and the conduct
of any "steep-slope-regulated activity."
The configuration of the land surface, including its relief
and the position of its natural and man-made features.
Covered or provided with vegetation or plant life.
The process of vegetating, the faculty of growth possessed
by plants and seeds.
A.
Exempt activities.
(1)
Agriculture, as defined herein;
(2)
Any customary landscaping, not involving regrading,
is allowed without the need for obtaining a permit, provided that
any such activities conform to all other applicable laws of the Town
of New Paltz;
(3)
Regulated activities on lands which are open to the
public for a park, nature preserve or wildlife refuge, for recreation
or tourism, whether or not a fee is charged for such use, or lands
governed by the terms of a conservation easement on file with the
Assessor of the Town of New Paltz and the County Clerk, or lands protected
by a conservation easement or owned in fee by a not-for-profit land
trust or conservation organization, or nonpublic lands owned and maintained
by bone fide religious/apostolic organizations possessing a tax exemption
under Section 501(d) of the United States IRS Code, or on lands designated
as a national landmark, provided that all such lands are managed by
a land stewardship plan on file with the Town of New Paltz Environmental
Conservation Commission to meet the spirit and intent of this chapter;
(4)
Emergency actions, and measures necessary to protect
human life and preserve property, such as clearing rock slides, creating
a fire break to fight fire, or other situations in which there is
an imminent threat to public health, safety and welfare.
(5)
Any property that is already subject to one or more
established plans of land stewardship, such as a:
[Added 4-15-2004 by L.L. No. 4-2004]
(a)
Federal, state, or local historic landmark designation;
(b)
Farmland conservation easement pursuant to the
New York State Agricultural and Markets Law, Article 25-AAA;
(c)
New York State DEC-approved forestry plan pursuant
to §§ 480 and 480-a of the Real Property Tax Law, or
pursuant to a Forest Land Enhancement Program (FLEP);
(d)
USDA Natural Resource Conservation Services-approved
Wildlife Habitat Incentives Program plan (WHIP);
(e)
USDA Agricultural Management Assistance Conservation
Plan (AMA);
(f)
USDA Conservation Security Plan (CSP);
(g)
USDA Conservation Reserve Program (CRP);
(h)
USDA Conservation Reserve Enhancement Program
(CREP);
(i)
USDA Debt for Nature Program;
(j)
USDA Wetland Reserve Program (WRP);
(k)
Cooperative Agricultural Environmental Management
Plan (AEM) (implemented through Cornell Cooperative Extension, Soil
and Water Conservation Service and the USDA Natural Resources Conservation
Service).
B.
Regulated activities. It shall be unlawful to create
any disturbance and/or to remove any more than two trees with a diameter
greater than four inches, when measured from 1 1/2 feet from
ground level, on any steep slope as defined by this section, with
the exception of an exempt activity as defined herein, without a specific
written permit as required by this section.
The approval authority with respect to applications
hereunder shall be as follows:
A.
The Zoning Board of Appeals shall be the approval
authority with respect to any application which requires the issuance
of any other permit or approval by it pursuant to the local laws of
the Town of New Paltz.
B.
The Planning Board shall be the approval authority
with respect to any application which requires the issuance of any
other permit or approval by it pursuant to the local laws of the Town
of New Paltz, including any application which also requires the issuance
or approval by the Zoning Board of Appeals.
C.
The Town of New Paltz Town Board shall be the approval
authority with respect to any application which requires the issuance
of any permit or other approval by it pursuant to the laws, rules
and regulations of the State of New York and/or the local laws of
the Town of New Paltz.
D.
The Town of New Paltz Town Engineer or other qualified
representative that is duly authorized by the Town Board shall be
the approval authority with respect to all other regulated activities.
In denying, granting or granting with modifications any application for a permit, the approval authority shall consider the consistency of the proposed activity with the findings set forth in § 140-133 of this chapter and the following standards:
A.
Alterations of trees and forests and topographical
alterations on steep slopes shall conform with any applicable regulations
of the Town of New Paltz.
B.
Activities within wetlands and their adjacent area,
and within the regulated areas of protected streams shall be in conformance
with the applicable federal and state regulatory requirements.
C.
Disturbance of areas with steep slopes should conform
with the following provisions:
(1)
The planning, design, and development of buildings
shall provide the maximum structural safety, slope stability and human
enjoyment while adapting the affected site to, and taking advantage
of, the best use of the natural terrain.
(2)
The terracing of building sites, including the mounding
of septic tile fields, shall be kept to an absolute minimum.
(3)
The roads and driveways shall follow the natural topography
to the greatest extent possible in order to minimize the potential
for erosion and shall be consistent with other applicable regulations
of the Town of New Paltz and current engineering practices.
(4)
Replanting shall consist of indigenous vegetation
and shall replicate the original vegetation on the site as much as
possible.
(5)
The natural elevations and vegetative cover of ridgelines
shall be disturbed only if the crest of a ridge and the treeline at
the ridge remains unobstructed. This may be accomplished either by
positioning buildings and areas of disturbance below a ridgeline or
by positioning buildings and areas of disturbance at a ridgeline so
that the elevation of the roofline is no greater than the elevation
of the natural treeline. However, under no circumstances shall more
than 100 feet along the ridgeline, to a width of 100 feet generally
centered on the ridgeline, be disturbed.
(6)
Regrading shall blend in with the natural contours
of the land.
(7)
Cuts and fills shall be rounded off to eliminate sharp
angles at the top, bottom, and sides of regraded slopes.
(8)
The angle of cut and fill slopes shall not exceed
a slope of one vertical to two horizontal except where retaining walls,
structural stabilization, or other methods acceptable to the Town
Engineer are used.
(9)
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 fills slopes.
Generally, such distance shall be considered to be six feet plus 1 1/2
the height of the cut or fill. Nevertheless, a structure built on
a slope or at the toe of a slope is permitted if it is properly designed
to retain the slope and withstand the forces exerted on it by the
retained slope.
(10)
The disturbance of rock outcrops shall be by
means of explosive only if labor and machines are not effective and
only if rock blasting is conducted in accordance with all applicable
regulations of the Town of New Paltz and the State of New York.
(11)
Disturbance of steep slopes shall be undertaken
in workable units in which the disturbance can be completed and stabilized
in one construction sequence so that areas are not left bare and exposed
during winter and spring thaw periods (December 15 through April 15).
(12)
Disturbance of existing vegetative groundcover
shall not take place more than 15 days prior to grading and construction.
(13)
Temporary soil stabilization, including, if
appropriate, temporary stabilization measures such as netting or mulching
to secure soil during the grow-in period, must be applied to an area
of disturbance not longer than two days after establishing the final
grade, and permanent stabilization must be applied within 15 days
of establishing the final grade.
(14)
Soil stabilization must be applied not longer
than two days after disturbance, if the final grade is not expected
to be established within 60 days.
(15)
Measures for the control of erosion and sedimentation
shall be undertaken consistent with the New York State Guidelines
for Urban Erosion and Sediment Control, latest edition, or its equivalent
(satisfactory to the approval authority).
(16)
All proposed disturbance of steep slopes shall
be undertaken with consideration of the soils limitations characteristics
contained in the Soils Survey of Ulster County, 1979, as prepared
by the Soil Conservation Service, in terms of recognition of limitation
of soils on steep slopes for development and application of all mitigating
measures as deemed necessary by the approval authority.
(17)
Topsoil shall be stripped from all areas of
disturbance and then stockpiled and stabilized in a manner to minimize
erosion and sedimentation and replaced elsewhere on the site at the
time of final grading. Stockpiling shall not be permitted on slopes
greater than 10%.
(18)
No organic material or rock shall be used as
fill material that is of a size that will not allow appropriate compaction
or cover by topsoil. Fill materials shall be no less granular than
the soil upon which it is placed and shall drain readily.
(19)
Compaction of fill materials and fill areas
shall be such to ensure support of proposed structures and stabilization
for intended uses.
A.
Application for permit. An application for permit
to alter a steep slope shall be filed with the approval authority
and shall contain the following information and such other information
as required by it, except when waived by it as not pertinent or necessary
for the proposed disturbance:
(1)
The name and post office address of the owner and
applicant.
(2)
This street address and tax map designation of the
property covered by the application.
(3)
A statement of authority from the owner for any agent
making application.
(4)
A listing of property owners adjacent to, across streets
from, and downgradient within 500 feet of the property as well as
any additional property owners deemed appropriate by the approval
authority.
(5)
A statement of the proposed work and purpose thereof.
(6)
Copies, in such reasonable number as determined by
the approval authority, of plans for the proposed regulated activities
drawn to a scale of not less than one inch equals fifty feet (unless
otherwise specified by the approval authority). Such plan for alteration
of land containing moderately steep slopes shall be prepared by an
experienced professional with qualifications satisfactory to the approval
authority. Plans for alteration of land containing extremely steep
slopes shall be prepared and certified by a qualified professional
licensed by the State of New York, such as a professional engineer,
a certified professional in erosion and sediment control, or a landscape
architect. The plan for the regulated activities must incorporate
the following information:
(a)
The location of the proposed construction or
area of disturbance and its relationship to the property lines, easements,
buildings, roads, walls, sewage disposal systems, wells, and streams
and wetlands within 100 feet of the proposed construction or area
of disturbance for adjacent properties at the same elevation and within
500 feet of the properties significantly lower.
(b)
The estimated material quantities of excavation/fill.
(c)
The location and size of areas of soils listed
by soil types in the area of the proposed disturbance and to a distance
of 100 feet beyond same.
(d)
The existing and proposed contours [National
Geodetic Vertical Datum (NGVD)] at two-foot intervals in the area
of the proposed disturbance and to the distance of 100 feet beyond
same.
(e)
Cross sections of steep slope areas.
(f)
Retaining walls or like constructions, with
details of construction.
(g)
The erosion and sedimentation control plan.
(h)
Other details, including specific reports by
qualified professionals on soils, geology and hydrology, and borings
and/or test pits, as may be determined to be necessary by the approval
authority.
(i)
A list of all applicable County, State, or federal
permits which are required for such work or improvements.
(j)
An application fee in the amount set forth in
a fee schedule established by the Town of New Paltz Town Board.
B.
Referral. The approval authority shall refer any application
submitted to it pursuant to this chapter to the Environmental Conservation
Commission for review and report. The Environmental Conservation Commission
shall report back to the approval authority within forty five days
of the date of the referral or within such greater period as may be
specified by the approval of authority (at the time of the referral).
Failure to comply with the specified time period shall be interpreted
by the approval authority as indicating no objection to the application.
C.
Notice. Upon receipt of a completed application under
this chapter, the approval authority shall cause notice of receipt
of the same to be mailed by first-class mail to the adjoining property
owners, including those across the street adjoining the involved property.
Such property owners shall have ten days from said day of notice to
submit written comment to the approval authority with regard to said
application. The approval authority may waive this notice procedure
if it has received responses from all the adjoining property owners
prior to action by it. In cases where the approval authority is the
Town Engineer or other qualified representative that is duly authorized
by the Town Board, he/she shall cause such notice to be posted at
one or more locations along the street or streets abutting the property.
D.
Public hearing. A public hearing shall be held by
the approval authority on the application made hereunder at such times,
under such circumstances, and upon such notice as may be required
for the granting of the permit or approval required of such approval
authority pursuant to the local laws and ordinances of the Town of
New Paltz. A public hearing may be held when the approval authority
is the Town Engineer or other qualified representative that is duly
authorized by the Town Board.
E.
Action by the approval authority. In approving any
application, the approval authority may impose such conditions or
limitations as it determines necessary to insure compliance with the
intent, purposes, and standards of this chapter.
(1)
On applications for which no public hearing is required,
a determination shall be made to approve, approve with modifications
or disapprove the application within 60 days of receipt of a completed
application therefor.
(2)
On applications for which a public hearing is required,
a determination shall be made to approve, approve with modifications,
or disapprove the issuance of such permit simultaneously with a determination
by the approval authority of the other permit or approval for which
the application was made.
F.
Appeal. Any party aggrieved by a decision of the Town
Engineer or other qualified representative that is duly authorized
by the Town Board to approve, approve with conditions, or disapprove
an application may appeal the decision to the Zoning Board of Appeals.
A.
Activities specified by the permit shall be undertaken
pursuant to any conditions of the permit and shall be completed according
to any schedule set forth in the permit.
B.
A permit shall expire on completion of the activities
specified and shall be valid for a period of one year from the date
of approval or for the period of any other permit issued by the approval
authority.
C.
A permit may be renewed by the approval authority
for a period of up to one year.
D.
The approval authority may revoke or suspend a permit
if it finds that the applicant has not complied with any of the conditions
or limitations set forth in the permit.
In granting a permit, the approval authority
shall require a security (in an amount and with surety and conditions
satisfactory to it), securing to the Town of New Paltz compliance
with the conditions and limitations set forth in the permit.
A.
The approval authority may inspect activities undertaken
pursuant to a permit (or have such activities inspected by its representative)
so as to ensure satisfactory completion.
B.
The approval authority may require that the applicant
submit for approval a detailed monitoring program, including but not
necessarily limited to written status reports at specified intervals
documenting activities undertaken pursuant to a permit.
C.
The approval authority may require that the activities
undertaken pursuant to a permit be supervised by an appropriate licensed
professional.
All actions by the Planning Board under the
provisions of this chapter shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
A.
The Town Board of the Town of New Paltz shall establish
by resolution the fee to be charged, collected and received for the
granting of each permit required by this chapter.
B.
The fees required pursuant to the provisions of this
chapter shall be paid in advance upon submission of an application,
and the failure to submit the full payment required shall render the
application incomplete.
A.
Every person who shall fail to comply with a violation
order issued by the enforcement officer within the time limit stated
thereon shall be deemed to have committed an offense against this
chapter and also shall be liable for any such violation for the penalty
therefor.
B.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and, for such purposes only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violations shall constitute a separate additional violation.
C.
Any person violating this chapter shall be subject
to a civil penalty enforceable and collectible by the Town. Such penalty
shall be collectible by and in the name of the Town for each week
that such violation shall continue.
D.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter.
E.
The enforcement responsibility, procedures and fines
shall be coordinated with zoning enforcement and flood damage control
law provisions so that any instance where multiple violations occur
because of the same set of facts can be effectively and efficiently
prosecuted.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board, and/or the Town Board, and/or
the Zoning Board of Appeals, and/or the Town Engineer and/or their
duly authorized representative under this article may apply to the
Supreme Court of the State of New York for relief through a proceeding
under Article 78 of the Civil Practice Law and Rules of the State
of New York. Such proceeding shall be governed by the specific provisions
of Article 78, except that the action must be commenced within 30
days after the filing of the decision of the Planning Board, or of
the Zoning Board of Appeals, or of the Town Engineer, or of such duly
authorized representative, as the case may be, in the office of the
Town Clerk in accordance with applicable provisions of New York State
Town Law.
