The purpose of the steep slope protection district is to minimize the impacts of development activities on steep slopes in the Town of Brighton by regulating activities in these areas and by requiring review and permit approval prior to project commencement. The developmental impacts include soil erosion and sedimentation, destruction of vegetation, increased runoff rates and slope failure. The regulations contained in this district are designed to minimize the disturbance or removal of existing vegetation, prevent increased erosion and runoff, maintain established drainage systems, locate development where it is less likely to cause future slope failures and to retain, as much as possible, the natural character of these areas.
The boundaries of the steep slope protection district shall be delineated on the Official Town of Brighton EPOD Maps and shall include all areas of 15% or greater slopes, and all areas within 50 feet of the toe or top of such slopes. The authorized official or Town Engineer may consult other information, including but not limited to the Soil Survey of Monroe County, topographic maps produced by the United States Geological Survey, field surveys and other appropriate sources, in order to more accurately locate and delineate steep slope protection district boundaries within the Town.
No person shall conduct any of the following regulated activities within any steep slope protection district in the Town of Brighton unless such person has first applied for and obtained an EPOD development permit pursuant to the requirements of this section:
A. 
Construction of new buildings or structures or additions and modifications to existing buildings and structures in areas of slopes exceeding 15%.
B. 
Clearing of or constructing on any land area within the district including construction or clearing activities related to providing equipment access on the site, except for those activities exempted from the permit requirements of this section as indicated in the excavation regulations of the Town Code.
C. 
The construction or placement of any sewage disposal system, including individual sewage disposal systems, septic tanks, septic drainage or leach fields.
D. 
Filling, cutting or excavating operations.
E. 
Discharge of stormwater and/or construction and placement of stormwater runoff systems.
A. 
In granting, denying or conditioning any application for an EPOD development permit, the authorized official or the Planning Board shall consider the effect that the proposed regulated activity will have on the public health, safety and welfare and on the protection or enhancement of the fragile and environmentally sensitive steep slope areas.
B. 
No permit to undertake a regulated activity within a steep slope protection district in the Town of Brighton shall be issued by the authorized official or the Planning Board unless the applicant can adequately demonstrate that:
(1) 
The stable angle of repose of the soil classes found on the site shall be used to determine the proper placement of structures and other development-related facilities within the plateau area. Site-specific calculations of the stable angle of repose for the site shall be determined by a professional soil scientist or engineer using the soil classes and nomenclature contained in the Soil Survey of Monroe County and obtained for the site by borings, as well as high-intensity soil survey data provided by the applicant.
(2) 
The stability of soils will be maintained or increased to adequately support any construction thereon or to support any landscaping, agricultural or similar activities. This shall be documented by soil bearing data provided by a qualified testing laboratory or engineer and paid for by the developer.
(3) 
No proposed activity will cause erosion or slipping of soil or cause sediment to be discharged into any stream or tributary, or the wetlands or tributaries of Irondequoit Bay.
(4) 
Plant life located on the slopes outside of the minimum area that need to be disturbed for carrying on approved activities shall not be destroyed. Plants or other acceptable ground cover shall be reestablished in disturbed areas immediately upon completion of development activity so as to prevent any of the harmful effects set forth above to maintain the natural scenic characteristics of any steep slope.
(5) 
Access down steep slopes shall be provided with ramp slopes no greater than 1:6 and side slopes no greater than 1:3 if not terraced or otherwise structurally stabilized. Disturbed nonroadway areas shall be stabilized and adequately drained;
(6) 
There is no reasonable alternative for the proposed regulated activity on that portion of the site not containing steep slopes.
C. 
Construction standards.
(1) 
Construction of erosion protection structures shall be permitted according to the following standards:
(a) 
All erosion protection structures shall be designed and constructed according to generally accepted engineering principles found in publications entitled "Stormwater Management Guidelines for New Development" and "Best Management Practices for Stormwater Runoff Management," as found in Chapter 6 of the New York State Department of Environmental Conservation (NYSDEC) Stream Corridor Management Manual; and the New York Guidelines for Urban Erosion and Sedimentation Controls published by the Empire State Chapter of the Soil and Water Conservation Society, as amended.
(b) 
A long-term maintenance program shall be included in any application for construction, modification or restoration of an erosion protection structure, until ground cover has been reestablished. Such program shall include specifications for normal maintenance of degradable materials and the periodic of removable materials.
(c) 
The construction, modification or restoration of erosion protection structures shall not be likely to cause any measurable increase in erosion at the development site or other locations and prevent adverse effects to natural protective features, existing erosion protection structures and natural resources such as significant fish and wildlife habitats.
(d) 
Temporary erosion controls (i.e., straw bales, siltation fences, hydroseeding and mulching) shall be provided for all disturbed areas, shall be installed before work begins and shall be maintained until restoration is complete. The site plan shall show locations and methods of erosion/siltation controls.
(e) 
A construction and erosion control schedule should be required from the applicant as part of the permit application. All disturbed steep slope areas shall be regraded and stabilized as soon as possible, but in less than 14 days.
(2) 
Drainage of stormwater shall not cause erosion or siltation, contribute to slope failures, pollute groundwater or cause damage to, or flooding of, property. Drainage systems shall be designed and located to ensure slope stability.
(3) 
Any grading, excavating or other soil disturbance conducted on a steep slope shall not direct surface water runoff over the receding edge during construction.
(4) 
Removal of existing mature trees from steep slope areas will only be permitted where absolutely necessary to allow the subject construction. All trees larger than three inches in diameter and any trees to be removed shall be shown on the site plan.
D. 
Prior to receiving any approval or imposing any conditions of approval, the applicant for an EPOD permit shall have the burden of demonstrating that the proposed regulated activity will be conducted in accordance with the standards and requirements of this section, as well as any additional requirements which may be imposed by the authorized official or board having jurisdiction.