HomeMy WebLinkAboutmodel.steep.slope.03.27.13_1Cayuga County
Model Steep Slope Regulation
TOWN/VILLAGE OF ___________
ARTICLE ___________ - STEEP SLOPE REGULATION
Title.
Steep Slope Regulation and Overlay District - Amendment to the Zoning Ordinance of the
Town/Village of ____________.
Purpose and Intent.
A.The purpose of the Steep Slope Overlay District established in this article is to provide special
controls over land development located in these sensitive environmental areas within the
Town/Village of _______. This district and the regulations associated within it are designed to
preserve, protect and manage sensitive steep slope features with grades of fifteen percent (15%)
or greater in order to:
1.Minimize erosion, pollution and environmental damage;
2.Reduce soil, pavement and building subsidence;
3.Ensure proper emergency access; and
4.Preserve and enhance, to the extent practicable, public scenic views as identified in the
Comprehensive Plan for the Town/Village of __________. Include this point only if the
municipality has identified such views.
B.This regulation is not intended to be substituted for other general zoning district provisions, but
can be superimposed over such district provisions and should be considered as additional
requirements to be met by the applicant prior to project approval. The purpose of the steep slope
overlay district is to provide the Town/Village with an additional level of review and regulation
that controls how land development permitted by the Town’s/Village’s primary zoning districts
should occur on slopes of fifteen percent (15%) grade or greater and within a fifty (50) foot zone
at the top and bottom of such slopes .
Definitions.
1.Site Disturbance: Any activity that removes the vegetative cover from the land surface.
2.Vegetative Cover: Grasses, shrubs, trees, and other vegetation which holds and stabilizes soils.
3.Steep Slope: A ground area with a 15% gradient or greater (a ratio of 15 feet or greater of vertical
distance to every 100 feet of horizontal distance) for a vertical height of 35 feet or more and
covering a minimum horizontal area of 500 square feet.
a.15% slope: A ground area with a 15% gradient (a ratio of 15 feet of vertical distance to
every 100 feet of horizontal distance) for a vertical height of 35 feet or more and covering a
minimum horizontal area of 500 square feet.
b.35% slope: A ground area with a 35% gradient (a ratio of 35 feet of vertical distance to
every 100 feet of horizontal distance) for a vertical height of 35 feet or more and covering a
minimum horizontal area of 500 square feet.
Steep Slope Overlay District.
A. District. The Steep Slope Overlay District encompasses all steep slopes within the Town/Village
of _________ and includes a fifty (50) foot zone along the top and bottom of such slopes. The
Town/Village has the authority to amend or add to the District as necessary. Field investigations
and/or other environmental analyses may be required in order to determine whether a proposed
regulated activity is included within the District. Determination of the status of a particular
activity in terms of its presence within or near a steep slope of 15% or greater shall be made by
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the Code Enforcement Officer (CEO)/Zoning Enforcement Officer (ZEO). The District is
divided into two categories:
1.Areas with steep slopes equal to or greater than fifteen percent (15%) but less than thirty-five
percent (35%) including a fifty (50) foot zone along the top and bottom of such slopes
2.Areas with steep slopes that are equal to or greater than 35% including a fifty (50) foot zone
along the top and bottom of such slopes
B. Map. Approximate boundaries of the Steep Slope Overlay District are shown on the Steep Slope
Overlay District Map, which shall be used for reference purposes only and shall not be used to
delineate exact boundaries.
Steep Slope Permit.
A.A Steep Slope Permit is required for any regulated activity as defined in Section _____ within the
Steep Slope Overlay District. Steep Slope Permits shall be issued by the Town/Village
CEO/ZEO.
B.If the site is subject to the NYS Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) permitting process, the applicant shall submit
verification of compliance with those requirements before the Steep Slope Permit is granted .
Regulated Activities and Exemptions.
A.No construction, grading, excavation or other activity that results in site disturbance is permitted
on any land with a slope of thirty-five percent (35%) or greater, or within a fifty (50) foot
transition zone at the top and bottom of slopes with a 35% grade or greater, unless such activity is
a non-structural and non-tillable farming activity or a timber harvesting activity using NYS
Forestry Best Management Practices for Water Quality.
B.Any construction, grading, excavation or other activity that results in site disturbance that takes
place on a slope equal to or greater than fifteen percent (15%) but less than thirty-five percent
(35%) or within a fifty (50) foot transition zone at the top and bottom of these slopes shall
conform to these Steep Slope Regulations, unless exempted by this section. The following
activities are exempted by this section:
1.Any planting or installation of landscape materials which does not require disturbance of
existing terrain;
2.Emergency situations, as determined by the Town/Village CEO/ZEO, where the
disturbance of steep slopes is required to protect persons or property from imminent danger;
3.Farming activities using sound management practices in accordance with the Sound
Agricultural Practices Guidelines of the New York State (NYS) Department of Agriculture
and Markets;
4.Timber harvesting using NYS Forestry Best Management Practices for Water Quality;
5.Routine repair and maintenance of an existing driveway, but not to include
reconstruction;
6.Construction, maintenance, and repair of public utilities;
7.Routine and emergency construction, maintenance or repair of public highways by
authorized municipal or New York State personnel;
8.Town/Village water and sewer installations;
9.Site disturbance that totals an area of less than three hundred (300) square feet.
C.No driveway, vehicular access lane, or private road may be constructed that exceeds 15% slope
for more than 5% of its total length.
Erosion Sediment Control Plan.
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A.Applicants for Steep Slope Permits shall submit an Erosion and Sediment Control Plan (ESCP)
that will enable the reviewing body to evaluate the appropriateness of the steep slope site design
and the proposed erosion and sediment control measures.
B.The ESCP shall contain provisions to control erosion and sedimentation and reduce the impacts
of stormwater, stormwater infiltration and runoff from the site during construction and post-
construction based on best management practices. The objective of such practices is to minimize
soil erosion and sedimentation and ensure slope stability. Alternative principles, methods and
procedures may be used with prior approval of the Town/Village Board based upon a favorable
recommendation from all of the following: 1) Town/Village Engineer (staff)/Town/Village’s
Consulting Engineer; 2) County Soil and Water Conservation District; 3) Owasco Lake
Watershed Inspector (where applicable)
C.Contents. A complete ESCP shall contain the following:A fee in an amount to be determined by
resolution of the Town/Village BoaFees for services provided by site inspectors, engineers,
planners, attorneys and outside agencies in an amount determined by the Town/Village Board as
sufficient to defray the estimated costs of such services rendered to the Town/Village in
connection with the application. The applicant shall deposit with the Town/Village Clerk the
amount estimated to reimburse the Town/Village for such costs. Any amount remaining after
payment for services rendered shall be returned to the applicant upon final approval or upon
withdrawal if the application is withdrawn.
A narrative that provides background information about the scope of the project, site
characteristics such as location, type and size of the project, and describes the plans and maps
described in this section. The narrative should highlight the erosion and sedimentation control
measures, and measures to maintain slope stability, and why they will be effective.
1.A general location map that shows the proximity of the site to any surface water bodies,
wetlands, roads, property boundaries, and other features, and shall include a USGS map as
well as a map at a minimum 1:100 scale.
2.An existing condition site plan that shows the grading features as they currently exist,
soils, existing vegetation, drainage patterns and stormwater runoff, and the locations and
names of the receiving waters.
3.A grading plan and construction timetable that shows the proposed finished contours and
drainage patterns, and addresses sequencing of the project and construction activities
including clearing, grubbing, excavation, grading, utility and infrastructure installation and
any other activity on the site that results in soil disturbance. The plan will also show
locations of off-site material, waste, borrow or equipment storage areas, and locations of
stormwater discharges. The timetable shall show how each phase of the project relates to the
others and how the applicant has taken steps to minimize the amount of exposed soil at all
times.
4.A site plan and timetable that depicts the location of all erosion and sediment control
measures and a timetable that charts the sequencing of control measures. The plan shall
include:
a.Temporary and permanent structural and vegetative measures to be used for soil
stabilization, runoff control and sediment control for each stage of the project from initial
land clearing and grubbing to project close-out.
b.The dimensions, material specifications and installation details for all erosion and
sediment control practices including the siting and sizing of any temporary sediment
basins.
c.Temporary practices that will be converted to permanent control measures.
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d.Description of the pollution prevention measures that will be used to control litter,
construction chemicals and construction debris from becoming a pollutant source in
stormwater runoff.
e.An implementation schedule for staging temporary erosion and sediment control
practices, including the timing of initial placement and duration that each practice should
remain in place.
f.A maintenance schedule to ensure continuous and effective operation of the erosion and
sediment control practice.
g.The names of the receiving waters of new drainage patterns.
5.A description of construction and waste materials expected to be stored on-site with
updates as appropriate, and a description of controls to reduce pollutants from these materials
including storage practices to minimize exposure of the materials to stormwater, and spill
prevention and response.
6.The designation of responsibility for ESCP implementation for each part of the site and
phase of the project.
7.A description of structural practices designed to divert flows from exposed soils, store
flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable.
8.A plan prepared by a licensed professional engineer showing and certifying the
following:
a.All existing and proposed natural and artificial drainage courses and other features for the
control of drainage, erosion and water.
b.The calculated volume of water run-off from slopes 15% or greater and from the lot in
question, as unimproved and improved, during a two-year, twenty-four hour storm event.
c.The existence, location, and capacity of all natural and artificial drainage courses and
facilities within five hundred feet (500’) of the regulated activity, which are used, or will
be used, to carry or contain the water runoff from slopes 15% or greater.
d.A description of the effect of any increased water run-off on all adjacent properties and
any other property which will be materially affected by increased water run-off and
infiltration.
e.Subsurface geology and hydrology that would impact the proposed development,
adjacent properties, or areas downstream of impacted water flows.
10.Any additional provisions, methods or procedures the Planning Board deems necessary in
order to do a proper review of the regulated activity.
Note to Towns/Villages adopting these regulations: Sites that are one acre or larger are subject to the
NYDEC State Pollutant Discharge Elimination System (SPDES) permitting process in addition to these
regulations.
Content Waiver.
The Planning Board may waive any information requirements contained within [Erosion and Sediment
Control, Subsection C, Plan Contents], with respect to an application for a Steep Slope Permit, so long as
a fully informed determination, consistent with the intent of this chapter, can be made without the
information.
11.
Technical Standards.
A.For the purpose of these regulations, the following documents shall serve as the official guides
and specifications for slope protection and erosion and sediment control:
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1.New York Standards and Specifications for Erosion and Sediment Control , (Empire State
Chapter of the Soil and Water Conservation Society, 2004, most current version or its
successor, hereafter referred to as the Erosion Control Manual).
2.The New York State Stormwater Management Design Manual (New York State
Department of Environmental Conservation, most current version or its successor, hereafter
referred to as the Design Manual).
B.Alternative methods that are not outlined within this section may be used with prior approval of
the Town/Village Board based upon a favorable recommendation from all of the following: 1)
Town/Village Engineer (staff)/Town/Village’s Consulting Engineer; 2) County Soil and Water
Conservation District; 3) Owasco Lake Watershed Inspector, where applicable.
Review Standards.
A.Considerations . In granting, denying or conditioning any application for a Steep Slope Permit,
the Planning Board shall consider the following:
1.The effect that the proposed regulated activity will have on the public health, safety and
welfare and on the protection or preservation of steep slope areas;
2.The compatibility of the proposed regulated activity with the preservation, protection and
conservation of the steep slope and surrounding area;
3.The degree to which the proposed activity conforms to the standards and criteria of the Steep
Slope Overlay District, as noted elsewhere in this article.
B.Conditions. No permit to undertake a regulated activity within any area of steep slopes shall be
issued unless the applicant can demonstrate that the following standards are met to the
satisfaction of the Planning Board.
1.There is no reasonable alternative for the proposed regulated activity on that portion of the
site not containing steep slopes;
2.There shall be no more than nominal degradation to or loss of steep slopes and surrounding
areas;
3.Lot layouts are designed so that sanitary sewage disposal systems entirely avoid all areas
within the Steep Slope Overlay District and are in compliance with all standards and
regulations of the Cayuga County Health Department;
4.Wherever possible, erosion shall be prevented by minimizing disturbance to the existing
vegetative cover;
5.The planning, design and development of buildings and site improvements limits the rate of
stormwater runoff to a zero increase with overflow to a municipal drain system where
practicable and provides the maximum in structural safety, slope stability, and human
enjoyment while adapting the affected site to, and taking advantage of, the best use of the
natural terrain and aesthetic character;
6.The terracing of building sites is kept to a minimum;
7.Roads and driveways follow the natural topography to the greatest extent possible in order to
minimize the potential for erosion, and they are consistent with other applicable regulations
of the Town/Village of _____ and current engineering practices;
8.Habitat is quantified and protected, no endangered species of flora or fauna are adversely
impacted and any replanting shall be maintained by the applicant for two years and shall
consist of indigenous vegetation that at a minimum replicates the original vegetation on the
site, in kind;
9.Any re-grading blends in with the natural contours and undulations of the land;
10.Cuts and fills are rounded off to eliminate sharp angels at the top, bottom, and sides of re-
graded slopes;
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11.The angle of cut and fill slopes does 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;
12.Disturbance of rock outcrops is by means of explosives only if labor and machines are not
effective and only if rock blasting is conducted in accordance with all applicable regulations
of the Town/Village of _____ and the State of New York. The rock shall be effectively
stabilized;
13.Disturbance of slopes is undertaken in workable units in which the disturbance can be
completed and stabilized in one construction season so that areas are not left bare and
exposed during the period from December 15 through April 15;
14.Disturbance of existing vegetative ground cover does not take place more than seven (7) days
prior to grading and construction;
15.Temporary soil stabilization, including, if appropriate, temporary stabilization measures such
as netting or mulching to secure soil during the grow-in period, is applied to an area of
disturbance within two days of establishing the final grade, and permanent stabilization is
applied within seven (7) days of establishing the final grade;
16.Soil stabilization is applied within two days of disturbance if the final grade is not expected to
be established within 60 days;
17.All proposed disturbance of slopes is undertaken with consideration of the soil limitation
characteristics contained within ____________ Based on a combination of City of East
Peoria, Town of Ossining, and Town of Mt. Pleasant definitions , in terms of recognizing the
limitations of certain soil types on slopes for development and application of all mitigating
measures, and as deemed necessary by the Town Engineer;
18.Structures are designed to fit into the hillside rather than altering the hillside to fit the
structure, employing methods such as reduced footprint design, step-down structures, stilt
houses, and minimization of grading outside the building footprint;
19.Development is sited on that portion of the site least likely to impact the natural landforms,
geological features, and vegetation;
20.The construction equipment has adequate access so as not to disturb anything outside the
approved limit of disturbance that shall be shown on the plan drawings and, when approved,
staked in the field.
C.
Review Process.
To the extent practicable, Steep Slopes Permit reviews shall run concurrently and be coordinated with
other local approvals.
D.Pre-application Erosion and Sediment Control Sketch Plan. The applicant is encouraged to
present a sketch plan of the proposal to the Planning Board for informal review and discussion.
The Planning Board is not authorized to and shall not take any formal action on sketch plans.
E.Submissions. An application, Erosion and Sediment Control Plan and any requests to waive
specific ESCP requirements shall be submitted to the Town/Village of _________ Planning
Board. All of these materials must be submitted before the application can be reviewed.
F.External Review. The Town/Village of __________ Planning Board may refer the Erosion and
Sediment Control Plan (ESCP) to a qualified consultant and/or to the County Soil and Water
Conservation District for professional advice concerning compliance of the plan.
G.Final Decision. Findings of fact shall be made by the Planning Board for all decisions to permit,
not permit, or permit with conditions the regulated activity. “Findings” is a written description of
facts relevant to and in support of the decision made and shall be made part of the public record.
No Steep Slopes Permit shall be granted unless it is consistent with these regulations.
H.Provisions for Inspection. A Steep Slopes Permit may be approved only after physical
inspections of the property have been made by the Town/Village at the times and in the manner
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described below. The applicant shall arrange with the Town/Village CEO/ZEO for scheduling of
the following inspections:
1.An initial inspection prior to final approval of the requested Steep Slopes Permit.
2.An erosion control inspection to ensure erosion control practices are in accordance with
the approved plan.
3.A burial inspection prior to backfilling of any underground drainage or stormwater
conveyance structures.
4.A final inspection when all work, including construction of stormwater management
facilities, has been completed.
5.The CEO/ZEO retains the right to inspect permanent post-construction stormwater
facilities on an on-going basis and to request records of its maintenance.
Enforcement.
A.Appeals. Applicants may appeal the determination of Steep Slope Overlay District boundaries in
the same manner as appeals of Zoning Enforcement Officer interpretations under the
Town/Village Zoning Code.
B.Sureties.
1.Completion of Work. To ensure compliance with all requirements of an approved permit, the
Town/Village Board may require the applicant to provide a performance guarantee or surety,
prior to construction in the form of a performance bond, escrow account certification, or
irrevocable letter of credit from an insured financial institution. The guarantee shall be for the
full cost of all work to be performed on the property subject to the permit and shall be
payable solely to the Town/Village of ________. The Town/Village Board shall determine the
amount based on the final design plans and actual construction costs.
2.Maintenance of Facilities. Where stormwater management and erosion control facilities are
to be operated and maintained by the developer, or by a corporation that owns or manages the
development, the Town/Village Board shall require the developer to provide the Town/Village
of ________ with a performance guarantee/surety in the form of a performance bond, escrow
account certification, or irrevocable letter of credit from an insured financial institution,
payable to the Town/Village of ________ to ensure maintenance of all stormwater
management and erosion control facilities which have been approved for the Steep Slopes
Permit during the life of the facility.
3.Duration. Sureties will remain in force until the Town/Village of ________ releases the
responsible party from liability. All accrued interest in any surety account shall be reinvested
to the benefit of the account and may be applied only to the purposes originally established
for the surety until the Town/Village of ________ releases the responsible party from liability.
4.Failure to Comply. If the developer or owner fails to perform as required under the permit,
the Town/Village of _________ may draw any portion of the amount guaranteed for the
purpose of work in default under the permit. If the developer, owner or other named
responsible party fails to maintain facilities as required, the Town/Village of ________ may
draw any portion of the amount guaranteed to pay the costs of operation and maintenance of
permitted facilities.
D.Stop Work Orders.
1.The CEO/ZEO shall issue, or cause to be issued, a stop work order for any regulated activity
found ongoing without a Steep Slope Permit. Disregard of a stop work order shall subject the
violator to the penalties described in [Enforcement Subsection F, Penalties].
2.The CEO/ZEO shall issue, or cause to be issued, a stop work order for any steep slope
development found non-compliant with the provisions of this law and/or the conditions of the
Steep Slope Permit. Disregard of a stop work order shall subject the violator to the penalties
described in [Enforcement Subsection F, Penalties].
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E.Certificate of Compliance.
1.In areas within the Steep Slope Overlay District it shall be unlawful to occupy or to permit
the use or occupancy of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partly altered or enlarged in its use or structure until
a certificate of compliance has been issued by the CEO/ZEO stating that the building or land
conforms to the requirements of this local law.
2.A certificate of compliance shall be issued by the CEO/ZEO upon satisfactory completion of
all development in areas within the Steep Slope Overlay District.
3.Issuance of the certificate shall be based upon the inspections conducted as prescribed in
[Review Process Subsection G, Provisions for Inspection].
F.Penalties. A violation of a section of this article 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 each offense. Each section that is violated shall constitute a separate offense and
each day that a violation continues shall constitute a separate offense.
Fees.
A.A fee in an amount to be determined by resolution of the Town/Village Board.
B.Fees for services provided by site inspectors, engineers, planners, attorneys and outside agencies
in an amount determined by the Town/Village Board as sufficient to defray the estimated costs of
such services rendered to the Town/Village in connection with the application. The applicant
shall deposit with the Town/Village Clerk the amount estimated to reimburse the Town/Village
for such costs. Any amount remaining after payment for services rendered shall be returned to
the applicant upon final approval or upon withdrawal if the application is withdrawn.
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