Ardsley City Zoning Code
ARTICLE X
Environmental Protection
§ 200-92 Legislative intent.
The Village Board of Trustees of the Village of Ardsley hereby finds and declares it to be the public policy of the Village of Ardsley to preserve its wetlands (including water bodies and watercourses), its steep slopes and its trees, so as to protect both the environment and the aesthetic character of the Village. The following specific purposes and findings are related to each of these areas of environmental concern:
A.
Wetlands.
(1)
Population growth has produced increasing demands upon the Village's land and natural resources. The resulting development is encroaching upon, despoiling, polluting and/or eliminating some of the Village's wetlands, water bodies, watercourses and other natural resources, including the natural processes associated therewith. The Village Board finds that it is necessary to preserve, protect and conserve Ardsley's wetlands, including water bodies and watercourses, so as to prevent their despoliation and destruction, and to regulate the use and development thereof. The preservation and maintenance of such natural features in an undisturbed condition is important for physical, ecological, social, aesthetic, recreational and economic reasons related to promoting the health, safety and general welfare of present and future residents of the Village, and of downstream drainage areas. In particular, wetlands serve multiple functions, including, but not limited to, the following:
(a)
Protecting water resources by providing sources of surface water, recharging groundwater and aquifers, serving as chemical and biological oxidation basins and functioning as settling basins for naturally occurring sedimentation.
(b)
Controlling flooding and stormwater runoff by storing or regulating natural flows.
(c)
Providing nesting, migratory and wintering habitats for diverse wildlife species, including many on the New York State and federal Endangered Species lists.
(d)
Supporting vegetative associations specifically adapted for survival in low-oxygen environments.
(e)
Providing areas of unusually high plant productivity which support significant wildlife diversity and abundance.
(f)
Providing breeding and spawning grounds, nursery habitat and food for various species of fish.
(g)
Serving as nutrient traps for nitrogen and phosphorus and filters for surface water pollutants.
(h)
Helping to maintain biospheric stability by supporting particularly efficient photosynthesizers capable of producing significant amounts of oxygen and supporting bacteria that process excess nitrates and nitrogenous pollutants and return them to the atmosphere as inert nitrogen gas.
(i)
Providing open space and visual relief from development.
(j)
Serving as outdoor laboratories and living classrooms for the study and appreciation of natural history, ecology and biology.
(2)
Some of these important natural resources have been lost or their function impaired by having been drained, dredged, filled, excavated, built upon, or polluted or by other actions which are inconsistent with their proper protection. Remaining wetlands, water bodies and watercourses are in similar jeopardy. It is the intent of this article to promote the public purposes identified in this section by providing for the protection, preservation, proper maintenance and use of the Village's wetlands, water bodies and watercourses; by preventing or minimizing erosion caused by stormwater runoff and flooding; by maintaining natural groundwater supplies; by preserving and protecting the purity, utility, water retention capability, ecological functions, recreational usefulness and natural beauty of all wetlands, water bodies, watercourses and other related features of the terrain; and by providing and protecting appropriate habitats for natural wildlife. The avoidance or minimization of development on wetlands or wetland buffers will also require appropriate adjustment of development density to achieve the stated purpose.
B.
Steep slopes.
(1)
Population growth and increased land values have resulted in the development of steep slope areas which were once considered to be unbuildable or prohibitively expensive to develop. The Village Board hereby finds that it is necessary to preserve, protect and conserve Ardsley's steep slope areas so as to prevent their unnecessary and improper disturbance with the resultant impact which that may have upon the public health, safety and general welfare. The preservation of such areas in an undisturbed condition is important for physical, ecological, social, aesthetic, recreational and economic reasons related to promoting and protecting the health, safety and general welfare of present and future residents of the Village and surrounding areas. The Village Board finds that it is particularly important to preserve steep slopes for the following reasons, among others:
(a)
The improperly managed disturbance of steep slopes can cause erosion and sedimentation to occur at rates in excess of those experienced under normal conditions. Erosion and sedimentation often includes the loss of topsoil (a valuable natural resource), and can result in the disturbance of natural habitats, the degradation of the quality of surface water, the alteration of drainage patterns, the gullying of land, the obstruction of drainage structures and the intensification of flooding, both on and off the subject site.
(b)
The inadequately or uncontrolled disturbance of steep slopes can lead to the failure of slopes and the mass movement of earth which creates safety concerns for persons, wildlife and man-made structures.
(c)
Sleep slopes, including vegetation and rock outcroppings located thereon, contribute to the attractive visual character of the Village and surrounding areas since such slopes are more highly visible from roadways and neighboring properties than are more level lands.
(2)
Regulation of development on steep slopes can eliminate, or at least minimize, the degradation of these important environmental features while still allowing the reasonable use of private property. This can be done by encouraging flexible development design which seeks to avoid the disturbance of steep slopes or, where that is impractical, requires that any such disturbance be conducted in accordance with acceptable engineering practices. The avoidance or minimization of development on steep slope areas will also require appropriate adjustment of development density to achieve the stated purpose.
C.
Trees. Population growth and changing lifestyles have resulted in increasing demands for the clearance of trees to provide space for various forms of human activity, including roadways, driveways, parking areas, buildings, patios, decks, swimming pools, and other such uses. The Village Board hereby finds that the preservation of trees is necessary to protect the health, safety and general welfare of the Village because trees provide shade, impede soil erosion, aid water absorption and water retention in the soil, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier to noise and glare, provide a natural habitat for wildlife, provide screening, enhance property values and add to the general aesthetic quality of Ardsley. In particular, trees benefit the community in the following specific ways, among others:
(1)
By providing shade and cooling the air, ground and buildings.
(2)
By reducing wind, thereby resulting in greater energy efficiency for the heating of buildings during winter.
(3)
By reducing noise levels and glare.
(4)
By reducing soil erosion, especially on slopes.
(5)
By reducing stormwater runoff and the possibility of flooding.
(6)
By balancing the oxygen in the air by removing carbon dioxide.
(7)
By reducing air, soil and water pollution.
(8)
By providing habitat for wildlife.
(9)
By buffering views of man-made structures, thereby helping to maintain the attractive character of the Village.
(10)
By enhancing property values.
§ 200-93 Regulations.
The regulations established in this section shall apply to any proposed regulated activity affecting wetlands, watercourses, water bodies, steep slopes and trees in the Village of Ardsley, as defined in § 200-2, for which a permit or other final development approval has not been issued prior to the effective date of these regulations.
A.
Regulated activities. The following are regulated activities with regard to the respective environmental features, as set forth below:
(1)
Wetlands, water bodies and watercourses. Within any wetland, water body or watercourse, and within a twenty-five-foot horizontal buffer area thereof, none of the following activities shall be permitted without a permit from the Village of Ardsley Planning Board pursuant to the standards, procedures and requirements of § 200-93C hereof:
(a)
The placement or construction of any structure.
(b)
Any form of draining, dredging, excavation or removal of material, either directly or indirectly, including regrading.
(c)
Any form of dumping, filling or depositing of material, either directly or indirectly, including regrading.
(d)
The installation of any service lines or cable conduits.
(e)
The alteration or modification of natural drainage patterns.
(f)
The construction of dams, docks or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics.
(g)
The installation of any pipes or wells.
(h)
The removal or cutting of any vegetation, except as permitted by right below.
(i)
The deposition or introduction of chemicals, including herbicides, pesticides and fertilizers, except in a wetlands buffer area and in accordance with manufacturers' recommendations and accepted horticultural practices.
(j)
Decorative landscaping or planting, except in a wetlands buffer.
(k)
Any other activity that may impair the natural functions of a wetland, water body or watercourse, as described herein.
(2)
Steep slopes. Within any steep slope area, as defined herein, no disturbance of the land or any vegetation thereon, other than an activity permitted by right as set forth below, shall be permitted without a permit from the Village of Ardsley Planning Board pursuant to the standards, procedures and requirements of § 200-93C hereof.
B.
Activities permitted by right. The following activities are permitted by right with regard to the respective environmental features, as set forth below:
(1)
Wetlands, water bodies and watercourses. Within any wetland, water body or watercourse, and within the twenty-five-foot buffer area thereof, the following activities shall be permitted by right:
(a)
The removal of the natural products of wetlands by recreational or commercial fishing, shell fishing, aquiculture, hunting or trapping, where otherwise legally permitted.
(b)
Outdoor recreational activity that does not materially alter the natural state of the land or require construction, including nature study, hiking, swimming, and boating, where otherwise legally permitted.
(c)
Normal ground maintenance, including mowing, trimming of vegetation and removal of dead or diseased vegetation, except for the use of fertilizers, pesticides or herbicides in wetlands, water bodies or watercourses.
(d)
The repair of existing driveways, walkways or walls.
(e)
The operation and maintenance of such dams, retaining walls, terraces, sluices, culverts or other water control structures or devices as legally in existence on the effective date of these regulations.
(f)
Selective trimming and pruning in previously landscaped areas as necessary to improve the health or appearance of vegetation within 50 feet of a residence in existence on the effective date of these regulations.
(g)
Public health activities pursuant to any order of the Westchester County Department of Health or the New York State Department of Health.
(h)
Any emergency activity that is immediately necessary for the protection and/or preservation of life or property.
(2)
Steep slopes. Within any steep slope area, the following activities shall be permitted by right:
(a)
Normal ground maintenance, including mowing, trimming and pruning of vegetation, and removal or dead or diseased vegetation, provided that such activity does not involve any regrading or other disturbance of the land, and further provided that any such activity conforms with all other applicable ordinances, laws and regulations.
(b)
The disturbance to steep slope areas under temporary emergency conditions, as determined by the Village Building Inspector, where such disturbance is necessary to protect persons or property from present or imminent danger.
C.
Standards, procedures and requirements.
(1)
Approving authority. The approving authority for all applications for wetland or steep slope permits shall be the Village of Ardsley Planning Board.
(2)
Application. All applications for wetland or steep slope permits shall include at least the following information, unless waived by the approving authority:
(a)
The name, address and signature of the property owner and applicant, if different.
(b)
The street address and tax map designation of the property.
(c)
A statement that both the property owner and the applicant, if different, will indemnify and hold harmless the Village of Ardsley and its representatives against any damage or injury to any person or property in connection with the issuance of the requested permit.
(d)
A written statement describing the proposed work, the purpose thereof, and why such work cannot be done on a portion of the property which would not impact, or would impact to a lesser extent, any of the environmental features sought to be protected by these regulations, i.e., wetlands, water bodies, watercourses, steep slopes and frees.
(e)
A site plan, drawn at a scale of not less than one inch equals 20 feet, prepared and sealed by a professional engineer, landscape architect, architect, surveyor or other properly qualified person, showing the following information, as appropriate:
[1]
Wetlands permit. A site plan submitted as part of an application for disturbance of any wetland, water body, watercourse or wetland buffer area shall contain at least the following information, unless waived by the Planning Board:
[a]
The location of all wetlands, watercourses, water bodies and floodplains, including wetland buffer areas, as delineated by a properly qualified individual no earlier than one year prior to the date of filing the application. The boundaries of any such area shall be flagged in the field and surveyed by a properly qualified individual in a manner acceptable to the Planning Board.
[b]
The delineation of all soil types on the site.
[c]
The specific location of the proposed area of disturbance and the specifications and quantities of all material proposed to be added or removed from the site, as well as the procedures to be used to undertake such work.
[d]
Existing and proposed contours at a maximum vertical interval of two feet within the proposed disturbed area and extending to a distance of at least 50 feet beyond such area.
[e]
Details of any temporary or permanent drainage system proposed both for the conduct of the work and after completion thereof, including locations of any point discharges, artificial inlets or other human-made conveyances that would discharge into any wetland, watercourse, water body, floodplain or buffer area.
[f]
Where creation of a water body is proposed, details of the construction of any dams, embankments, outlets or other water control devices and analysis of the wetlands hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions.
[g]
Where creation of a detention basin is proposed, with or without excavation, details of the construction of any dam, berm, embankment, outlet or other water control devices and an analysis of the wetlands hydrologic system, including seasonal water fluctuation, inflow/outflow calculations and subsurface soil, geology and groundwater conditions.
[h]
An erosion and sedimentation control plan.
[2]
Steep slope permit.
[a]
A site plan submitted as part of an application for disturbance of any steep slope shall contain at least the following information, unless waived by the Planning Board:
[i]
The location of all areas of existing steep slope on the property.
[ii]
Existing soils within the proposed area of disturbance and extending at least 50 feet therefrom.
[iii]
Existing topography within the proposed area of disturbance and extending at least 50 feet therefrom, including contours at a vertical interval of not more than two feet.
[iv]
Proposed final contours of the entire area to be disturbed and within a distance of 50 feet therefrom, including proposed surface materials and/or other treatment.
[v]
The details of any proposed surface or subsurface drainage system to be installed, including any special measures designed to provide for proper surface and/or subsurface drainage, both during the performance of the work and after its completion.
[vi]
An erosion and sedimentation control plan.
[b]
If the Planning Board determines that the extent or nature of the proposed slope disturbance will be extensive or that blasting may be involved, it may require such other additional information, including reports by qualified professionals, as may be determined necessary by said Board. This required additional information may include, among other things, cross sections of all proposed disturbed areas, depth to bedrock information, a cut and fill analysis, a blasting plan, and other such technical studies or in formation.
(3)
Public hearing. After the Planning Board has determined that an application for a wetland, watercourse, water body or steep slope permit is complete, it shall schedule a public hearing with not less than seven days' notice published in the official Village newspaper and a copy of the notice mailed to all property owners of record within a distance of 200 feet from the boundary of the subject property. Such notice shall be mailed by certified mail, return receipt requested. The mailing shall be the responsibility of the applicant. At the public hearing, the applicant shall provide appropriate proof of the mailing of such notices, including an affidavit of their mailing and all returned receipts.
[Amended 11-21-2005 by L.L. No. 6-2005]
(4)
Professional review fees. In addition to any application fees as required pursuant to Chapter A210 of the Ardsley Village Code, the Planning Board, in reviewing any application pursuant to this section, may refer such application to any independent professional as said Board may deem reasonably necessary to properly advise it on technical matters relating to such application. The applicant shall be responsible for reimbursing the Village for the cost of such professional review upon submission of a copy of the voucher or, at the discretion of the Planning Board, by establishing an escrow account in advance of the consideration of the application and/or retention of the outside professional by the Planning Board. The payment of such fees shall be in addition to any and all other fees required by this chapter or any other Village law, ordinance or regulation.
D.
Planning Board decision. Within a maximum of 30 days from the date of the close of the public hearing, unless such time period is extended with the consent of the applicant, the Planning Board shall render a decision either to approve, approve with required modifications or disapprove the permit application. Whatever decision is made shall constitute a final determination of the Planning Board. Aggrieved parties may seek relief pursuant to Article 78 of the Civil Practice Laws and Rules of the State of New York. In arriving at its decision, the Planning Board shall consider the following:
(1)
The extent to which the proposed action, including any mitigation which is offered, is consistent with the legislative intent of the Village Board of the Village of Ardsley as set forth in this Chapter and is necessary in order to make any minimally reasonable use of the property, not the maximum use.
(2)
All evidence offered at the public hearing.
(3)
All reports submitted by any Village, county, state or federal agency or by any expert retained by the Planning Board.
(4)
All relevant facts and circumstances, including, but not limited to, the following:
(a)
The environmental impact of the proposed action.
(b)
The suitability of the proposed action for the area where it is proposed.
(c)
Alternatives to the proposed action which would eliminate the need for the requested permit or would reduce the potential impact of the requested action.
(d)
The nature and extent of any mitigation proposed by the applicant.
(e)
Other mitigation which would serve to further reduce any potential adverse environmental impacts, including a reduction in the nature or scale of the proposed action.
(f)
The extent to which any economic or social benefits of the proposed action may outweigh any potential adverse visual or environmental impacts.
E.
Term. Any permit issued pursuant to this section shall be valid for a period not to exceed one year from the date of approval, unless otherwise specified by the Planning Board. All permits shall expire upon completion of the work specified therein.
F.
Inspection. The property upon which the activity has been approved shall be open to inspection at any reasonable time, including weekends and holidays, by the Village Building Inspector or other designated representative of the Planning Board. The applicant, by having made application for such a permit, shall be deemed to have given its consent to such inspection. A notice of violation or stop-work order shall be issued if it is found that the applicant has not complied with any of the conditions or limitations as set forth in the permit or has exceeded the scope of the approved activity.
G.
Continued conformance required. Continued conformance with all requirements as shown on an approved plan for the disturbance of a wetland or steep slope shall be deemed to be a condition for the continued maintenance of the certificate of occupancy for the affected property. Any violation of a condition of approval shall be subject to the imposition of penalties as set forth in Subsection H below.
H.
Penalties.
(1)
Any person or corporation committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine not less than $250 and not more than $2,000 for the first offense in a twenty-four-month period, not less than $500 and not more than $2,000 for the second offense in a twenty-four-month period, not less than $750 and not more than $2,000 for the third offense in a twenty-four-month period, and not less than $1,000 and not more than $2,000 for the fourth and subsequent offenses in a twenty-four-month period, or to imprisonment for a term not exceeding 15 days, or both. The twenty-four-month period shall commence on the date of the initial violation. Every violation of this article shall be a separate and distinct offense, and, in the case of continued violation, every day's continuance thereof shall be deemed to be a separate and distinct offense. A violation of this article shall constitute disorderly conduct.
[Amended 10-18-2010 by L.L. No. 6-2010]
(2)
In addition to the above penalties, the Village shall not issue any building permit, certificate of occupancy or temporary certificate of occupancy for any property for which a notice of violation of these regulations has been served until said violation shall have been resolved to the satisfaction of the approving authority or the court, as appropriate.