Cornwall On Hudson City Zoning Code
ARTICLE IV
Steep Slope and Soils Preservation
[Added 7-16-1993 by L.L. No. 2-1993[1]]
[1]
Editor's Note: This local law also repealed former Art. IV, Soils and Hillside Preservation, as amended.
§ 172-12 Intent; compliance required.
It is the intent of this Article not to preclude development but to ensure that development and uses in all Village zoning districts fit the topography, soils, geology, hydrology and other conditions existing within these areas of the Village.
A.
Steep slopes protection. It is declared to be the intent of the Village of Cornwall-on-Hudson to preserve steep slopes to the greatest extent practicable and to regulate their use to protect the public interest by ensuring the maximization of benefits found to be provided by the preservation of steep slopes and by ensuring the minimization of detrimental effects through the practice of properly managed disturbance of steep slopes.
B.
All applications for subdivision, site plan or building permit approval shall be subject to the within requirements.
§ 172-12.1 Legislative findings.
The Board of Trustees of the Village of Cornwall-on-Hudson makes the following findings regarding steep slopes, as defined below, of the Village:
A.
Steep slopes in Cornwall-on-Hudson are environmentally sensitive land forms and valuable natural resources which are of benefit to the entire Village and the surrounding region. The environmental sensitivity of steep slopes often results from such features as 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 Village. The establishment of regulatory and conservational practices in this critical area are needed to protect the public health, safety and general welfare. Experience has demonstrated that effective protection of steep slopes requires preservation, wherever possible, and careful review and regulation, including stringent mitigating measures, of disturbance of soil and vegetation on steep slopes where they have to be disturbed.
C.
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, obstruction of drainage structures and intensification of flooding.
D.
The inadequately controlled disturbance of certain steep slopes can lead to the failure of slopes and the mass movement of earth; damage to natural environment, man-made structures and personal safety; and the degradation of aesthetics.
E.
Steep slopes, including vegetation and rock cliffs, are an important environmental and aesthetic feature that contribute to the character of the Village of Cornwall-on-Hudson. Overdevelopment or improperly managed disturbance are detrimental to the character of the Village.
F.
Regulation of steep slopes is consistent with the legitimate interests 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 engineering practices to permit reasonable use of private property.
§ 172-13 Policies for evaluating land use applications.
In order to implement the intent of this Article, the following policies shall be utilized in evaluating an application for a subdivision site plan and building permit:
A.
Review objective.
(1)
Every effort shall be made to maintain the beauty of the landscape, to avoid degradation of the environment and to allow reasonable and practicable use of a property.
(2)
Every effort shall be made to seek the permanent preservation of steep slopes by such means as the use of imaginative and innovative site design.
B.
Approval standards. Where a proposed disturbance cannot be avoided so that reasonable use of a property may occur, such disturbance shall be minimized and shall be in accordance with the standards set forth herein.
§ 172-14 Density formula.
Where up to 25% of the total gross area of the parcel to be developed consists of land with slopes equal to or greater than 25%, 1/2 of the total of the land with slopes equal to or greater than 25% shall be subtracted from the total gross area. Where more than 25% of the total parcel to be developed consists of land with slopes equal to or greater than 25%, 1/2 of 25% of the total gross area, together with the amount of land with slopes equal to or greater than 25% in excess of the initial 25% of the total gross area, shall be subtracted to determine the adjusted gross buildable area to compute the maximum number of dwelling units or building lots permitted.
§ 172-14.1 Criteria for development.
A.
Criteria for Planning Board approvals.
(1)
Before the approval of the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval of an entirely or partially undeveloped plat already filed in the office of the Clerk of the County, the Planning Board shall require that the land shown on the plat be of such character that minimum criteria have been met. Each lot, block or site shall demonstrate the following capabilities:
(a)
A minimum potential buildable area of at least 3,500 contiguous square feet having a minimum dimension in all directions of 50 feet. For purposes of this Article, "potential buildable area" shall mean an area which is exclusive of lands proposed for a sewage disposal system in accordance with regulations established by the Orange County Department of Health and be free of steep slopes as defined in § 172-70.
(b)
A proposed access corridor within the proposed subdivision of which no part of said corridor contains any Class III steep slopes as defined in § 172-70.
(2)
Whenever the preparation of a conventional subdivision plan is required so as to establish a dwelling unit lot count, as in a conservation subdivision under provisions of § 7-738 of the Village Law, such plan shall be prepared in accordance with the above requirements.
B.
Criteria for lots or sites created not requiring Planning Board approval. Each lot or site not requiring approval from the Planning Board shall be subject to the provisions of this Article.
C.
Criteria for building permit approval. Prior to approval of a building permit on any lot or site created, the Code Enforcement Officer shall find that the following minimum criteria have been met:
(1)
On Class I (moderately steep) slopes:
(a)
Land disturbance shall be restricted up to a maximum of 25% of existing ground areas.
(b)
Land disturbance shall not take place within 100 feet of a watercourse or wetland.
(2)
On Class II (very steep) slopes:
(a)
Land disturbance shall be restricted to existing ground areas only as needed for roads and driveways.
(b)
Land disturbance shall not take place within 100 feet of a watercourse or wetland.
(3)
On Class III (extremely steep) slopes, land disturbance shall be restricted to existing ground areas only as needed for footpaths and essential utility corridors.
(4)
Within steep slope buffer zones, land disturbance shall be restricted to cutting existing vegetation having a diameter of less than eight inches at breast height.
§ 172-14.2 Standards for disturbance.
A.
In denying, granting or granting with modifications any application, the reviewing agency shall require consistency of the proposed activity with this Article, and the standards set forth below.
B.
Where the reviewing agency finds that because of the special circumstances of a particular case, strict compliance with the following standards is not practicable, the reviewing agency may adjust the standards so that substantial justice may be done and the public interest secured, provided that such adjustment will not have the effect of nullifying the intent and purpose of these regulations. In granting any adjustment, the reviewing agency shall attach such conditions as are, in its judgment, necessary to substantially secure the objectives of the standards or requirements so adjusted.
C.
Disturbance of steep slopes shall be consistent with the current understanding of good architecture, design, landscape architecture and civil engineering such that, to the maximum extent possible:
(1)
The planning, design and development of building design shall provide the maximum in structural safety and human enjoyment while adapting the building site to and taking advantage of the best use of the natural terrain.
(2)
The padding or terracing of building sites, including the mounding of septic tile fields, shall be minimized so that the site conforms to the natural contours of the land.
(3)
Roads and driveways shall follow natural topography, minimize regrading and comply with the design standards for maximum grade.
(4)
The natural elevations and vegetative cover of ridge lines shall be disturbed only if the crest of the ridge and the tree line at the ridge remains uninterrupted by positioning buildings and areas of disturbance below the ridge line.
(5)
Any regrading shall blend in with the natural contours and undulations of the land.
(6)
Cuts and fills shall be rounded off to eliminate sharp angles at the top, bottom and sides of regraded slopes.
(7)
The angle of cut-and-fill slopes shall not exceed the natural angle of repose of the soil or rock materials in the cut or fill, except where retaining walls or other structural stabilization is used. Generally for soils, cut-and-fill slopes shall be no steeper than two horizontal to one vertical [50% slope].
(8)
Fill slopes shall not be located on natural slopes of two horizontal to one vertical [50% slope] or steeper or where the fill slope bottoms out within 12 feet horizontally of the top of an existing or proposed cut slope.
(9)
Tops and bottoms of cut-and-fill slopes shall be set back from existing and proposed property boundaries a distance of three feet, plus 1/5 of the height of the cut or fill, but need not exceed a horizontal distance of 10 feet.
(10)
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-and-fill slopes. Generally, such distance shall be considered to be six feet, plus 1/5 the height of the cut or fill, but need not exceed 30 feet. 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.
(11)
Disturbance of rock outcrops shall be 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 by a person holding a current Class A or Class B certificate of competence from the New York State Department of Labor.
(12)
Disturbance of steep slopes shall be undertaken in workable units in which the disturbance can be completed within one construction season so that areas are not left bare and exposed during the winter and spring thaw periods.
(13)
Disturbance of existing vegetative ground cover shall not take place more than 15 days prior to grading and construction.
(14)
Temporary soil stabilization must be applied to an area of disturbance within two days of establishing the final grade and permanent stabilization within 15 days.
(15)
Soil stabilization must be applied within two days of disturbance if the final grade is not expected to be established within 60 days.
(16)
Measures for the control of erosion and sedimentation shall be undertaken consistent with the Orange County Soil Conservation Commission's Practices Manual or its equivalent satisfactory to the Planning Board.
(17)
All proposed disturbance of steep slopes shall be undertaken consistent with the soils limitations ratings contained in the Orange County soil survey, as prepared by the Orange County Soil and Water Conservation Commission, in terms of recognition of limitations of soils on steep slopes to development and application of all mitigating measures and as deemed necessary by the Planning Board.
(18)
Topsoil shall be stripped from all areas of disturbance, stockpiled in a manner to minimize erosion and sedimentation and replaced elsewhere on the site at the time of final grading.
(19)
No rubbish, organic frozen, or soft compressible material or rock with a diameter that will not allow appropriate compaction or cover by topsoil shall be used as fill material.
(20)
Compaction of fill materials in fill areas shall be such as to ensure support of proposed structures and stabilization for intended uses.
(21)
Sanitary sewage disposal systems shall be prohibited on Class II and Class III steep slopes.
(22)
Prior to, during and after site preparation and construction, an integrated drainage system shall be provided which at all times minimizes erosion, sediment, hazards of slope instability and adverse effects on neighboring property owners.
(23)
The natural drainage system shall generally be preserved in preference to modifications of this system, except where such modifications are necessary to reduce levels of erosion and sediment and adverse effects on neighboring property owners.
(24)
All drainage systems shall be designed to handle adequately anticipated flows, both within the site and from the entire upstream drainage basin, so as to achieve no net increase in peak rate runoff from the site.
(25)
Sufficient grades and drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed within the site plans, in which event there shall be sufficient water flow to maintain proposed water levels and to avoid stagnation.
(26)
There shall be provided, where necessary to minimize erosion and sediment, such measures as benches, berms, terraces, diversions and sediment, debris and retention basins; however, all site development shall conform to the natural contours of the land.
(27)
Drainage systems, plantings and other erosion or sediment control devices shall be maintained as frequently as necessary to provide adequate protection against erosion and sediment and to ensure that the free flow of water is not obstructed by the accumulation of silt, debris or other material or by structural damage.
(28)
Site preparation and construction shall not adversely affect the free flow of water by encroaching on, blocking or restricting watercourses.
§ 172-14.3 Additional information to be submitted.
A.
Simultaneously with an application for subdivision, site plan or building permit review, where required, the applicant shall submit information containing the following elements:
(1)
Location of proposed construction or area of disturbance and its relationship to property lines, easements, buildings, roads, walls, sewage disposal systems, wells and wetlands within 100 feet.
(2)
Estimated material quantities of excavation/fill.
(3)
Location and size of areas of Class II and Class III slopes, under existing and proposed conditions, in the area of proposed disturbance and within a distance of 100 feet, including the steep slope buffer zone.
(4)
Existing and proposed adjusted contours at two-foot intervals in the area of proposed disturbance and to a distance of 100 feet beyond.
(5)
Cross sections of critical slope areas.
(6)
Retaining walls, with details of construction signed and sealed by a qualified professional.
(7)
Erosion and sedimentation control plan.
(8)
Other details, including specific reports by qualified professionals on soils, geology and hydrology, as may be determined to be necessary, including:
(a)
Other geological characteristics of the area proposed for development. The report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development and opinions and recommendations of the adequacy of the area to be developed.
(b)
Other hydrological characteristics of the area proposed for development. The report shall include an adequate description of the hydrology of the site, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development and opinions and recommendations of the adequacy of the area to be developed.
(c)
Revegetation plan, which shall include a complete description of the existing trees and vegetation, the trees and vegetation to be removed and method of disposal, the trees and vegetation to be planted and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects on slope stability, soil erosion, water quality and fish and wildlife.
B.
For sanitary sewer disposal systems ("SSDS") on Class I (moderately steep) slopes, the following information must be included in mandatory on-site soils investigation:
(1)
Deep test pit observations downslope from the proposed system, to check for the presence of ledge outcroppings, springs or groundwater seepage which may indicate horizontal movement of groundwater.
(2)
Documentation of the texture of the soil and whether any impermeable layers (i.e., clay, hard pan) or soil mottling, indicating seasonable high groundwater, are present.
(3)
The renovation capacity of the soils.
(4)
Evidence of ownership or control of the zone of influence of the SSDS.
§ 172-14.4 Required performance bond or cash deposit.
As a condition of approval and compliance with the intent and purposes of this section, the applicant shall be required to file with the Village a performance bond, secured by a letter of credit, and/or cash deposit sufficient to cover the full cost of improvements and treatment required by this Article, as estimated by the Village Engineer. The amount and period of said bond and/or cash deposit shall be determined by the Planning Board, and the form, sufficiency and manner of execution shall be subject to the approval of the Village Board of Trustees. No more than one performance bond needs to be posted in order to fulfill the requirements of this provision or as otherwise required under other provisions of this chapter or of Chapter 139, Subdivision of Land.
§ 172-15 Existing or prior development or improvements.
The provisions of this Article shall not apply to any development, alteration or improvement of property for which final approval shall have been obtained and not expired and the approved work not completed prior to the effective date of this Article. As used in this section, the term "final approval" shall mean:
A.
In the case of the subdivision of land, either conditional approval of a final plat as the term is defined in the Village Law or, pursuant to the State Environmental Quality Review Act,[1] the adoption of a negative declaration or acceptance of a draft environmental impact statement.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B.
In the case of a site plan not involving the subdivision of land, adoption by the Planning Board of a resolution granting approval or, pursuant to the State Environmental Quality Review Act, the adoption of a negative declaration or acceptance of a draft environmental impact statement.
C.
In those cases not covered by Subsection A or B above, the issuance of a building permit or other authorization for the commencement of the development, alteration or improvement of property or for those developments, alterations or improvements for which the Village of Cornwall-on-Hudson does not require such permits, the actual commencement of the development, alteration or improvement of property.
§ 172-16 Review by other agencies.
The Village Engineer, Soil Conservation Service and any other agency deemed necessary by the reviewing agency to evaluate the proposal shall review and submit recommendations during the course of application review.