Muttontown City Zoning Code
ARTICLE XII
Slopelands
§ 190-80 Construction on slopelands.
No grading, filling, paving, removal of a tree, grass or ground cover, construction of any structure, building or underground utilities shall be permitted on slopelands unless a slopelands use permit ("slopelands permit") shall have been issued by the Planning Board.
§ 190-81 Application.
Application for such slopelands permit shall be submitted with the following:
A.
A topographical survey of the property showing existing contours with vertical intervals of no more than two feet; the location and extent of any slopelands marked as steep slope or very steep slope; the location of any existing buildings, structures, driveways and utilities of the site; existing easements and rights-of-way; the present use of land and structures; the specific type, size and location of trees with a circumference of 24 or more inches measured at a height four feet above ground level; and any other existing features or characteristics of the site which are required by the Planning Board.
B.
A construction plan for the proposed site showing proposed construction, including building and driveway locations, parking areas, landscaping, grading, drainage, utilities and other planned site uses and improvements as the Planning Board shall require in accordance with Village site plan requirements.
C.
Specific design and construction procedures to mitigate the potential impact of the proposed site development on the slopelands both during and after construction. This shall include, but not be limited to, erosion control measures and site restoration and planting plans.
D.
An application fee in an amount as established by resolution of the Board of Trustees.
§ 190-82 Standards.
In reviewing an application for a slopelands permit, the Planning Board shall consider the following:
A.
The proposed location for the requested activity is an appropriate location on the lot taking into consideration lot shape, topography and other lot features, and impact on the surrounding properties. For very steep slopes, no activities are permitted except as necessary to provide basic improvements to the property or residence, such as a driveway or utility connection, where no other available location exists;
B.
The activity or construction proposed is necessary and the minimum allowable for the reasonable use of the land;
C.
All feasible construction standards and precautions are or will be taken to ensure that the resulting adverse impacts will be mitigated and minimized, including, but not limited to, the implementation of erosion control measures, and the use of retaining walls to limit site disturbance and to save trees;
D.
The proposed action is in full compliance with all other applicable requirements of the Village, town, county, state and federal agencies; and
E.
Appropriate conditions are imposed to a degree as determined by the Planning Board to comply with the intent of this Code.
§ 190-83 Determination.
The Planning Board shall only approve those applications where it determines that the proposed development of activity on the slopelands is in compliance with the provisions and intent of this chapter and will not have a significant adverse impact on the slopelands, the site, the surrounding properties and the Village. The Planning Board shall attach such conditions to its approval as it may determine necessary to ensure compliance with these standards and requirements and its determination.