§ 102-1. Legislative intent.
§ 102-2. Definitions.
§ 102-3. Applicability.
§ 102-4. Permit procedure.
§ 102-5. Penalties for offenses; corrective action.
§ 102-6. Effect on existing operations or construction.
§ 102-7. Other approvals deemed a permit.
§ 102-8. Severability.
§ 102-9. When effective.

[HISTORY: Adopted by the Town Board of the Town of Bedford 11-21-1989. Amendments noted where applicable.]

GENERAL REFERENCES

Flood damage prevention-See Ch. 62.
Wetlands-See Ch. 122.
Subdivision of land-See Ch. 107.
Zoning-See Ch. 125.

§ 102-1. Legislative intent.

For the purpose of protecting the general health, safety and welfare by maintaining and protecting the natural terrain and vegetation features; providing safe building sites by preventing surface erosion, creep and sudden slope failure, protecting important scenic views and vistas; preserving waterways, open bodies of water and wetlands; preventing flooding; and preserving areas of wildlife habitat, it is the intent of this chapter to control construction on steep slopes. Toward this end, wherever possible, new construction shall avoid disturbing such areas and the existing vegetation thereon

§ 102-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DISTURBANCE-Land preparation, such as clearing, grading and filling, or the building of structures, including driveways.

STEEP SLOPES--Ground areas with a minimum slope of twenty-five percent (25%) or greater, with a minimum area of one hundred (100) square feet and a minimum horizontal distance of ten (10) feet.

TOWN ENGINEER- A professional engineer licensed by the State of New York working as an employee or consultant for the Town of Bedford.

§ 102-3. Applicability.

A. Regulated activities. It shall be unlawful to create any disturbance, other than an exempt activity as set forth in this chapter, on any steep slope located within any lot or lots in the Town of Bedford, unless and until a steep slope permit is granted by the Planning Board pursuant to the requirements of this chapter.

B. Exempt activities. The following activities on steep slopes do not require the issuance of a steep slope permit:

(1) Any planting of landscape materials which does not require disturbance of existing terrain.

(2) Emergency situations, as determined by the Town Engineer, where the disturbance of steep slopes is required to protect persons, animals or property from imminent danger.

§ 102-4. Permit procedure.

A. The Planning Board is hereby designated to administer and implement this chapter by granting or denying steep slope permits in accordance with its provisions.

B. An application for a steep slope permit shall be made on forms furnished by the Planning Board and shall include the following information:

(1) Four (4) copies of a site plan drawn at a scale of not less than one (1) inch equals thirty (30) feet, prepared by an engineer licensed by the State of New York, showing within the lot or lots containing steep slopes the following:

(a) The proposed location of major buildings, septic systems, wells and driveways.

(b) The location of the proposed area of disturbance and its relation to neighboring properties, together with buildings, roads, affected trees as defined in Chapter 112 of the Town Code, and affected wetlands as defined in Chapter 122 of the Town Code, if any, within one hundred (100) feet of the boundaries of said area. An inset map at a reduced scale may be used if requested by the Town Engineer.

(c) Existing topography of the proposed area of disturbance at a contour interval of not more than two (2) feet. Contours shall be shown for a distance of fifty (50) feet or greater beyond the limits of the proposed area of disturbance, if determined necessary by the Town Engineer, in order to fully evaluate the application.

(d) Proposed final contours and proposed surface materials or treatment at a maximum contour interval of two (2) feet.

(e) Existing topography of the area proposed to be disturbed and the entire watershed tributary to said area presented at a scale of not more than one hundred (100) feet per inch. This map shall show existing and, if required by the Town Engineer, proposed controls and diversions of upland water.

(f) Existing soils on the property, taken from field investigations by a soils scientist and classified into hydrologic soil groups. The depth to bedrock and the depth to the water table, the K-factor and soil and rock strata in all areas of disturbance shall be identified.

(g) The details of any surface or subsurface drainage system proposed to be installed, including special erosion control measures, designed to provide for proper surface or subsurface drainage, both during the performance of the work and after its completion.

(h) The cut/fill map delineating proposed areas of disturbance at affected depths in feet of zero to three (0-3), three to six (3- 6), six to ten (6-10), and ten (10) and over.

(i) Slope map showing existing and proposed slopes for each of the soil types described in Subsection B(1)(f) above.

(j) Any special reports deemed necessary by the Town Engineer to evaluate the application, including but not limited to geologic or hydrogeologic studies.

(2) A written narrative explaining the nature of the proposal, including any future development proposals for the property and whether alternative locations exist for the proposed activity.

C. Town Engineer review. The Planning Board shall refer each application for a steep slope permit to the Town Engineer, who shall submit a written report to the Planning Board. This report shall contain the following items:

(1) A recommendation on whether the submission is complete and contains sufficient information for the Planning Board to perform a proper review of the submission

(2) A recommendation of approvals disapproval or approval with conditions of the application.

(3) A recommendation as to the amount of the performance bond to be posted to guarantee completion of the work, including stabilization or restoration of the site.

D. During its review of the application, the Planning Board shall:

(1) Determine when an application is complete.

(2) Review the application to determine that the requirements of this chapter have been satisfied.

(3) Review each complete application and approve, approve with conditions or deny the application, in accordance with this chapter, within sixty (60) days of the receipt of a complete application as determined in Subsection D(1) above.

(4) Require posting of a performance bond or other security as a condition of approval, the amount of such bond or other security to be approved by the Town Board.

E. Public hearing. The Planning Board may, at its discretion, hold a public hearing on an application for a steep slope permit. If a public hearing is held, the notice and hearing requirements shall follow the requirements of §125-58B of the Code of the Town of Bedford.

F. In granting a steep slope permit, the Planning Board shall find that all of the following conditions have been met:

(1) The proposed activity is in accordance with the legislative findings listed in §102-1 of this chapter.

(2) The proposed activity is in accordance with the principles and recommendations of the Town Plan adopted by the Planning Board.

(3) The proposed activity will not result in creep, sudden slope failure or additional erosion.

(4) The proposed activity will preserve and protect existing waterways, floodplains and wetlands.

(5) The proposed activity will not adversely affect existing or proposed wells or sewage disposal systems.

(6) The proposed activity will not adversely affect any endangered species of flora or fauna.

G. After a steep slope permit is approved:

(1) All permits shall expire on completion of the work specified. Unless otherwise indicated, the approved permit shall be valid for a period of one (1) year from the date of issuance. The Planning Board may grant a six-month extension to this period.

(2) Following completion of the work, the applicant shall submit a certification by an engineer, licensed by the State of New York, that the completed work meets the requirements of the permit. The Town Engineer shall verify that the work has been completed in accordance with the permit. An as-built survey may be required to ascertain that the work was completed in accordance with the approved application.

(3) Where the activity subject to this chapter also requires a Town of Bedford building permit, the Town of Bedford Building Inspector shall not issue a certificate of compliance or occupancy until the Town Engineer verifies that all work has been completed in accordance with the permit.

(4) Any proposed revision to work covered by a steep slope permit shall be reviewed by the town engineering consultant. Where the town engineering consultant determines that a substantial revision is required, a new application to the Planning Board is required.

H. (Reserved)

(Editor's Note: Former Subsection H. Payment of taxes, added 10-5-1992, was repealed 6-7-1994.)

§ 102-S. Penalties for offenses; corrective action.

A. Any person found violating any provision of this chapter or conditions imposed by Planning Board approval shall be served with a written notice by the Building Inspector stating that nature of the violation and ordering him to cease and desist therefrom.

B. Any person, upon conviction for an offense against this chapter, shall be guilty of a violation under the Penal Law and shall be punishable by a fine of not more than five hundred dollars ($500.) or by imprisonment for not more than fifteen (15) days, or both. Further, upon conviction, any person found violating the provisions of this chapter shall be liable to the Town of Bedford for any expense, loss or damage incurred by the Town of Bedford by the reason of such violation.

C. Whenever any person shall have been notified, in writing, by the enforcement officer that he is violating the provisions of this chapter or of any permission or extension thereof issued hereunder or has been served with a summons accusing him thereof, each day he shall continue such violation after such notification or service shall constitute a separate offense punishable by a like fine or penalty as herein set forth.

D. Notwithstanding the penalties hereinabove provided, the Town of Bedford may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter or permit issued thereunder, including restoration of the disturbed area to its original condition.

E. The foregoing provisions for the enforcement of the regulation in this chapter are not exclusive but are in addition to any and all laws and regulations applicable thereto.

§ 102-6. Effect on existing operations or construction.

Any construction or operations existing within areas defined as steep slopes prior to the effective date of this chapter shall be exempt from this chapter, provided that no new construction or operation will be permitted after the effective date of this chapter except by permit as provided.

§ 102-7. Other approvals deemed a permit.

A. Approved subdivisions deemed a steep slope permit. Where the Planning Board has approved, with or without conditions, a final construction plan and final subdivision plat for a proposed subdivision, this approval shall be deemed to be a duly issued steep slope permit, provided that the following conditions have been satisfied:

(1) All of the information, review, bonding, approval and other requirements of this chapter have been met.

(2) The Planning Board may attach special conditions to the approval of the final construction plan and the final subdivision plat to ensure that the construction within steep slopes occurs as approved.

B. Approved site plans deemed a steep slope permit. Where the Planning Board has approved, with or without conditions, a final site plan for a proposed development, this approval shall be deemed to be a duly issued steep slope permit, provided that the following conditions have been satisfied:

(1) All of the mformation, review, bonding, approval and other requirements of this chapter have been met.

(2) The Planning Board may attach special conditions to the approval of the final site plan to ensure that the construction within steep slopes occurs as approved.

§ 102-8. Severability.

Should any paragraph, section or portion thereof of this chapter be declared by a court of competent jurisdiction to be invalid or unlawful, the same shall not affect the remainder of this chapter as a whole or any part thereof other than the part so declared to be invalid.

§ 102-9. When effective.

This chapter shall take effect immediately.