(1) Purpose. The purpose of regulating development on and near steep slopes is to:
(a) Promote safety in the design and construction of developments;
(b) Minimize flooding, landslides and mudslides;
(c) Minimize soil instability, erosion and downstream siltation; and
(d) Preserve the scenic character of hillside areas.
(2) Standards. No development shall be permitted on that portion of a lot having slopes equal to or greater than 25% for single-family, two-family or three-family residential development or slopes equal to or higher than 35% for any other type of land development permitted pursuant to this chapter, except for conservation measures or measures intended to remove debris which inhibits the function of a swale.
(3) Highly erodible soils. On lands having slopes of less than 25% but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted.
(4) Measurement of slopes. Slope shall be determined based on a survey indicating contour lines at two foot or smaller intervals. No excavation is permitted to achieve the standard. Where a parcel contains distinct sections of differing slope, the average slope of each section may be determined according to the following contour measurement formula:
S = 0.00229 (l x L)/A
Where
S = Average slope of area (in percent)
A = Total number of acres in area
L = Length of contour lines in scaled feet
I = Vertical distance of contour interval in feet
The applicant shall be permitted to calculate the floor area ratio on the net area of the lot, exclusive of steep slopes as defined herein, lands underwater, and floodplains or wetlands as defined by the New York State Department of Environmental Conservation.
(5) Exempt activities.
(a) Any customary landscaping, i.e., land maintenance involving tree trimming and pruning, removal of dead or diseased vegetation, lawn and garden care, and planting or laying down of landscape materials, decorative trees, shrubs and plants, not involving regrading or disturbance of existing terrain, provided that any such activities conform to all other applicable laws and regulations.
(b) Emergency situations, as determined by the Village Engineer, where the disturbance of steep slopes is required to protect persons or property from imminent danger.
