Preserving Natural Resources through
Local Environmental Laws:
A Guidebook for Local Governments
LAND USE LAW
CENTER
PACE
UNIVERSITY SCHOOL OF LAW
Financial Support for this project provided by:
Land Use Law
Center
Pace
University School of Law
78 North
Broadway
Phone: (914) 422-4262
Fax: (914) 422-4168
E-Mail:landuse@law.pace.edu
STEEP SLOPE PROTECTION
A slope is the inclination
of the land’s surface. Steep slopes are
defined as areas that exceed a certain percent slope. Steep slopes are often associated with other environmental
features such as rock outcrops, shallow soils, bedrock fractures, and
groundwater seeps. Steep slopes are valuable
resources and sensitive landforms that create microclimates where a diversity
of organisms can thrive. The natural
modification of slopes is extremely slow.
Many factors and processes including climate, geology, hydrology,
vegetation, weathering, and transport influence this process. Human activities can modify the natural slope
system in a variety of ways.
Excavations or building construction can promote instability by loading
the slope, removing vital support, and increasing pore-water pressures. Grading, cutting, and filling also modify
the natural angle of repose. The angle
of repose is “the steepest angle of a surface at which a mass of loose or
fragmented material will remain standing in a pile on a surface, rather than
sliding or crumbling away.” (inScight
Index (last visited July 9, 2001) < http://www.apnet.com/inscight/06181997/angle-o1.htm>.) Activities such as agriculture, road and
railway construction, house building, and land drainage can be regulated to
protect steep slopes.
The Town of Cortlandt Steep
Slopes Ordinance provides a sample of regulations that control development on
steep slopes. (Town of Cordtlandt, N.Y., Steep Slopes ch. 259 (1992). The
ordinance regulates activities that create any disturbance on steep slopes and
the cutting of any tree greater than four inches located on a steep slope. To conduct any of these activities a permit
must be obtained from the planning board.
In granting or denying a permit, the board must consider alterations to
trees and the slope and ensure that any disturbance will conform to certain
standards. These standards require: (1)
assurance of maximum structural safety and slope stability; (2) use of the
natural terrain; and (3) replanting of vegetation. Disturbance of ridge and tree lines, grading, cuts, fills, and
other potentially destructive actives are also regulated.
[HISTORY AND BACKGROUND: The following law “Steep Slopes” is
found in Chapter 259 of Town of Cortlandt Zoning Law.]
§ 259.1 Purpose
________________________________________________
_ Alternative Purpose:
It is the intent of the [municipality] to preserve steep slopes to the greatest
extent practicable and to regulate their use to protect the public interest by
minimizing detrimental effects of disturbance and development of these areas.
This section is intended to protect the public from the potential negative
impacts of erosion, siltation, pollution of water supplies, slope failure,
increase in downstream run-off, alteration of scenic views, and destruction of
potentially significant habitat, which may result from disturbance of steep
slopes.
- Clinton, N.Y., Zoning Law art. 5, § 5.45
________________________________________________
_ Land with a 0 to 3
percent slope is generally free of limitations. However, in areas of poorly drained soil, surface water may not
run-off; frost pockets are common characteristics of low-lying land on slight
slopes; wetlands also are usually found
in the areas of this slope category.
Areas with a 3 to 8 percent slope are normally free from most
development problems. Slopes with an 8
to 15 percent grade are typically acceptable for development. Some problems may arise as the slope
increases. Difficulties with road and
driveway construction, installation of sewage disposal facilities, storm water
run-off, soil erosion, and increased construction costs are some of the
limitations that can be overcome with careful site planning. Land areas containing a 15 to 25 percent
slope present considerable development limitations, which can be overcome only
at a great expense to developers, adjoining property owners, the
[municipality], and the environment.
Some of the problems encountered include soil erosion, malfunctioning
septic systems, increased requirements for cut-and-fill operations, and
vegetative cutting. Slopes greater than
25 percent present extremely serious problems, of the sort outlined above, for
any type of development.
________________________________________________
§ 259.2 Findings
Steep slopes and adjacent watercourses and wetlands have
been and are in jeopardy of being damaged and destroyed by unregulated filling,
excavating, building, clearing and grading, and other such acts inconsistent
with the natural conditions of steep slopes.
Steep slopes in the [municipality] are environmentally sensitive
landforms and valuable natural resources, which are of benefit to the entire
[municipality] and the surrounding region.
The environmental sensitivity of steep slopes often results from such
features as rock outcrop, shallow soils over bedrock, bedrock fractures,
groundwater seeps, watercourses, and other wetlands found on or immediately
adjacent to steep slopes.
Protection of
steep slopes is a matter of concern to the entire [municipality]. The establishment of regulatory and
conservational practices in this critical area is needed to protect the public
health, safety, and general welfare.
Experience has demonstrated that effective protection of steep slopes
requires preservation wherever possible.
Experience has further demonstrated that where steep slopes have to be
disturbed, careful review and regulation – including stringent mitigating
measures – are required.
The [municipality’s] experience with past development has
shown that improperly managed disturbances of steep slopes can aggravate
erosion and sedimentation beyond rates experienced in the natural
geomorphological processes. Erosion and
sedimentation often include the loss of topsoil, a valuable natural resource,
and can result in the disturbance of habitats, the degradation of the quality
of surface water, the silting of wetlands, the alteration of drainage patterns,
obstruction of drainage structures, and the intensification of flooding.
The [municipality’s] experience with past development has
shown that the inadequately controlled disturbance of certain steep slopes can
lead to the failure of slopes and the mass movement of earth, rockslides and
landslides, damage to the natural environment, threats to man-made structures
and personal safety, and the degradation of aesthetics.
Steep slopes, including vegetation on rock cliffs, are an
important environmental feature that contribute to the character of the
[municipality]. Overdevelopment or improperly
managed disturbance are detrimental to the character of the [municipality] and
can result in public and private expenditures for corrective measures.
Regulation of
development on 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
management and engineering practices to permit reasonable use of private
property.
Regulation of
development on steep slopes will not preclude the [municipality] from
continuing to meet its social, economic and other essential responsibilities,
particularly its responsibility to provide affordable housing. In order to ensure the availability of
affordable housing, the [municipality] has adopted many provisions in Chapter
307, Zoning and Chapter 265, Subdivision of Land, which enable the development
of a variety of housing types to meet the needs of [municipality] residents for
affordable housing. These provisions
allow the renting of rooms within homes and the development of accessory
apartments, two-family and multifamily dwellings, boardinghouses and housing
for senior citizens. The
[municipality's] master plan recommends additional measures to promote
affordable housing, such as the development of new villages or hamlets and
senior citizen complexes in which affordable housing would be required. Real estate sales data shows that housing
prices in the [municipality] are among the lowest in Westchester County, indicating
that the [municipality] has been successful in meeting its responsibility to
provide affordable housing. Several
moderately priced townhouse developments have been approved pursuant to § 278
of the New York State Town law.
Further, the [municipality’s] commitment to promoting affordable housing
in suitable areas is demonstrated by the [municipality’s] endorsement of and
cooperation with state and county funding agencies in the approval of
Hollowbrook Ridge Townhouses, which are priced below market.
These regulations are enacted with the intent of
providing reasonable balance between the rights of the individual property
owner to the fair use of his property and the rights of present and future
generations. Therefore, this chapter
recognizes the rights of owners of property exhibiting steep slopes to use
their property for reasonable purposes consistent with other regulations and
controls, provided that such use, in the judgment of the appropriate agencies
or officials of the [municipality], does not result in a significant loss or
degradation of steep slopes or a loss of visual or open space benefits which
steep slopes have been found to provide.
It is declared to be the intent of the [municipality] to
preserve steep slopes to the greatest extent practicable and to regulate their
use within the [municipality] to protect the public interest by ensuring the
maximization of benefit 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 as set forth in §
259.4.
§ 259-3 Definitions
As used in this chapter, the
following terms shall have the meanings indicated:
Customary Landscaping - Land maintenance involving tree trimming and
pruning, the removal of dead and or diseased vegetation, lawn and garden care
and the planting of decorative trees, shrubs, and plants.
Disturbance - Excavation or fill or any combination thereof and shall include the
conditions resulting from any excavation or fill.
Excavation - Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced or spread.
Fill-
Any act by which earth, sand, gravel, rock, or any other material is deposited,
placed, replaced, dumped, transported, or moved by person or persons to a new
location.
Steep Slopes - Ground areas with a slope greater than fifteen percent (15%) with a
minimum area of five hundred (500) square feet which possesses one (1)
dimension of a minimum of ten (10) feet.
Measurements shall be made along a horizontal plane.
______________________________________________________________________________
_ Additional definitions from other steep slope ordinances
Angle of repose- The maximum angle at which the exposed face of various soil and rock
minerals can deviate from the horizontal without incurring the likelihood of a
slope failure.
Applicant - A person requesting a steep slope permit from the [municipality] in
accordance with the provisions of this chapter.
Approving authority - The municipal agency or public official empowered to administer the
permit procedures of this chapter.
Clearing - Any activity which removes or significantly disturb trees, brush,
grass, or any other type of vegetation.
Deposit - To fill, place, eject, or dump any material (not including storm
water).
Disturbance - The removal of vegetation or the filling, excavation, regrading, or
removal of soil, rock or retaining structures in areas of steep slope, whether
by manual labor, machine, or explosive.
The condition of disturbance will be deemed to continue until the area
of disturbance is revegetated and/or permanently stabilized.
Disturbed area - Any steep slope area for which a disturbance is proposed or is
ongoing.
Drainage - The gravitational movement of water or other liquids by surface
runoff or surface flow.
Erosion - The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
Excavation - Any activity which removes or significantly disturbs rock, gravel,
sand, soil, or other natural deposits.
Fill
- Any act by which earth, sand, gravel, rock, or any other material is
deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by
man to a new location and shall include the conditions resulting therefrom.
Forest land - An ecosystem supporting a dense growth of trees covering a large
area. Fence rows alone do not
constitute a forest system.
Grading - The alteration of the surface or subsurface conditions of land,
lakes, ponds, or watercourses by excavating or filling.
Mulching - The application of a layer of plant residue or other material for
the purpose of controlling erosion.
Person
- Any person, firm, partnership, association, corporation, company,
organization or other legal entity of any kind, including public agencies and
municipal corporations.
Removal - Cutting vegetation to the ground, leaving it as stumpage, extracting
it completely, or killing it by spraying.
Sediment - Solid material, both mineral and organic, that is in suspension, is
being
transported, has been
deposited, or has been removed from its site of origin by erosion.
Site
- A lot or parcel of land, or a contiguous one, where grading work is performed
as a single unified operation.
Site plan - The map or drawn representation of a proposed development, which is
submitted to the municipal approval authority for consideration and approval.
Site preparation - The activities of stripping, excavatimg, filling, and grading, no
matter what the purpose of these activities.
Soil
- The natural, unconsolidated, mineral and organic material occurring on the
surface of the Earth; it is a medium for the growth of plants.
Soil conservation - The protection of soil by careful management in order to prevent
physical loss by erosion and to avoid chemical deterioration.
Soil stabilization - Measures which protect soil from the erosive forces or raindrop
impact and flowing water and include, but are not limited to, vegetative
establishment, mulching, and the early application of gravel base on roads to
be paved.
Soil survey - The systematic examination and mapping of soil in the field.
State Environmental Quality Review Act (SEQRA) - The law pursuant to
Article 8 of the New York Environmental Conservation Law providing for environmental
quality review of actions which may have a significant effect on the
environment.
Steep slopes - Any geographical area proposed for disturbance, whether on a single
lot or not, having a topographical gradient of 15 % or greater (ratio of vertical
distance to horizontal distance), with a minimum horizontal dimension of ten
feet, and a minimum area as defined below, and whether man- made or natural,
and whether created by a retaining structure or not. Steep slopes are further categorized as:
Moderately steep slope - A slope equal to or greater than 15 % but less
than 25 % and covering a minimum horizontal area of 3/10 of an acre or 13,068
square feet.
Extremely steep slope - A slope greater than 25 % and covering a minimum
horizontal area of 2/10 of an acre or 8,712 square feet.
Steep slope permit - The written form of municipal approval granted by the approving
authority and required for the issuance of a work permit and the conduct of any
“steep slope-regulated activity.”
Topography - The configuration of the land surface, including its relief and the
position of its natural and manmade features.
Vegetated - Covered or provided with vegetation or plant life.
Vegetation - The process of vegetating, the faculty of growth possessed by plants
and seeds.
______________________________________________________________________________
§ 259-4 Exempt and regulated activities
Exempt activities. Any customary landscaping not involving
regarding is allowed without the need for obtaining a permit – provided that
any such activities conform to all other applicable laws of the [municipality].
Regulated activities. It
shall be unlawful to create any disturbance or to remove any tree with a
diameter greater than four (4) inches, when measured from one and one half (1˝) feet from ground level, on any steep
slope as defined by this section, other than an exempt activity as defined
herein, without a specific written permit as required by this section.
________________________________________________
_ Alternative provisions: For the purpose of this section, steep slopes fall under one of two general classifications: moderately steep slopes of fifteen to twenty-five percent (15-25%) and extremely steep slopes over twenty-five percent (>25%). Any disturbance of lands exhibiting slopes of fifteen percent (15%) or greater shall be subject to the special regulations contained herein, unless specifically exempted below.
________________________________________________
_ The extent of the
impact that a development will have on a slope can be divided into categories
based on land uses. Typically, the most
intense uses are industrial, commercial, and multi-family residential. Use intensity is lower in the other
residential categories and decreases further for community facilities. The lowest intensity uses are passive
recreation and other uses that preserve open space.
________________________________________________
§ 259-5 Approval Authority
The Zoning Board of Appeals shall be the approval
authority with respect to any application which requires the issuance of any
other permit or approval by it pursuant to the local laws and ordinances of the
[municipality].
The Planning Board shall be the approval authority with
respect to any application which requires the issuance of any other permit or
approval by it pursuant to the local laws and ordinances of the [municipality],
including any application which also requires the issuance or approval by the
Zoning Board of Appeals.
The [Municipality] Board shall be the approval authority
with respect to any application which requires the issuance of any other permit
or approval by it pursuant to the local laws and ordinances of the
[municipality].
The [Municipality] Engineer shall be the approval
authority with respect to all other regulated activities.
§ 259-6 Standards for Approval
In denying, granting or
granting with modifications any application for a permit, the approval
authority shall consider the consistency of the proposed activity with the
findings set forth in § 259-2 of this chapter and the following standards:
Alterations of
trees and forest and topographical alterations on steep slopes shall conform
with any applicable regulation of the [municipality].
________________________________________________
_ Trees are integral
to the character of our neighborhoods, our community, and the environment. They provide many environmental benefits in
that they decrease storm water run-off, filter air pollutants, and stabilize
soil on slopes via their root systems.
Thus, approval should be required for tree removal in steep slope areas.
- District of North
Vancouver, Abstract, available at, http://www.dnv.org/admin2/depart/enviro/trees.htm
(last visited Apr. 09, 2001).
________________________________________________
_ Topography should
be a key determinant of how site is
utilized. Unless the site is fairly
flat and well drained, its topography will be a critical restriction. It is far wiser to fit the proposed use to
the existing site characteristics than to radically alter the site to fit the
use.
- State of N.Y., Zoning Law art. 9
(1991).
________________________________________________
Activities within
wetlands shall be in conformance with Chapter 179, Freshwater Wetlands, Water
Bodies and Watercourses.
________________________________________________
_ Development of
steep slopes adjacent to stream corridors can increase erosion of stream banks,
resulting in severe siltation and pollution with overall degradation of water
quality. Landslides from steep or unstable slopes can do great damage by
depositing gravel and silt into streams. This can block fish passage and can
bury or choke off critical salmon spawning beds, interrupting the breeding
cycle.
- John Hasse, Steep Slopes
ch. 12, available at
http://geography.rutgers.edu/dev/enri_html/report_h
tml/chapters/012.html (last visited Apr. 07, 2001).
________________________________________________
Disturbance of
areas with steep slopes shall conform with the following provisions:
The
planning, design, and development of buildings shall provide the maximum
structural safety, slope stability and human enjoyment while adapting the
affected site to, and taking advantage of, the best use of the natural terrain.
________________________________________________
_ Development along
steep slopes can increase the rate of storm water runoff and result in
increased flooding in low lying areas. Construction activities on steep slopes
can lead to the collapse of structures.
Where steep slopes occur in areas not serviced by public water supply,
alteration of the system can result in failure of on site sewerage disposal
systems.
________________________________________________
The
terracing of building sites, including the mounding of septic tile fields,
shall be kept to an absolute minimum.
Roads
and driveways shall follow the natural topography to the greatest extent
possible in order to minimize the potential for erosion and shall be consistent
with other applicable regulations of the [municipality] and current engineering
practices.
Replanting
shall consist of indigenous vegetation and shall replicate the original
vegetation on the site as much as possible.
________________________________________________
_ Land erodes 2,000
times faster when vegetative cover is removed because vegetation lessens the
impact of falling rains and slows runoff so that water can be absorbed
gradually into the soil. Plant roots hold
the soil and keep it loose and absorbent.
Deep roots can prevent land slippage and landslides. Vegetation provides
cover for a variety of wildlife whose habitats are directly related to the type
of vegetation present. For certain
sites and larger land areas, a wildlife specialist should identify any areas
where vegetation is critical. The foundation of successful slope vegetation
restoration is identifying the composition of the native plant community and
carefully considering the microclimate of the slope.
________________________________________________
The
natural elevations and vegetative cover of ridgelines shall be disturbed only
if the crest of a ridge and the tree line at the ridge remains
uninterrupted. This may be accomplished
either by positioning buildings and areas of disturbance below a ridgeline or
by positioning buildings and areas of disturbance at a ridgeline so that the
elevation of the roofline is no greater than the elevation of the natural tree
line. However, under no circumstances
shall more than one hundred (100) feet along the ridgeline, to a width of one
hundred (100) feet generally centered on the ridgeline, be disturbed.
Regrading
shall blend in with the natural contours of the land.
Cuts
and fills shall be rounded off to eliminate sharp angles at the top, bottom,
and sides of regraded slopes.
The
angle of cut and fill slopes shall not exceed a slope of one (1) vertical to
two (2) horizontal except where retaining walls, structural stabilization, or
other methods acceptable to the [Municipality] Engineer are used.
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 or fill slopes. Generally, such
distance shall be considered to be six (6) feet plus one-half (1/2) the height
of the cut or fill. 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.
Disturbance
of rock outcrops shall be by means of explosive only if labor and machines are
not effective and only if rock blasting is conducted in accordance with all
applicable regulations of the [municipality] and the State of New York.
Disturbance
of steep slopes shall be undertaken in workable units in which the disturbance
can be completed and stabilized in one (1) construction so that areas are not
left bare and exposed during winter and spring thaw periods (December 15
through April 15).
Disturbance
of existing vegetative ground cover shall not take place more than fifteen (15)
days prior to grading and construction.
________________________________________________
_ Early in site
planning, an inventory should be made of existing vegetation. The inventory should include the location of
trees over five inches in diameter and other plants of possible value and
identify all species of vegetation on the site. Care should be taken not to remove more vegetation than is necessary
for construction purposes and to incorporate large trees and other exceptional
plants on the site into the development plan.
When construction starts, the topsoil should be stripped, stored on the
site, and then respread and seeded as soon as possible to establish ground
cover.
________________________________________________
Temporary
soil stabilization – including, if appropriate, temporary stabilization
measures such as netting or mulching to
secure soil during the grow-in-period – must be applied to an area of
disturbance within two (2) days of establishing the final grade, and permanent
stabilization must be applied within fifteen (15) days of establishing the
final grade.
Soil
Stabilization must be applied within two (2) days of disturbance if the final
grade is not expected to be established within sixty (60) days.
Measures
for the control of erosion and sedimentation shall be undertaken consistent
with the Westchester County Soil and Water Conservation District’s Best
Management Practices Manual for Erosion and Sediment Control and New York State Guidelines for Urban
Erosion and Sediment Control, as amended, or its equivalent (satisfactory to
the approval authority).
All
proposed disturbance of steep slopes shall be undertaken with consideration of
the soils limitations characteristics contained in the Identification Legend,
Westchester County Soils Survey, 1989, as prepared by the Westchester County
Soil and Water Conservation District, in terms of recognition of limitation of
soils on steep slopes for development and application of all mitigating
measures as deemed necessary by the approval authority.
Topsoil
shall be stripped from all areas of disturbance and then stockpiled and
stabilized in a manner to minimize erosion and sedimentation and replaced
elsewhere on the site at the time of final grading. Stockpiling shall not be permitted on slopes of greater than ten
(10) percent.
No
organic material or rock with a size that will not allow appropriate compaction
or cover by topsoil shall be used as fill material. Fill material shall be no less granular than the soil upon which
it is placed and shall drain readily.
Compaction
of fill materials in fill areas shall be such to ensure support of proposed
structures and stabilization for intended uses.
§ 259-7 Permit Procedures
Application for
permit. An application for a permit to
alter a steep slope shall be filed with the approval authority and shall
contain the following information and such other information as required by it
except when waived by it as not pertinent or necessary for the proposed
disturbance:
The
name and post office address of the owner and applicant.
The
street address and tax map designation of property covered by the application.
A
statement of authority from the owner for any agent making application.
A
listing of property owners adjacent to, across streets from, and downstream
within five hundred feet of the property as well as any additional property
owners deemed appropriate by the approval authority.
A
statement of the proposed work and purpose thereof.
Copies,
in such reasonable number as determined by the approval authority, of plans for
the proposed regulated activities drawn to scale of not less than one inch equals
fifty feet (unless otherwise specified by the approval authority). Such plans shall be sealed and show the
following:
(a) The location of the proposed construction or area of
disturbance and its relationship to the property lines, easements, buildings,
roads, walls, sewage disposal systems, wells, and wetlands within one hundred
feet of the proposed construction or area of disturbance for adjacent
properties at the same elevation and within five hundred feet for properties
significantly lower.
(b) The estimated material quantities of excavation/fill.
(c) The location and size of areas of soils listed by soil
types in the area of the proposed disturbance and to a distance of one hundred
feet.
(d) The existing and proposed contours [National Geodetic
Vertical Datum (NGVD)] at two foot intervals in the area of the proposed
disturbance and to the distance of one hundred feet beyond.
(e) Cross sections of steep slopes areas.
(f) Retaining walls or like constructions, with details of
construction.
(g) The erosion and sedimentation control plan.
(h) Other details, including specific reports by qualified
professionals on soils, geology and hydrology, and borings and/or test pits, as
may be determined to be necessary by the approval authority.
(i) A list of all applicable county, state, or federal
permits which are required for such work or improvements.
(j) An application fee in the amount set forth in a fee
schedule established by the [Municipality] Board.
Referral. The
approval authority shall refer any application submitted to it pursuant to this
chapter to the Conservation Advisory Council for review and report. The Conservation Advisory Council shall
report back to the approval authority within thirty days of the date of the
referral or within such greater period as may be specified by the approval
authority (at the time of the referral).
Failure to comply with the specified time period shall be interpreted by
the approval authority as indicating no objection to the application.
Notice. Upon receipt
of a completed application under this chapter, the approval authority shall
cause notice of receipt of the same to be mailed by first class mail to the
adjoining property owners, to those across the street adjoining the involved
property. Such property owners shall
have ten days from said day of notice to submit written comment to the approval
authority with regard to said application.
The approval authority may waive this notice procedure if it has
received responses from the adjoining property owners prior to action by
it. In cases where the approval
authority is the [Municipality] Engineer, he/she shall cause such notice to be
posted at one or more locations along the street or streets abutting the
property.
Public Hearing. A
public hearing shall be held by the approval authority on the application made
hereunder at such times, under such circumstances, and upon such notice as may
be required for the granting of the permit or approval required of such
approval authority pursuant to the local laws and ordinances of the
[municipality]. A public hearing may be
held when the approval authority is the [municipality] Engineer.
Action by the approval authority. In approving any application, the approval
authority may impose such conditions or limitations as it determines necessary
to ensure compliance with the intent, purposes, and standards of this chapter.
On
applications for which no public hearing is required, a determination shall be
made to approve, approve with modifications or disapprove the application
within sixty days of receipt of a completed application therefore.
On
application for which a public hearing is required, a determination shall be
made to approve, approve with modifications, or disapprove the issuance of such
permit simultaneously with the determination by the approval authority of the
other permit or approval for which the application was made.
Appeal. Any party
aggrieved by a decision of the [Municipality] Engineer to approve, approve with
conditions, or disapprove an application may appeal the decision to the Zoning
Board of Appeals.
§ 259-8 Duration of permit
Activities
specified by the permit shall be undertaken pursuant to any conditions of the
permit and shall be completed according to any schedule set forth in the
permit.
A permit shall expire on completion of the activities
specified and shall be valid for a period of one (1) year from the date of
approval or for the period of any other permit issued by the approval
authority.
A permit may be renewed by the approval authority for a
period of up to one (1) year.
The approval authority may revoke or suspend a permit if
it finds that the applicant has not complied with any of the conditions or
limitations set forth in the permit.
§ 259-9 Security
In granting a permit, the approval authority may require
a security (in an amount and with surety and conditions satisfactory to it),
securing to the [municipality] compliance with the conditions and limitations
set forth in the permit.
§ 259-10 Inspection and Monitoring
The approval authority may inspect activities undertaken
pursuant to a permit (or have such activities inspected by its representative)
so as to ensure satisfactory completion.
The approval authority may require that the applicant
submit for approval a detailed monitoring program, including but not
necessarily limited to, written status reports at specified intervals
documenting activities undertaken pursuant to a permit.
The approval authority may require that the activities undertaken
pursuant to a permit be supervised by an appropriate licensed professional.
§ 259-11
Penalties for offenses [Omitted]