§ 73-5. Construction within slope lands; permit; fee.

No building development or the construction of other site improvements nor the excavation, filling or grading of any slope lands within a lot, nor the cutting of trees or the destruction of natural vegetation shall be permitted unless a special permit shall have been issued therefor by the Board of Trustees, except that the Building Inspector or Village Engineer may verbally approve the removal of dead, damaged or diseased trees or vegetation without any written application. Prior to taking such action, said Board shall determine that there is no other suitable alternative site within the lot available for the proposed use, improvement or development of such lot, that the activity proposed is the minimum activity necessary to make reasonable use of said land, that all feasible construction standards and precautions are or will be taken to assure that the resulting environmental hazard will be minimized, that such proposed action is otherwise in full compliance with all applicable requirements of the Village, town, county, state and federal agencies and that the purpose and intent of these regulations are satisfied to the maximum feasible degree as determined by said Board.

A. 

Application. Application for such permit shall be submitted to the Village Administrator in eight copies not less than 10 days prior to the meeting at which it is to be officially received by the Board of Trustees and shall include the following:

(1) 

A topographic survey of the property showing:

(a) 

Existing contours with vertical intervals of no more than two feet;

(b) 

The location and extent of any slope lands as set forth in § 73-3.

(c) 

The location of any existing buildings, structures, driveways and utilities of the site.

(d) 

Existing easements and rights-of-way; the present use of land and structures.

(e) 

The specific type, size and location of trees with a diameter of 12 or more inches at a height three feet above ground level.

(f) 

Any other existing features or characteristics of the site which may be of environmental, historical, archaeological or other significance.

(2) 

A plan for the proposed site development indicating building and driveway locations, parking areas, landscaping, grading, drainage, utilities and other planned site uses and improvements.

(3) 

Specific design measures proposed to mitigate the potential impact of the proposed site development upon the environmentally sensitive features of the property, both during and after construction.

(4) 

An application fee in the amount of $1,000.

B. 

Procedure.

(1) 

Upon receipt of a properly completed application, the Board of Trustees shall refer it for review and report to the Village Engineer and other such experts as may be determined necessary or appropriate by said Board to assist in its review of the proposed application. In the event that the cost of such review exceeds the amount of the application fee, such additional cost shall be borne by the applicant up to an additional cost of $1,000. A copy of the application shall also be referred to appropriate town, county and state agencies whose approval may be required or whose recommendations may be sought.

(2) 

Within 60 days of the date of the Board of Trustees meeting at which the properly completed application is officially received, said Board shall act to approve, approve with modifications or disapprove the special permit application.

C. 

Determination.

(1) 

Prior to making a determination to approve any such application, either with or without modifications, the Board of Trustees shall first find that the proposed site development has been designed in such a way as to minimize any adverse environmental impacts to the maximum degree reasonably feasible through redesign, reduction in the size of the proposed project, the implementation of special environmental protection measures, permanent restrictions on the use and development of the property which may be established by deed restrictions, or a combination of the above. In so finding, the Board of Trustees shall further determine that the slope lands shall not be significantly impaired, that the proposed site design will provide safe building locations with proper access thereto, that important scenic and visual resources will be protected to the maximum extent feasible and that there will be no significant adverse impact upon any rare or endangered species of flora or fauna. The Board of Trustees shall attach such conditions to its approval as it may determine necessary to assure compliance with these standards and requirements.

(2) 

In the event that the applicant fails to establish that the proposed use and development of the site, and the conditions which the applicant proposed in relation thereto, comply with these essential environmental standards, the Board shall disapprove said application, and the Building Inspector shall deny the issuance of any permits in relation thereto.

D. 

In addition to the above, the requirements of the State Environmental Quality Review Act shall also be applicable.

Amended 1-5-2012 by L.L. No. 6-2012