Chapter 115

GENERAL REFERENCES Building construction — See Ch. 86. Steep slopes — See Ch. 195. Environmental review — See Ch. 116. Trees — See Ch. 208. Excavation, filling and topsoil removal — See Ch. 120. Waterfront revitalization — See Ch. 225. Flood damage prevention — See Ch. 129. Wetlands and watercourses — See Ch. 227. Professional fees — See Ch. 178. Zoning — See Ch. 230. § 115-1. Findings; legislative intent. A. The Village Board has been advised by the Village Engineer, Village Counsel and the Village Planning Board that the costs of ensuring compliance with applicable environmental standards and requirements regarding residential development, subdivision development, cluster development, commercial development, industrial development and any other development or construction activity in environmentally sensitive areas exceed the resources presently available to the Village. B. Increasingly, the Planning Board is approving subdivision and cluster developments which are subject to complex and detailed conditions in order to properly protect environmentally sensitive areas. The Village will be required to closely monitor construction and development on such sites in order to ensure full compliance with these detailed conditions and to prevent, to the maximum extent possible, environmental harm. C. Construction in environmentally sensitive areas may result in irreparable damage to the environment if prompt action is not taken by Village officials. D. The Village Board of Trustees desires to allow development wherever practical, reasonable and in conformity with all applicable laws, rules and regulations and to concurrently assure that environmentally sensitive areas are actually developed in full compliance with all applicable Village 46. Editor's Note: This local law also repealed former Ch. 115, Environmental Compliance, adopted 5-4-1992 by L.L. No. 3-1992, as amended. requirements relating to environmental protection and all applicable specific resolutions or other development approvals of any of the various Village boards. § 115-2. Environmental Compliance Consultant. A. Upon the recommendation of the approving authority issuing a subdivision, site plan, minor site plan, special permit or environmental constraints (wetlands, steep slopes or tree removal) permit approval, and the Village Engineer, the Board of Trustees may retain qualified professionals to act as an Environmental Compliance Consultant in order to ensure that environmentally sensitive areas are protected during the course of construction and land development. The Environmental Compliance Consultant shall be qualified by education and training to inspect, monitor and evaluate compliance with conditions or requirements imposed by the approving authority designed to protect against or minimize the adverse environmental impacts of construction and land development. B. When the approving authority issuing a permit or approval as specified in Subsection A above recommends in its resolution of approval the appointment of an Environmental Compliance Consultant, unless otherwise provided in that resolution, no land development or construction shall commence pursuant to such permit or approval until the Environmental Compliance Consultant has been retained by the Village Board of Trustees and is available to perform the duties authorized under this chapter or the expiration of 60 days from the filing of the resolution of approval, whichever is earlier. § 115-3. Powers and duties of Environmental Compliance Consultant. The Environmental Compliance Consultant shall possess the following powers and shall perform the following duties: A. Enter upon the land or site for which construction or land development approval has been granted, for the purposes of inspecting the premises and monitoring the construction or land development on the site, to ensure that all conditions or requirements designed to protect against or minimize adverse environmental impacts are being complied with. B. Review approved site plans and other construction permits and plans and assure that construction and land development conform to the conditions of those plans. C. Perform such other duties consistent with this chapter as may be prescribed in any land development or construction approval or site plan. D. Work with and be responsible to the Village Engineer in connection with the performance of all duties required by this chapter. E. Where land development or construction approval requires that, prior to disturbing the land, the holder of such approval shall physically stake the location of construction activities, wetland boundaries and/or associated one-hundred-twenty-foot wetland buffers, any areas in which the terrain will be disturbed and/or the location of any other activity on the site plan, approval and plans, such staking shall occur subsequent to the granting of a building permit but not later than 20 days prior to the commencement of land development or construction activity. Upon completion of the staking, the holder of the land development or construction permit approval shall notify the Environmental Compliance Consultant, who shall inspect the staking within 10 days of receipt of such notification and determine whether the staking is in conformity with the land development and construction approval and plans. § 115-3 CROTON-ON-HUDSON CODE F. Recommend to the Village Engineer, or such other approval authority having jurisdiction, the relocation or adjustment, in the field, of the alignment and location of driveways, roads, utility lines, building envelopes, any other construction or terrain disturbance in order to prevent the potential loss of significant terrain functions and to prevent potential adverse effects on the environment, consistent with the site plan and land development or construction approval. G. Advise the Village Engineer where there is a failure to comply with the conditions or requirements of the land development or construction permit approval and recommend the taking of appropriate enforcement action to cure such violation. § 115-4. Stop-work orders; enforcement; appeals. A. The Environmental Compliance Consultant may request the Village Engineer to issue a stop-work order requiring the cessation of construction, development or work of any type at any land or site for which development or construction approval has been granted if: (1) There is a failure to comply with the conditions or requirements of the development or construction approval or the site plan; or (2) There is a failure to maintain appropriate escrow accounts or other forms of financial security as may be required under the Village Code or any applicable permit resolution. B. Issuance of a stop-work order by the Village Engineer shall be as provided in § 86-1 of the Village Code. A stop-work order may be appealed by filing a written notice of appeal with the Planning Board not later than 30 days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Planning Board within 20 days of receipt of request for a hearing. After the close of the hearing, the Planning Board may confirm, modify or cancel the stop-work order. C. Stop-work orders shall remain in force permanently unless rescinded by the Village Engineer or by the Planning Board after an appeal. D. The Village shall be empowered to enforce the requirements of any development or construction approval, site plan or stop-work order by means of any judicial remedy available to the Village, including but not limited to injunctive relief. § 115-5. Severability. If any provision of this chapter shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof. ENVIRONMENTAL REVIEW