Chapter 120

ARTICLE I § 120-7. Bond or cash deposit. General Provisions § 120-8. Review standards. § 120-9. Appeals. § 120-1. Declaration of policy. § 120-10. Completion of work. § 120-2. Definitions. ARTICLE III ARTICLE II Enforcement Excavation and Filling Permit § 120-11. Powers of Village Engineer. § 120-3. Applicability. § 120-12. Penalties for offenses. § 120-4. Approving authority. § 120-13. Severability. § 120-5. Application for permit. § 120-6. Fees. GENERAL REFERENCES Blasting — See Ch. 81. Steep slopes — See Ch. 195. Building construction — See Ch. 86. Trees — See Ch. 208. Environmental quality review — See Ch. 116. Water supply protection — See Ch. 223, Art. II. Property maintenance — See Ch. 179. Zoning — See Ch. 230. § 120-1 EXCAVATION, FILLING AND TOPSOIL REMOVAL § 120-2 ARTICLE I General Provisions § 120-1. Declaration of policy. It is hereby declared to be the policy of the Board of Trustees of the Village of Croton-on-Hudson that the natural topography of the land of the Village is a public asset which should be preserved and safeguarded; that topsoil, trees or other materials which constitute the land, its plants and wildlife are of vital concern to the people of the Village; and that changes shall be permitted in such topography only when they are necessary in order to permit the proper, appropriate and reasonable use of the land and water. It is the intent of this chapter to regulate or restrict excavation, the removal of topsoil or other materials or the filling, draining, clearing, operating and using of any land in any manner which may: A. Create hazardous or dangerous conditions by creating pits, holes or hollows in the land, by creating or leaving unprotected banks or ledges of exposed earth or by permitting or creating conditions which cause the collection of water. B. Impair the usefulness of the property involved or any surrounding properties for the purposes for which they are zoned, fail to take into consideration the contouring of land with relation to remaining portions of the land affected or neighboring areas, interfere with the zoning plan of the Village and reduce the value of the property in question or other property in the Village. C. Cause soil erosion which depletes the land of vegetative cover and supply of organic material and result in the washing away of the soil, erosion or deleterious interference with normal drainage. D. Divert or cause water to collect on the property of others, interfere with or overload any existing or planned drainage facilities in the Village, cause excessive runoff, or result in the collection of pools of water, with the possibility of health and safety hazards or the lowering of the value of property affected. § 120-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPLICANT — Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, filing an application pursuant to this chapter. APPROVING AUTHORITY — The Village agency or public official empowered to administer the permit procedures of this chapter. BUILDING PERMIT — The written permission granted by the Village Engineer for the commencement of the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure. EXCAVATION — A lowering of the existing grade or the stripping of topsoil. FILLING — A raising of the existing contour of the land. GRADE or CONTOUR — The actual existing grade or contour of the land involved at any point thereof and shall not mean the grade of the street or streets adjoining said land. LICENSED DESIGN PROFESSIONAL — A person licensed or registered in the State of New York as a professional engineer, architect or landscape architect. § 120-2 EXCAVATION, FILLING AND TOPSOIL REMOVAL § 120-2 PERMIT — Permission granted for the excavation or filling of the land. PERSON — Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof. PLANNING BOARD — The Planning Board of the Village of Croton-on-Hudson. VILLAGE ENGINEER — The person employed as a Village Engineer of the Village of Croton-on- Hudson, or his or her designee. § 120-3 EXCAVATION, FILLING AND TOPSOIL REMOVAL § 120-5 ARTICLE II Excavation and Filling Permit § 120-3. Applicability. A. An excavation and filling permit shall be required for the following actions in accordance with the provisions of this chapter, regardless of whether the action is carried out by relocating soil or other materials between the land and other properties or by redistributing the soil or other materials on the land itself: (1) Excavation in excess of four feet over an area of 100 square feet or more. (2) Excavation in excess of two feet over an area of 500 square feet or more. (3) Any lowering of existing grade or stripping of topsoil over an area of 5,000 square feet or more, or over more than 50% of the area of the property, whichever is less, regardless of the depth of the cut. (4) Excavation in excess of 50 cubic yards. (5) Filling in excess of four feet over an area of 100 square feet or more. (6) Filling in excess of two feet over an area of 500 square feet or more. (7) Filling over an area of 1,000 square feet or more, regardless of the depth of the fill. Notwithstanding the items in Subsection A(5), (6) and (7) above, the placement of topsoil not exceeding three inches in depth over an area not exceeding 5,000 square feet shall not require an excavation and filling permit, provided that said topsoil is immediately seeded and mulched. B. A building permit shall constitute the excavation and filling permit when excavation and/or filling is limited in area and bulk to that strictly essential for and limited to the extent of the foundation, walls and basement of a building, or when excavation and/or filling is limited in area and bulk to that strictly essential for and limited to the construction of a wall, driveway, sidewalk, swimming pool, service connection, underground tank or other similar structure. The issuance of said building permit shall be subject to compliance with the provisions of § 120-8 of this chapter. C. Where the Planning Board is the approving authority in connection with a site plan, minor site plan, subdivision plan, wetlands permit, steep slopes permit or tree removal permit, the approval from the Planning Board shall incorporate the excavation and filling permit. § 120-4. Approving authority. The approving authority for all applications shall be the Village Engineer, except that the Planning Board shall be the approving authority for any application that is also the subject of a pending site plan, minor site plan, subdivision plan, wetlands permit, steep slopes permit or tree removal permit before the Planning Board in accordance with the requirements of the Code of the Village of Croton-on-Hudson. § 120-5. Application for permit. Where the Village Engineer is the approving authority, three copies of the application shall be filed, and where the Planning Board is the approving authority, eight copies shall be filed. Each application § 120-5 EXCAVATION, FILLING AND TOPSOIL REMOVAL § 120-7 shall be signed by the owner or lessee or agent of either, or by the building contractor, engineer or architect employed in connection with the proposed work, and shall contain or shall be accompanied by the following: A. The name, address and contact information of the property owner. B. A description of the property in sufficient detail to identify the same, including the street address, tax map number and zoning district, and a statement as to the existing use of the property. C. The name, address, contact information and insurance documentation of the person or corporation who will carry out the operation. D. A description of the proposed filling and/or excavation operation, the extent, in three dimensions, of the proposed regrading, the volume and type of material proposed to be removed or added, and the condition of the premises before the commencement of and the proposed condition of the premises after the completion of the proposed operation. E. A site plan, prepared by a New-York-State-licensed design professional, drawn to scale, showing the location and dimensions of the premises to a point 50 feet beyond the boundaries thereof and showing existing and proposed topographic contours at two-foot intervals, showing distances from street or highway lines, distances from boundary lines of other owners, the proposed location, size and use of any existing buildings or utilities thereon, cross sections and elevations appropriate to indicate the effect of the operation upon the contour and grade of the premises and upon the relationship in contour and grade between the affected portion of the premises and the remainder of such property and any abutting land and highways after completion of the operation, the specific location of all live trees six inches in diameter or larger, measured at a point three feet above existing ground level, prior to regrading the area and along the twenty-five-foot-wide boundary strip around the grading area, with a note for each tree indicating removal or not, and mitigation measures intended to protect trees to be preserved in the vicinity of the filling and/or excavation operation and to protect other environmental resources; provided, however, the approving authority shall have the right to waive the necessity of furnishing topography. Where the Village Engineer is the approving authority, the Village Engineer has the discretion to eliminate the requirement that a New-York-State-licensed design professional needs to present the material listed in § 120-5E, but the same basic information shall be required from the applicant. The approving authority may require that a registered landscape architect, certified arborist or other tree professional provide the required information on trees. F. A duly acknowledged written consent of the owner of the premises of the proposed operation. G. Evidence showing payment of all Village taxes and assessments to-date against the premises. H. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any excavation and filling permit that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved excavation and filling permit shall be consistent with the provisions of Chapter 196, Article I. § 120-6. Fees. The application shall be accompanied by a filing fee in an amount set by resolution of the Board of Trustees. The applicant shall also pay for professional review fees as provided for in Chapter 115, Environmental Compliance, and Chapter 178, Professional Fees, of the Village Code. § 120-7. Bond or cash deposit. Before issuing any permit under this article, the approving authority may require the posting of a performance guaranty, bond or other security as a condition of approval, the amount and surety of such security to be approved by the Village Board of Trustees and the form of such security to be approved by the Village Attorney. The performance guaranty, bond or other security is intended to ensure the proper completion of the proposed activity in accordance with the approved plans, the restoration of disturbed areas to their natural condition as far as practicable, and protection of adjoining property owners from damage resulting therefrom. Prior to any bond reduction or release application, the Village Engineer may require the applicant to provide a certificate of construction compliance from a New-York-State-licensed design professional. The performance guaranty, bond or other security shall remain in effect until the Village Engineer certifies that the work has been completed in compliance with the terms of the permit, the approved plans, any certificate of construction compliance from a New-York-State-licensed design professional required by the Village Engineer, and any required restoration of the area or other required measures to protect adjoining property owners from damage, whereupon the bond shall be released or reduced after authorization of the Village Board of Trustees. A substitute performance guaranty, bond or other security may be provided as approved by the Village Board of Trustees. § 120-8. Review standards. In granting an excavation and filling permit under this chapter, the approving authority shall apply the following standards: A. Any excavation to be made below the grade of surrounding property to a depth greater than four feet shall be properly guarded and protected during construction by a substantial fence of proper height and strength, with gates, which gates shall be locked at all times when the property is not being worked. In addition, when deemed appropriate by the approving authority, a permanent substantial safety fence of proper height and strength shall be installed to properly guard and protect said changes in grade after construction. B. Excavation and filling operations shall be conducted so as to not adversely impact stormwater drainage, water bodies and/or watercourses, except as may be otherwise authorized by Chapter 1 or by wetlands permit issued pursuant to Chapter 2 of the Village Code. C. During construction all excavations shall be drained so that any standing water at the bottom of any excavation shall not be greater in depth than one foot, and after construction there shall be no standing water at the bottom of any excavations. D. All fill shall be clean, containing no garbage, refuse or deleterious matter, shall be graded in a smooth transition to the level of the adjoining property and shall be reseeded with an appropriate vegetation mixture sufficient to stabilize the soil. The approving authority may require testing to determine the cleanliness of the fill. E. In the case of a permit for the removal of topsoil, at least two inches of topsoil shall be left upon the surface from which topsoil has been removed, and the area from which said topsoil has been taken shall be reseeded with an appropriate vegetation mixture sufficient to stabilize the soil and covered with mulch. F. The on-site processing of fill or the erection or use of any structure for such processing, such as but not limited to hoppers, strainers, washers, crushers or sheds, is prohibited; however, where a permit has been issued under this chapter, power equipment for the purpose of filling and excavation may be allowed. § 120-8 EXCAVATION, FILLING AND TOPSOIL REMOVAL § 120-9 G. Excavation and/or filling operations shall not be permitted between the hours of 8:00 p.m. and 8:0 a.m. Sunday through Saturday and between the hours of 8:00 p.m. Saturday and 10:0 a.m. Sunday. H. Slopes shall not be created in excess of the permanent stable slope of the soil or other material involved, and the exposed slopes shall be required to be seeded or protected by other means to prevent their subsequent erosion. In the event of any dispute as to the stability of the slopes, the determination of the approving authority shall be conclusive. I. Appropriate dust-control measures shall be implemented on-site and on access roads and any traveled areas used in connection with any work under this chapter to protect the public and surrounding area against windblown sand and dust. J. Removal of soil or other material from the ground and/or placement of fill on the ground shall not prevent or interfere with the orderly development of land in the vicinity, shall not unreasonably impede traffic flow, and shall not make it unduly difficult or costly for the installation of public utilities or other public services. K. There shall be no deleterious interference with existing drainage, nor shall the excavation or filling operation divert or cause water to collect on the property of others or interfere with or overload any existing or planned drainage facilities of the Village, endanger any road, street or highway within the limits in the Village or produce or enlarge areas from which water will not drain, and provision shall be made for the temporary drainage of the property during the excavation or filling operation and for the restoration of permanent drainage to be effective upon completion of the operation. L. The approving authority shall take into consideration the declared policy of this chapter regarding the replacement of topsoil and the restoration, reseeding and stabilization of the land. M. To prevent the earth of adjoining property from caving in before permanent supports have been provided for the sides of such excavation, any person causing any excavation to be made shall provide such sheet piling and bracing as may be necessary. Whenever provisions are lacking for the permanent support of the side of an excavation, the person causing or having caused such excavation to be made shall build a retaining wall at his own expense on his own land, such retaining wall to be carried to a height sufficient to retain the adjoining earth. A building permit shall be required if the retaining wall is more than four feet in height. N. The approving authority may require that stumps, large tree roots and excess excavated material be removed from the site and may limit rock excavation methods and quantities. O. Such conditions as the approving authority may deem appropriate as to the time in which the work is to be completed. P. Such other conditions as the approving authority may deem appropriate to carry out the purposes of this chapter and the broad statements of policy as enumerated in § 120-1 hereof, as if those purposes were specifically enumerated hereunder. Q. The approving authority retains the power to impose additional conditions during the terms of the permit if in its opinion additional conditions are necessary. § 120-9. Appeals. A. An applicant or any other aggrieved person may seek a review of a determination by the Planning Board to grant or deny an excavation and filling permit by the commencement of an action pursuant to the provisions of Article 7 of the Civil Practice Law and Rules. B. In the case of an application decided by the Village Engineer, the applicant or any other aggrieved person may seek a review by appealing to the Planning Board, in which case the Planning Board shall become the approving authority for such application, and the work approved under the permit issued by the Village Engineer shall cease pending the Planning Board's action. Such review shall be requested not later than 20 days after the filing of the subject decision by the Village Engineer. If such appeal is not filed within said period, the determination of the Village Engineer shall be final and binding. § 120-10. Completion of work. A. Permits under this article shall be for a period of no longer than one year or such shorter period as may be prescribed by the approving authority with a view to having substantially continuous operations in connection with the excavation and/or filling covered by the permit, subject only to interruption of work caused by seasonal conditions; such permits are subject to termination if work is interrupted for a period of more than 60 days due to causes other than the weather or other seasonal conditions. Where work under the initial or renewal permit issued under this chapter has been pursued with reasonable diligence, a renewal permit may be issued without a new application upon payment of a fee in an amount set by resolution of the Board of Trustees, provided that the required bond or cash deposit shall remain in force and that the other requirements in connection with the application are currently up to date. B. Following completion of the work, the applicant shall submit a certification by a landscape architect, architect or professional engineer that the completed work meets the requirements of the excavation and filling permit. The Village Engineer will verify that the work has been completed in accordance with such permit. Submission of an as-built survey may be required by the approving authority or the Village Engineer. C. The Building Inspector shall not issue a certificate of occupancy or use until the Village Engineer has verified that all work has been completed in accordance with the excavation and filling permit. D. Any proposed revision to work covered by an excavation and filling permit shall be reviewed by the Village Engineer. Where the Village Engineer determines that a substantial revision is proposed, the submission of a new application to the approving authority shall be required. E. The approving authority, after notice to the permit holder and an opportunity to be heard, may revoke or suspend an excavation and filling permit if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the excavation and filling permit or has failed to undertake the project in the manner set forth in such permit. F. Issuance of a stop-work order by the Village Engineer shall be as provided in Chapter 8 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. G. The approving authority shall set forth, in writing, in the permit application file it keeps, its findings and reasons for revoking or suspending a permit pursuant to this section. § 120-11 EXCAVATION, FILLING AND TOPSOIL REMOVAL § 120-12 ARTICLE III Enforcement § 120-11. Powers of Village Engineer. The Village Engineer shall have the same duties, powers, rights of inspection, power to issue stop orders, right to revoke permits and other rights, duties and powers with respect to enforcement of this chapter as those possessed by him under Article I of Chapter 86, Building Construction. Any site for which an application has been submitted shall be subject to inspection at any reasonable time, including weekends and holidays, by the members of the approving authority or its designated representatives. Notice will be provided to applicants of any site inspection that is to be performed on a weekend, a legal holiday or between the hours of 6:30 p.m. and 8:0 a.m. The applicant shall indemnify and hold the Village, its officers, employees and agents harmless against any damage or injury which may be caused by or arise out of any entry onto the subject site in connection with the processing of the application or inspection of the site to determine compliance with any conditions of permit approval during the pendency of the application, during the effective period of any excavation and filling permit issued for the site and for up to one year after completion of the work. § 120-12. Penalties for offenses. A. Any person who undertakes any regulated activity without an excavation and filling permit required by this chapter or who violates any condition attached to an excavation and filling permit or who otherwise violates any provision of this chapter shall be guilty of an offense, punishable by a fine of not less than $500 nor more than $1,000. For a second and each subsequent offense, the violator shall be guilty of an offense punishable by a fine of not less than $1,000 nor more than $2,0 or a term of imprisonment of not more than 15 days, or both. Each violation of the provisions of this chapter shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. In addition, any court having jurisdiction may order or direct a violator to restore the affected filling and/or excavation area to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Village Engineer. B. In addition to the criminal penalties provided under § 120-12A, any person who undertakes any regulated activity without an excavation and filling permit or who violates any condition attached to an excavation and filling permit or who otherwise violates any provision of this chapter shall be liable for a civil penalty not to exceed $3,0 for each such violation. Each consecutive day of the violation shall be considered a separate offense. Before assessment of the civil penalty, the alleged violator shall be afforded a hearing or opportunity to be heard before the Planning Board upon due notice, and with rights to specification of the charges and representation by counsel. Such civil penalty may be recovered in an action brought by the Village in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Village, and any action commenced to recover the same may be settled and discontinued by the Village. C. The Planning Board also shall have the power, following a hearing, to direct a violator to cease violation of this chapter and, under the Board's supervision, to restore satisfactorily the affected excavation and/or filling area to its condition prior to the violation, insofar as that is possible, within a reasonable time. Exercising of such power may be with or without the imposition of a fine or civil penalty under Subsections A and B hereof. D. Any civil penalty or order issued by the Planning Board shall be reviewable pursuant to Article 7 of the Civil Practice Law and Rules. E. The Village shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter and to compel the restoration of the affected excavation and/ or filling area to its condition prior to the violation of the provisions of this chapter. F. No building permit, temporary certificate of occupancy or certificate of occupancy shall be issued for any property for which a violation of this chapter has been served, or for which an administrative or judicial proceeding has been commenced under this section, until said violation or proceeding is dismissed or resolved to the satisfaction of the approving authority or court, as is appropriate. G. The Village Engineer and Code Enforcement Officer(s) are hereby authorized to issue appearance tickets for violations of this chapter. § 120-13. 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. § 120-13 EXCAVATION, FILLING AND TOPSOIL REMOVAL CROTON-ON-HUDSON CODE