The purpose of this chapter is to promote the public health,
safety and general welfare by ensuring that the disposal of construction
and demolition debris within village limits is prohibited and that
the filling and grading of properties are safely conducted in conformance
with the village's Zoning Law and other applicable laws.
The Enforcement Officer shall administer, implement and enforce
the provisions of this chapter.
No person, firm or corporation shall dump, dispose of or deposit
or cause, permit or allow to be dumped, disposed of or deposited any
solid waste within the limits of the Village of Cornwall-on-Hudson,
New York.
No person, firm or corporation shall dump, dispose of or deposit
or cause, permit or allow to be dumped, disposed of or deposited any
construction and demolition debris within the limits of the Village
of Cornwall-on-Hudson, New York.
No person shall conduct or cause to be conducted or permit or
allow any filling or grading of any property without securing a permit
from the Planning Board.
Owners of property within the village upon which prohibited
activities occur shall be jointly and severally liable with the active
participants in the violation.
The following information or exhibits are required to be submitted
in triplicate in order to secure a permit:
A. Engineering drawings showing the tax lot upon which the activity
will be conducted.
B. The names and addresses and the section, block and lot numbers of
all contiguous property owners and the names and addresses and section,
block and lot numbers of all property owners located within 500 feet
of the proposed site.
C. A plan showing all existing and proposed contour lines, the amount
of fill to be placed or displaced, the location of trees over eight
inches in diameter measured four feet from the ground and road access
to the site.
E. Preliminary copies of any contracts to perform such filling and grading,
which contracts shall state that they are subject to this chapter,
and a copy of this chapter shall be attached to and become a part
of such contracts.
F. Documentation regarding permit status with the New York State Department
of Environmental Conservation prior to the issuance of a permit. Any
required New York State Department of Environmental Conservation permit
must be in effect prior to the village's issuing a permit.
G. Proof of insurance, including workers compensation, adequate to cover
the intended work pursuant to the terms of the permit. The village
shall be named as an additional insured on the applicant's policy.
H. The completion date and any other information which the Planning
Board deems reasonable in reviewing the application.
The applicant shall be required to post a cash bond or letter of credit in an amount to be determined by the Planning Board, which bond shall be posted with the Village Clerk to guarantee the satisfactory restoration and reclamation of the site and repair of any village roads or other public property which might be damaged as a result of the filling and grading activities of the applicant. In the event that the applicant fails or refuses to make the necessary repairs, the Village Board, after notice and hearing pursuant to §
99-16, may declare the applicant in default, perform the repairs and apply the proceeds of the cash bond in order to cover the expense in making such repairs.
If any phrase, sentence or provision of this chapter is adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined to that phrase, sentence or provision affected by such
judgment and shall not affect the validity of the remainder of this
chapter.