Village of Sloatsburg, NY Article IX Environmental Controls

§ 402-45 Environmental constraints.

A. Purpose. In order to limit development in areas with severe environmental limitations, the following requirements shall apply in all zoning districts. The presence of environmental constraints and the calculation of minimum lot area shall be applicable to the property prior to any development.

(1) Surface water resources. No portion of the land area of that portion of any parcel may be counted as part of any minimum lot area if subject to the following: ponds; local, state or federal wetlands; streams and watercourses as may be regulated by this law, the Rockland County Drainage Agency, or the New York State Department of Environmental Conservation; the 100-year floodplain as mapped by the Federal Emergency Management Agency. No more than 50% of any watercourse or wetland buffer as defined by this chapter shall count as part of any minimum lot area.

(2) Steep slopes.

(a) Not more than 50% of the land area of that portion of each lot may be counted as part of any minimum lot area if subject to steep slopes in excess of 25%.

(b) No portion of the land area of that portion of a parcel with a slope in excess of 40% may be counted as part of the minimum lot area of a parcel.

(3) Rock outcrops. Not more than 50% of the area of that portion of a parcel with rock outcrops in excess of 50 square feet may be counted as part of the minimum lot area of a parcel.

B. Applicability to preexisting lots. Any application for site plan, subdivision, special permit, land disturbance, or any other permit or approval from the Planning Board, or any use or area variance from the Zoning Board of Appeals, that may be required in accordance with this chapter, shall be subject to the provisions of this section.

§ 402-46 Ramapo River Sole Source Aquifer Critical Environmental Area.

A. Policy. The Ramapo River Basin Aquifer system has been designated a sole source aquifer by the administrator of the U.S. Environmental Protection Agency. More than 50% of the drinking water for the aquifer service area is supplied by the Ramapo River basin aquifer systems. In addition, there are no economically feasible alternative drinking water sources that could replace the Ramapo River basin aquifer systems.

B. Critical environmental area boundaries. The boundaries of the Ramapo River Sole Source Aquifer Critical Environmental Area shall coincide with that portion of the sole source aquifer located in the incorporated Village of Sloatsburg as shown in Figure 5 of the Village of Sloatsburg Comprehensive Plan, being the same boundaries as represented in http://www.epa.gov/region02/water/aquifer/ramapo/rama-fig.htm#124 illustrating the Ramapo River Basin Aquifer Systems Designated Area.

C. SEQRA. The potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of concern and must be evaluated in the determination of significance prepared pursuant to § 617.7. of the regulations implementing the New York State Environmental Quality Review Act.

§ 402-47 (Reserved)

§ 402-48 Cluster development.

A. Authority. Under authority of Article 7-738 of the Village Law of the State of New York, the Board of Trustees of the Village of Sloatsburg does hereby grant to the Planning Board of the Village of Sloatsburg the authority to modify applicable provisions of this chapter and Chapter 345, Subdivision of Land, of the Village of Sloatsburg with respect to approval of subdivision plats for residential purposes by requiring cluster development.

B. These provisions shall apply to any subdivision or site plan applications proposed in any residence or mixed use district.

C. Planning Board may require an applicant to submit an application for cluster development where a property exhibits one or more of the following sensitive features. The application of the provisions of this section shall be guided by the important physical, cultural and natural features of the particular property under review as listed below:

(1) Slopes over 15% on 25% or more of the property.

(2) Freshwater wetlands under the regulatory jurisdiction of the Village of Sloatsburg, the New York State Department of Environmental Conservation, or the U.S. Army Corps of Engineers.

(3) 100-year floodplain as mapped by the Federal Emergency Management Agency.

(4) Properties listed on the National and/or State Registers of Historic Places or eligible for listing by the NYS Office of Parks, Recreation and Historic Preservation for inclusion in such registers.

(5) Significant viewsheds as determined by the application of the State Environmental Quality Review Act.

(6) Recreational resources, including lakes, ponds, streams, or other potentially significant recreational resources.

(7) Properties within the Ramapo River Basin Sole Source Aquifer.

(8) Habitats containing endangered, threatened, or special concern species, protected native plants, or state identified significant habitats.

(9) Rock outcrops in excess of 50 square feet.

(10) Lands within a critical environmental area.

D. The Planning Board shall find that the application of these regulations shall encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land to facilitate the adequate and economical provisions of streets and utilities, to preserve the scenic qualities of open lands, to protect areas of meaningful ecological value, reduce flood hazards, minimize negative environmental impacts, improve the aesthetic quality of new residential development, widen housing opportunities, encourage the conservation of energy, increase recreational opportunities, and discourage building on steep hillsides and hilltops. The Planning Board must identify in writing, by resolution, those elements of the site that might be adversely impacted without the mandatory use of the cluster provision of this chapter.

E. Density calculation. Cluster subdivisions are intended to allow flexibility while preserving important natural attributes of the land. In order to determine the permissible number of dwelling units, it is necessary to subtract land that is unbuildable or that presents other environmental constraints through the preparation of a conventional subdivision plan. The permitted number of dwelling units in a cluster subdivision shall in no case exceed the number of dwellings that, in the Planning Board's judgment, would be permitted as feasible if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter, the Village subdivision regulations, the Rockland County Department of Health regulations, and all other applicable local, county, state or federal laws and standards. The basis for this determination will be a conventional subdivision plat for the subject parcel showing all environmental constraints as well as roads (including road grades), and other information as may be required by the Planning Board. In making its determination of the permitted number of dwelling units under the cluster plan, the Planning Board shall seek the preservation of steep slopes, wetlands, floodplains, water bodies, and other environmentally sensitive or unique open space or natural resources.

F. Minimum lot area and yard dimensions. In the OSR, R-80, and R-40 Zoning Districts, one-family detached dwellings shall be permitted on lots within a gross minimum lot area of 10,000 square feet in size (environmental constraints not to be subtracted for cluster arrangement). In any other residential or mixed use district, one-family detached or one-family attached dwellings shall be permitted on a minimum lot size to be determined by the Planning Board as part of the cluster layout. Provided, however, that the minimum lot size shall be sufficient to meet all state and county health department standards for adequate separations distances to well and septic systems where same are proposed. The minimum yard requirements shall be no less than 50% of the yard requirement regulating one-family detached dwellings in the applicable zoning district, except that one-family attached dwellings shall be located on fee simple lots, and shall not require a side yard at the common wall. These shall be considered minimum yard requirements, and the Planning Board has the authority to increase the minimum yard requirements where it deems essential to protect an environmental feature or otherwise protect the health, safety, and welfare of the residents of the cluster subdivision.

G. Preservation of land as open space.

(1) In the event that the application of this procedure results in a plat showing lands available for open space, the Planning Board, as a condition of plat approval, shall establish such conditions on the use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Board of Trustees shall approve said conditions before the plat is approved for filing if the Village is party to the conservation easement. All cluster subdivisions shall protect the greatest amount of open space that, in the sole judgment of the Planning Board, provides the largest amount of benefit to the Village.

(2) Open space land. Protected open space may be included as a portion of one or more large building lots, or may be contained in a separate open space lot. Such open space may be owned by a homeowners' association ("HOA"), one or more private landowners, a nonprofit organization, the Village or another governmental entity, or any other appropriate entity as long as it is protected from development by a conservation easement. The required open space land may not include private yards located within 50 feet of any principal structure.

(3) Open space requirements.

(a) The open space protected pursuant to this section shall have "conservation value" which may include historic, ecological, agricultural, water resource, scenic, or other natural resource value. Examples of lands with conservation value include view corridors along rural roads, aquifer areas, large areas or contiguous mature forest, ridgelines and hillsides visible from public roads or other public areas, wetlands, water bodies, and stream corridors.

(b) Notations on plat or site plan. Protected open space land shall be clearly delineated and labeled on the final subdivision plat or site plan as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the open space land is permanently reserved for open space purposes, and shall contain a notation indicating the liber and page of any conservation easements or deed restrictions required to be filed to implement such restrictions.

(c) Permanent protection by conservation easement. A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, recreation (including golf courses), protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Village, with the approval of the Village Board of Trustees, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be approved by the Planning Board and shall be required as a condition of approval. The Planning Board may require that the conservation easement be enforceable by the Village if the Village is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office.

(d) The terms of the conservation easement, or, if applicable, the deed restriction or declaration, shall prohibit further development except associated with recreational uses which must be described within the conservation easement to the satisfaction of the Village Board.

(e) HOA ownership of open space land. If the land is owned in common by a HOA, such HOA shall be established in accordance with the following:

[1] The HOA documentation must be submitted to the Planning Board before the final subdivision plat or site plan is approved, and must comply with all applicable provisions of the General Business Law.

[2] Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, common driveways, and other common facilities.

[3] The open space restrictions must be in perpetuity.

[4] The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and common driveways.

[5] Property owners must pay their pro rata share of the costs in Subsection G(3)(e)[4] above, and the assessment levied by the HOA must be able to become a lien on the property.

[6] The HOA must be able to adjust the assessment to meet changed needs.

[7] The applicant shall make a conditional offer of dedication to the Village, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Village, at the discretion of the Village Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.

[8] Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

[9] The attorney for the Village Board shall find that the HOA documents presented satisfy the conditions set by the Planning Board.

(f) Maintenance standards.

[1] Ongoing maintenance standards shall be established, enforceable by the Village against an owner of open space land as a condition of subdivision approval, to ensure that open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials.

[2] In the event that the maintenance, preservation, and/or use of the open space area(s) ceases to be in compliance with any of the requirements of the zoning law or any other requirements specified by the Planning Board when approving the cluster subdivision, the Village shall be granted the right to perform such maintenance as may be necessary or to otherwise assure compliance and to charge the cost to the responsible property owner or owners. Such charge, if unpaid for more than 60 days, shall become a lien on the open space area and on the lots of any lot owners who share ownership of the open space area. Notwithstanding, the Village is under no obligation to maintain such open space areas.

H. Mixed uses. Residential and nonresidential uses may be combined in a cluster subdivision, provided that all required approvals are obtained and that the applicant complies with all residential density, lot coverage, use, and minimum protected open space requirements. An applicant for a mixed-use cluster subdivision may submit one application for both subdivision and site plan approval, which shall be reviewed as a comprehensive specific development plan by the Planning Board. A mixed use cluster subdivision shall not allow uses otherwise prohibited in the applicable zoning district.

I. Parcels in more than one district. Density calculations shall be made separately for the portion of the parent parcel in each district. This density may then be combined and distributed anywhere within the parent parcel, provided that the layout and design are consistent with the purposes of each district and that dwelling units are generally clustered at higher densities in the higher density district.

J. Public hearing. The proposed subdivision or site plan shall be subject to review at a public hearing pursuant to § 7-728 of Village Law for the approval of subdivision plans, or pursuant to the site plan hearing requirements set forth in this chapter.

K. Filing. On the filing of the plat in the office of the County Clerk or register, a copy shall be filed with the Village Clerk, who shall make appropriate notations and references thereto in the Village zoning law or map.

§ 402-49 Federal flood hazard area regulations.

A. Statement of purpose. Within the Village of Sloatsburg there exist certain flood hazard areas subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. It is the purpose of flood hazard regulations to promote the public health, safety, and general welfare and to minimize those losses described above by provisions designed to:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood or cause increased flood heights or velocities.

(2) Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction.

(3) Protect individuals from buying lands that are unsuited for intended purposes because of flood hazards.

B. Flood hazard areas. Flood hazard areas within the Village of Sloatsburg are depicted on Flood Insurance Rate Maps and Flood Boundary Floodway Maps as promulgated by the Federal Emergency Management Agency effective March 3, 2014, which maps may be amended from time to time. For regulations controlling development in flood hazard areas, see the separately adopted Flood Hazard Regulations of the Village of Sloatsburg.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 402-50 Rockland County stream regulations.

A. Statement of purpose. Within the Village of Sloatsburg there exist certain stream channel lines shown on the Official Map of Rockland County, so identified to assist in the alleviation of recurring flood damage to public and private property and the prevention of danger to the public health and safety.

B. The Planning Board shall not approve any final site plan, final subdivision plan or special permit for property under the jurisdiction of the Rockland County Drainage Agency until the requirements of that agency have been met.

C. The Building Inspector shall not issue a building permit for any structure, improvement or building that is under the jurisdiction of the Rockland County Drainage Agency until the requirements of that agency have been met.

§ 402-51 Wild, Scenic and Recreational River regulations.

A. Statement of purpose. Within the Village of Sloatsburg, the Ramapo River has been designated a Recreational River by the NYS Department of Environmental Conservation. The purpose of the Wild, Scenic and Recreational Rivers system is to preserve designated rivers and their immediate environs in a free-flowing condition, to protect their outstanding natural, scenic, ecological, recreational, aesthetic, botanical, geological, hydrological, fish and wildlife, historical, cultural, archaeological and scientific values.

B. Every application for a building permit, site plan, subdivision plan, special use permit, wetland permit, zoning amendment, use or area variance, or other similar action shall be reviewed by the Building Inspector to determine if said action is proposed on a property located within the Ramapo River Recreational River corridor. Where the property is located wholly or partly in the recreational river corridor, the Building Inspector shall notify the applicant of the parcel's location within the corridor, and the applicant shall be responsible for conferring with NYSDEC as to the need for any permits and approvals from that state agency. The Building Inspector shall notify the applicable local reviewing agency of the property's inclusion in the recreational river corridor.

C. No building permit shall be issued, nor shall any site plan, subdivision plan, special permit, wetland permit, zoning amendment, use or area variance or other local approval be issued until such time that a permit or approval is secured from the NYSDEC to conduct the proposed activity within the Ramapo Recreational River corridor, or until the NYSDEC has submitted to the applicant or the Village, in writing, that the activity is exempt from any permits or approvals. An approving agency may condition any approval on the receipt of a NYSDEC permit.

§ 402-52 Excavations, soil mining, quarrying.

Uses prohibited. The excavation of materials including but not limited to soils, rock, and other natural aggregate material for commercial sale is prohibited.

§ 402-53 Tree preservation; shade trees.

A. Purpose. It is the policy of the Village of Sloatsburg to protect forested woodland in its natural state, and to limit clearcutting of vegetation and substantial tree specimens. For purposes of these regulations, a "substantial tree specimen" is a tree with a diameter of eight inches or more measured at least four feet above ground level, or trees planted by the Village of Sloatsburg pursuant to the Chapter 366, Trees, or planted pursuant to Chapter 345, Subdivision of Land, or other applicable regulations or ordinances or local laws.

B. Removal of trees regulated. The moving or removing of existing trees for any purpose other than those excepted under the provisions of this chapter, shall be allowed only by a tree removal permit issued by the Planning Board, subject to Article XV, Site Plan Approval, of this chapter. In order to determine the locations of substantial tree specimens, the Planning Board, at its discretion, may require submission of a tree survey which indicates the tree species, its diameter and the condition of the tree. The area of any area to be surveyed shall be determined by the Planning Board based on the nature of the application and disturbances being proposed.

C. Exempt activities. The following activities shall be exempt from the provisions of this section:

(1) The removal of trees incident to highway or public utility construction or maintenance conducted by a public agency, such as the Village Highway Department, the Rockland County Highway Department, or the New York State Department of Transportation.

(2) The removal of trees or shrubs from a property in existing one-family or two-family dwelling use, provided the lot cannot be further subdivided into two or more conforming lots pursuant to the zoning regulations for the district in which the property is located. No more than two trees shall be removed per year.

(3) Removal of trees or shrubs from a parcel of property by the Village of Sloatsburg or by a developer pursuant to site plan or subdivision approval of the Planning Board.

(4) Dead or dying trees that pose an imminent hazard to public safety.

D. Expiration. No permit for removal of trees shall be granted for a period of more than one year, but such permit may be extended for an additional two years upon approval of the Planning Board, provided a request for an extension is made in writing and received by the Village prior to any expiration of the permit.

E. Escrow required. The applicant shall furnish a performance bond, cash escrow or other such arrangement as may be acceptable to the Planning Board, upon the advice of the Village Attorney and Village Engineer, to be sufficient to guarantee completion of the tree removal plan. Such security shall be released only upon certification by the Village Engineer that all requirements of this subsection, including the finished grading and drainage, have been complied with.

F. Standards for tree plantings. Where required by any provision of this chapter, or as required by Chapter 366, Trees, or Chapter 345, Subdivision of Land, any new tree to be planted shall have a minimum 2.5-3 inch caliper. The tree species used in any planting plan shall be selected based on a consideration of their proposed location on a site. For example, trees located beneath overhead utility lines shall be selected based on maximum growth habit, etc. A landscape architect may be retained to review any plans where plantings are proposed to ensure that the specimens used are suitable to their proposed location.

G. Shade trees. In lieu of planting trees, a person may make a deposit with the Village or its agents, in accordance with Chapter 366, Trees, to be used for the sole purpose of planting and maintaining shade trees. No street shall be accepted for dedication nor shall a certificate of occupancy be granted until the Village or its agents is satisfied that compliance, where necessary, has been had with the provisions of Chapter 366, Trees, and this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 402-54 Highlands biodiversity study.

A. Objective. The Village of Sloatsburg is situated in the biologically rich and diverse Highlands physiographic province, the full extent of which is bounded by the New Jersey/Pennsylvania border (southwest) and the New York/Connecticut border (northeast). According to the 2002 New York-New Jersey Highlands Regional Study, endangered or threatened species within the Highlands region include federally listed species such as the bog turtle, bald eagle, Indiana bat, and swamp pink. State-listed endangered and threatened species in the Highlands include the timber rattlesnake, wood turtle, red-shouldered hawk, barred owl, great blue heron (breeding), and eastern wood rat. There are also several globally rare species in the Highlands including Torrey's mountain mint, New England bluet, and the triangle floater. The Village of Sloatsburg recognizes its location within the Highlands region and seeks to balance development with the protection of the various biological resources identified in the Highlands Study.

B. Biodiversity study required. Except for the development of a one-family dwelling, no special use permit, subdivision, site plan or other permit application involving 10 acres or more shall be deemed complete until such time that the applicant has submitted a Biodiversity study documenting the natural habitat and resources that are contained on the subject property. The study shall be prepared by a qualified ecologist with training in the biological sciences, and the study shall take into account species that may be present at different seasons of the year. The study shall be valid for a period of three years. Should the review of an application be ongoing after three years from the date of the biodiversity study, the Planning Board may require an update to the study. Nothing herein shall limit the Planning Board or other Village agency with approval authority from requiring preparation of a biodiversity study for a smaller parcel in conjunction with the environmental review of any application subject to the State Environmental Quality Review Act.

§ 402-55 Steep slope protection.

A. Purpose. It is the intent of the Village of Sloatsburg to preserve extremely steep slopes, defined as any slope that is 25% or greater, in their natural state 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 runoff, alteration of scenic views, and destruction of potentially significant habitat, which may result from disturbance of steep slopes.

B. Findings.

(1) Steep slopes 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.

(2) 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 mitigation measures, are required.

(3) The Village of Sloatsburg's experience with past development has shown that inadequately controlled disturbance of certain steep slopes can lead to erosion and sedimentation including the loss of topsoil, damage to the natural environment, and the failure of slopes and the mass movement of earth resulting in rockslides and landslides threatening man-made structures and personal safety.

(4) Improperly managed disturbance is detrimental to the Village of Sloatsburg and can result in public and private expenditures for corrective measures.

(5) 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 uses 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.

C. Exempt and regulated activities.

(1) Exempt activities. Any customary landscaping involving minor grading or filling in connection thereto is allowed without the need to obtain a permit, provided that such activities conform to all other applicable laws of Village of Sloatsburg. "Customary landscaping" shall mean land maintenance involving tree trimming and pruning, the removal of dead or diseased vegetation, lawn and garden care and the planting of decorative trees, shrubs and plants.

(2) Regulated activities. It shall be unlawful to create any disturbance on an extremely steep slope as defined in this chapter, other than an exempt activity as defined herein, without a steep slope permit as required by this section.

D. Approval authority. The approval authority with respect to steep slope permit applications shall be as follows:

(1) The Sloatsburg Planning Board shall be the approval authority with respect to any site plan, subdivision, special use, or other application which requires the issuance of a permit or approval by it pursuant to the local laws of the Village of Sloatsburg.

(2) The Village Engineer shall be the approval authority with respect to all other regulated activities.

E. Permit procedures. A steep slope permit application shall be filed with the approval authority and shall contain the following information, except when waived by it as not pertinent or necessary for the proposed disturbance. Said information shall not be required if otherwise provided on an application being reviewed concurrently by the approval authority.

(1) Name of the applicant and mailing address.

(2) Name of the property owner and mailing address, if different.

(3) The street address and Tax Map designation of property for which a permit is sought.

(4) A statement of the proposed work and purpose thereof.

(5) 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 50 feet (unless otherwise specified by the approval authority). Such plans shall be sealed by a professional engineer or professional surveyor licensed in the State of New York and shall 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 50 feet of the outer limits of the construction or area of disturbance.

(b) The existing and proposed contours at two-foot intervals in the area of the proposed disturbance and to a distance of 50 feet beyond.

(c) The location of trees with a diameter of eight inches or more measured at four feet above ground level.

(d) Cross sections of steep slopes.

(e) Retaining walls or like constructions, with details of construction, including retaining wall heights.

(f) A soil erosion and sediment control plan.

(g) 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.

(h) An application fee in the amount set forth in a fee schedule established by the Sloatsburg Village Board.

F. Decision time frame. A determination shall be made simultaneously with the determination by the approval authority of the other building, site plan, subdivision, or other permit or approval for which the application was made. For activities not requiring any other permit or approval, the decision shall be made within 60 days of an application deemed complete by the approval authority. Where a steep slope permit is granted in conjunction with site plan or subdivision plan approval, the steep slope permit approval shall duly be noted on the plan including a description of any conditions attached to said approval.

G. Conditions. In approving any application, the approval authority may impose such conditions or limitations as it deems necessary to ensure compliance with the intent, purposes, and standards of this section.

(1) 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 Village of Sloatsburg compliance with the conditions and limitations set forth in the permit.

(2) The approval authority or its representative may inspect activities undertaken pursuant to the permit so as to ensure satisfactory completion, the cost of which shall be reimbursed by the applicant.

(3) The approval authority may require that the activities undertaken pursuant to a permit be supervised by an appropriate licensed professional, the cost of which shall be reimbursed by the applicant.

H. Duration of permit.

(1) 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.

(2) A permit shall expire upon completion of the activities specified. Said permit shall be valid for a period of one year from the date of approval or for the period of any other permit issued by the approval authority, whichever is later.

(3) A permit may be extended by the approval authority for no more than one year from the date of the expiration of the original permit. A request for an extension shall be filed with the approval authority at least one month prior to its expiration.

(4) A permit may be revoked or suspended where the applicant has not complied with the conditions or limitations set forth in the permit.

I. 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 action with the findings set forth in this section. Disturbance of steep slopes shall conform to the following standards:

(1) The proposed activity constitutes the minimum disturbance necessary to allow the property owner reasonable use of the property.

(2) The applicant shall have the burden of demonstrating, by clear and convincing evidence, that the applicant's circumstances are compelling and exceptional, including, at a minimum, demonstrating by clear and convincing evidence that no reasonable use of the site, lot or parcel is possible without disturbance to an extremely steep slope.

J. Steep slope design standards.

(1) The proposed activity shall constitute the minimum disturbance necessary to allow the property owner reasonable use of the property.

(2) 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.

(3) The terracing of building sites, including the mounding of septic fields, shall be kept to an absolute minimum.

(4) All buildings, structures, roads and driveways shall follow the natural contours of the land to the greatest extent possible in order to minimize disturbed area and the potential for erosion and shall be consistent with other applicable regulations of the Village of Sloatsburg and current engineering practices.

(5) The Planning Board, as an approval authority, may reduce the total number of building lots in a subdivision where it finds that such reduction provides the best mitigation to avoiding any adverse impact to extremely steep slopes.

(6) The Planning Board, as an approval authority, may impose limits on the number of dwellings, proposed building size, amount of development coverage, and amount of proposed disturbance, in order to reduce or eliminate impacts to extremely steep slopes.

(7) The maximum length of any retaining wall, including road retaining walls, shall not be more than 100 linear feet and the maximum height of a retaining wall shall not be more than six feet. All slopes greater than 100 feet in length or six feet in height shall be landformed, provided that the Planning Board has determined that same is necessary for the reasonable use of land.

(8) Design of retaining walls shall be certified by a New York State licensed engineer and approved by the Village.

(9) The approval authority shall require the installation of landscaping to mitigate the visual and erosional impacts associated with proposed cuts or expansive lengths and/or heights of retaining walls.

(10) The approval authority may require parking and driveways to consist of an all weather surface to ensure adequate and safe access.

(11) The maximum height of any cut used to establish a building site, a road or a driveway shall not exceed 20 feet.

(12) Cuts and fills shall be rounded off to eliminate sharp angles at the top, bottom and sides of regraded slopes.

(13) The angle of cut and fill slopes shall not exceed a slope of one vertical to two horizontal except where retaining walls, structural stabilization, or other methods acceptable to the Village Engineer and approved by the approval authority. Said structural measures shall meet the standards set forth herein.

(14) 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 feet plus 1/2 the height of the cut or fill. Nevertheless, a structure built on a slope or at the toe of slope is permitted if it is properly designed to retain the slope and withstand the forces exerted on it by the retained slope.

(15) The limits of construction shall be clearly designated on the property itself to minimize disturbed area. No disturbance outside the designated area shall take place.

(16) Replanting, where necessary to stabilize a slope, shall consist of indigenous vegetation and shall replicate the original vegetation on the site as much as possible.

(17) Regrading shall blend in with the natural contours of the land.

(18) 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 laws and regulations of the Village of Sloatsburg and the State of New York.

(19) Disturbance of steep slopes shall be undertaken in workable units in which the disturbance can be completed and stabilized in one construction season so that areas are not left bare and exposed during winter and spring thaw periods (December 15 through April 15).

(20) Disturbance of existing vegetative ground cover shall not take place more than 15 days prior to grading and construction.

(21) 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 days of establishing final grade, and permanent stabilization must be applied within 15 days of establishing final grade.

(22) Measures for the control of erosion and sedimentation shall be undertaken consistent with the New York Standards and Specifications for Erosion and Sediment Control, (NYSDEC, August 2005, or most current version or its successor, hereafter referred to as the Erosion Control Manual) and any permit requirements that may be required by that agency.

§ 402-56 Dry sewers.

A. No property owner, builder, or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities unless a suitable and approved method of wastewater disposal conforming to this chapter is available. All housing construction or building development which takes place after this chapter is enacted shall provide for an approved system of sanitary sewers as per this section of the chapter.

B. Public sewer unavailable; private wastewater disposal required. Where public sanitary sewer service is not immediately available, a use shall be connected to a private on-site wastewater disposal system complying with the regulations of the Rockland County Department of Health. Notwithstanding the foregoing, any new construction must make provision for any planned public sewer construction or extension.

C. Proper design. New sanitary sewers and all extensions to sanitary sewers to be installed shall be designed by a professional licensed to practice sewer design in New York State, in accordance with the Recommended Standards for Sewage Works as adopted by the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers ("Ten State Standards"), the Construction Standards for Rockland County Sewer District, and in strict conformance with all requirements of the NYS DEC. Plans and specifications shall be submitted to, and written approval shall be obtained from, the Rockland County Health Department, Rockland County Sewer District, the NYSDEC, and/or all agencies having jurisdiction over same, before initiating any construction. The design shall anticipate and allow for flows from all possible future extensions or developments with the immediate drainage area.

D. Dry sewers. Dry sewers shall be designed and installed in accordance with these regulations. This shall specifically include installation of sewer mains in the bed of any road extension. Such mains shall be approved by the Rockland County Sewer District.

§ 402-57 Wetlands and watercourses.

A. Intent. In their natural state, wetlands serve multiple functions, including:

(1) Removing pollutants from surface waters by trapping sediment, removing nutrients and detoxifying chemicals;

(2) Recharging groundwater, including aquifers, and surface waters, thereby maintaining stream flows needed by plants and animals to survive;

(3) Controlling flooding by storing and then slowly releasing stormwater runoff;

(4) Stabilizing shorelines by protecting against erosion caused by stream currents and waves;

(5) Providing unique or essential habitat for diverse fish and wildlife species, including many of those on the New York State and federal lists of special concern, threatened, rare and endangered species;

(6) Supporting unique vegetative associations specifically adapted for survival in low oxygen environments and/or brackish or salt water;

(7) Providing areas of unusually high plant productivity which support wildlife diversity and abundance;

(8) Providing open space and visual relief from intense development in urbanized and growing areas;

(9) Providing recreational opportunities, including fishing, hunting, nature study, hiking and wildlife watching; and

(10) Serving as outdoor laboratories and living classrooms for the study and application of biological, natural and physical sciences.

B. Effect of wetland and watercourse loss. Wetlands and watercourses have been lost or impaired by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural characteristics of these resources. Remaining wetlands and watercourses are in jeopardy of being eliminated, altered, despoiled, or impaired by such acts, contrary to public safety and welfare. It is therefore the policy of the Village to protect its citizens, including generations yet unborn, by preventing the despoliation and destruction of wetlands and watercourses while taking into account varying ecological, water quality, economic, recreational, and aesthetic values. Activities that may damage the functions or cause the loss of wetlands and watercourses should be avoided and, where avoidance is not practicable, minimized to the fullest practicable extent. Any remaining impact to the functions and benefits of wetlands and watercourses and any loss of wetlands should then be compensated by restoring or creating wetlands.

C. Purpose. It is the intent of the Village that activities within or adjacent to wetlands and watercourses conform with all applicable building codes, sediment control regulations, and other regulations, and that such activities not threaten public safety, the natural environment, or cause nuisances by:

(1) Impeding flood flows, reducing flood storage areas or destroying storm barriers, thereby resulting in increased flood heights, frequencies, or velocities on other lands;

(2) Increasing water pollution through location of domestic waste disposal systems in wet soils; inappropriate siting of stormwater control facilities; unauthorized application of fertilizers; pesticides; herbicides and algaecides; disposal of solid wastes at inappropriate sites; creation of unstable fill; or the destruction of wetland soils and vegetation serving pollution and sediment control functions;

(3) Increasing erosion;

(4) Decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered;

(5) Interfering with the exchange of nutrients needed by fish and other forms of wildlife;

(6) Decreasing habitat for fish and other forms of wildlife;

(7) Adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies;

(8) Significantly altering the wetland hydro period and thereby causing either short- or long-term changes in vegetative composition, soils characteristics, nutrient recycling, or water chemistry;

(9) Destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas;

(10) Interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, bird watching, photography, camping, and other passive uses; or

(11) Destroying or damaging aesthetic and property values, including significant public vistas.

D. Applicability. These regulations shall apply to all land defined as wetland, watercourse or wetland/watercourse buffer and to any regulated activity as defined in this section.

E. The boundaries of a wetland or watercourse shall be established by a delineation prepared by a certified wetland scientist and shall be surveyed by a licensed land surveyor unless the survey is waived by the Planning Board. The Planning Board may consult, and/or may require the applicant to consult with wetland scientists, biologists, hydrologists, soil scientists, ecologists/botanists, or other experts as necessary to make this determination.

F. Grandfathered projects. The provisions of this chapter shall not apply to any land use, improvement or development for which final approval shall have been obtained prior to the effective date of this chapter from the local governmental authority or authorities having jurisdiction over such land use. As used in this section, the term "final approval" shall mean:

(1) In the case of the subdivision of land, conditional approval of a final plat;

(2) In the case of a site plan not involving the subdivision of land, approval by the Planning Board; and

(3) In those cases not covered by Subsection F(1) or (2) above, the issuance of a building permit or other authorization for the commencement of the use, improvement or development for which such permit or authorization was issued or in those local governments which do not require such permits or authorizations, the actual commencement of the use, improvement or development of the land.

G. Permit required. No activity shall be conducted in a wetland, watercourse or wetland buffer without approval from the Planning Board and issuance of a wetland permit by the Building Inspector.

H. Activities exempt from this section. The following activities shall be exempt to the extent that they are not prohibited by any other law:

(1) Normal ground maintenance including mowing, trimming of vegetation and removal of dead or diseased vegetation around a dwelling;

(2) Selective tree cutting as defined by this chapter;

(3) Decorative landscaping and planting in wetland buffers, excluding those activities regulated herein; and

(4) Public health activities, orders, and regulations of the Rockland County Department of Health and/or the New York State Department of Health for emergencies only.

I. Regulated activities. The following activities require a wetland permit:

(1) Placement or construction of any structure;

(2) Any form of drainage, dredging, excavation, or removal of material either directly or indirectly;

(3) Any form of dumping, filling, or depositing of material either directly or indirectly;

(4) Installation of any service lines or cable conduits;

(5) Introduction of any form of pollution, including but not limited to the installation of a septic tank, the running of a sewer outfall, or the discharging of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland,

(6) Alteration or modification of natural features and contours;

(7) Alteration or modification of natural drainage patterns,

(8) Construction of dams, docks, or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics;

(9) Installation of any pipes or wells;

(10) Clear cutting;

(11) Deposition or application of organic or inorganic chemicals, including herbicides and pesticides regulated pursuant to Article 33 of the New York Environmental Conservation Law and Article 16 of the New York Public Health Law;

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(12) And any agricultural activity which involves filling, draining or excavation of a wetland;

(13) Any other activity that may impair the natural function(s) of a wetland as described in Subsection A of this section.

J. Permit procedures.

(1) No regulated activity shall be conducted without the approval of the Planning Board and issuance of a wetland permit from the Building Inspector. Application for a permit shall be made in duplicate to the Planning Board on forms furnished by the Village Clerk.

(2) The Planning Board shall establish a mailing list of all interested persons and agencies who wish to be notified of such applications. Upon receipt of the completed application, the Planning Board shall notify the individuals and agencies, including federal, state, county and local agencies having jurisdiction over or an interest in the subject matter, to provide such individuals and agencies with an opportunity to comment.

(3) An application shall not be deemed complete until and unless an applicant has complied fully with the procedures of the State Environmental Quality Review Act (Article 8 of the State Environmental Conservation Law).

(4) All permits shall expire on completion of the acts specified and, unless otherwise indicated, shall be valid for a period of one year from the date of issue. An extension of an original permit may be granted upon written request to the Approval Authority by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. The Planning Board may require new hearings if, in its judgment, the original intent of the permit is altered or extended by the renewal, or if the applicant has failed to abide by the terms of the original permit in any way. The request for renewal of a permit shall follow the same form and procedure as the original application except that the Planning Board shall have the option of not holding a hearing if the original intent of the permit is not altered or extended in any significant way.

K. Permit application. Prior to any person proposing to conduct or causing to be conducted a regulated activity as defined in § 402-57I, shall file an application for a permit with the Planning Board together with a filing fee. All permit applications must include the following information:

(1) Name, address, and telephone number of the applicant and/or owner (if the applicant is not the owner, the written consent of the owner must be attached);

(2) Street address and Tax Map designation of the property;

(3) Statement of proposed work and purpose thereof, and an explanation why the proposed activity cannot be located at another site, including an explanation of how the proposed activity is dependent on wetlands or other water resource(s);

(4) A list of the names of the owners of record of lands adjacent to the wetland or watercourse and wetland/watercourse buffer in which the project is to be undertaken, and the names of known claimants of water rights, of whom the applicant has notice, which relate to any land within or within 100 feet of the boundary of the property on which the proposed regulated activity would be located;

(5) Plans for the proposed site improvements, which shall be certified by an engineer, architect, land surveyor, or landscape architect licensed in the State of New York, drawn to a scale no less detailed than one inch equals 40 feet, and showing the following:

(a) A delineation of the boundaries of all wetlands and watercourses that shall have been conducted within 12 months of the date of filing the application;

(b) A description of the vegetative cover, soils, and hydrology of the regulated area;

(c) Location of the construction area or area proposed to be disturbed, and its relation to property lines, roads, buildings, and watercourses within 250 feet of the proposed activity;

(d) The exact locations and specifications for all proposed draining, filling, grading, dredging, and vegetation removal, including the amount computed from cross-sections, and the procedures to be used;

(e) Location of any well(s) and depth(s) thereof, and any disposal system within 50 feet of area(s) to be disturbed,

(f) Existing and proposed contours at two-foot intervals in all proposed areas to be disturbed areas and to a distance of 50 feet beyond. The Planning Board may require that the topography be shown for a larger area where it determines such information is necessary to determine potential effects to the wetland or watercourse;

(g) Details of any drainage system proposed both for the conduct of work, and after completion thereof, including locations of discharges to the wetland or watercourse;

(h) Where creation of a lake or pond is proposed, details of the construction of any dams, embankments, outlets or other water control devices; and analysis of the wetland hydrologic system, including seasonal water fluctuation, inflow/outflow calculations, and subsurface soil, geology, and groundwater conditions;

(i) Where creation of a stormwater management facility is proposed, details of same;

(j) Details of proposed erosion and sediment control practices to be implemented and a schedule for installation and maintenance;

(k) An Environmental Assessment Form, Part 1;

(l) Any additional information that may be required by the Planning Board to evaluate the application and make a determination.

(6) A fee shall accompany the wetland permit application in accordance with the Village of Sloatsburg Standard Schedule of Fees and § 402-94 of this chapter.

(7) All information relating to a permit application shall be maintained in the office of the Planning Board.

(8) The Planning Board, its agents or employees, may enter upon any lands or waters for good cause shown for the purpose of undertaking any investigations, examination, survey, or other activity for the purposes of this section.

L. Public hearing. The Planning Board shall hold a public hearing within 62 days of a complete application and shall publish notice thereof in a newspaper having a general circulation in the Village of Sloatsburg at least 15 days prior to the public hearing. Insofar as possible, any public hearing on the application shall be integrated with any public hearing required or otherwise held pursuant to any other law, including the State Environmental Quality Review Act. All hearings shall be open to the public. Any party may present evidence and testimony at the hearing. At the hearing, the applicant shall have the burden of overcoming a presumption that the proposed activity will not be in accord with the goals and policies of this chapter and the standards set forth below.

M. Standards for permit decisions. In approving, disapproving or approving a wetland permit with modifications, the Planning Board shall evaluate the impact of the proposed activity upon public health, safety and welfare, flora and fauna, water quality, and the wetland functions listed in § 402-57A of this section. The Planning Board shall consider the direct and indirect impact of the proposed activity upon wetlands and watercourses and adjacent properties and their use, including but not limited to the:

(1) Infill of a wetland or other modification of natural topographic contours;

(2) Disturbance or destruction of natural flora and fauna;

(3) Influx of sediments or other materials causing increased water turbidity or substrate degradation;

(4) Removal or disturbance of wetland soils;

(5) Reduction in wetland ground or surface water supply;

(6) Interference with wetland water circulation;

(7) Damaging reduction or increase in wetland nutrients;

(8) Influx of toxic chemicals and/or heavy metals;

(9) Damaging thermal changes in the wetland water supply; and

(10) Destruction of natural aesthetic values,

(11) Any existing wetland impact(s) and the cumulative effect of reasonably anticipated future activities in or adjacent to the wetland subject to the application;

(12) The impact of the proposed activity upon drainage, shoreline protection, and water quality;

(13) The safety of the proposed activity from flooding, erosion, hurricane winds, soil limitations, and other hazards, and possible losses to the applicant and subsequent purchasers of the land,

(14) The adequacy of water supply and waste disposal for the proposed use;

(15) Consistent with federal, state, county and municipal comprehensive land use plans, and regulations, the availability of alternative locations on the subject parcel or, in the case of an activity which cannot be undertaken on the property without disturbance to wetlands, the availability of other reasonable locations for the activity whether or not such locations are under the ownership or control of the applicant; and

(16) Demonstration by the applicant that any direct and indirect impact has been avoided to the maximum extent practicable and that any remaining unavoidable direct and indirect impact has been minimized to the extent practicable.

N. Decisionmaking. The Planning Board shall deny a permit if the proposed activity may threaten public health, safety or welfare, result in fraud, cause nuisances, impair public rights to the enjoyment and use of public lands and waters, threaten a federal or state rare, threatened, endangered or species of concern plant or animal species, violate pollution control standards, or violate any other local, Rockland County, state or federal regulations or laws. Approval may be given to activities that must have a wetland location to function and that will have as little impact as possible upon the wetland, watercourse and/or wetland/watercourse buffer. In general, permission will not be granted for dredging or ditching solely for the purpose of draining wetlands, controlling mosquitoes, creating ponds, providing spoil and dump sites, or building roads or structures that may be located elsewhere. The regulated activity must, to the extent feasible, be confined to the portion of a lot outside of a wetland and wetland buffer. All reasonable measures must be taken to minimize direct and indirect impacts upon the wetland.

O. Permit conditions. A wetland permit may be issued with conditions. Such conditions may be attached as the Planning Board deems necessary to assure the preservation and protection of affected wetlands and to assure compliance with the policy and provisions of this section of this chapter. The following shall apply:

(1) Every permit issued pursuant to this chapter shall be in written form and shall contain the following conditions:

(a) Work conducted under a permit shall be open to inspection at any time, including weekends and holidays.

(b) The permit shall expire on a specified date; unless otherwise indicated, the permit shall be valid for one year, except that a mitigation plan, as described below, shall be in full force and effect beyond the one year permit period.

(c) The permit holder shall notify the Planning Board, in writing, of the date on which the regulated activity is to begin at least five days in advance of such date.

(d) The wetland permit shall be prominently displayed at the project site while the regulated activity is undertaken.

(e) The boundaries of the regulated activity and wetlands and watercourses shall be staked and appropriately marked in the field so as to be clearly visible to those at the project site.

(2) The Planning Board shall set forth in writing its findings and reasons for all conditions attached to any permit. Such conditions may include, but shall not be limited to:

(a) Limitations on the size of the activity;

(b) Limitations on the total portion of any lot or the portion of the wetland on the lot that may be cleared, regraded, filled, drained, excavated or otherwise modified;

(c) Modification of waste disposal and water supply facilities;

(d) Imposition of operation controls, sureties, and deed restrictions concerning future use and subdivision of lands such as preservation of undeveloped areas in open space use, and limitation of vegetation removal;

(e) Dedication of easements to protect wetlands;

(f) Erosion control measures;

(g) Setbacks for structures, fill, excavation, deposit of spoil, and other activities from the wetland or watercourse;

(h) Modifications in project design to ensure continued ground and surface water supply to the wetland and circulation of waters; and/or replanting of wetland vegetation or construction of new wetland areas to replace damaged or destroyed areas.

P. Mitigation of wetland loss.

(1) The Planning Board shall require preparation of a mitigation plan by the applicant when the applicant has demonstrated that wetland or watercourse impacts are necessary and unavoidable and have been minimized to the maximum extent practicable. In the evaluation of the least environmentally-damaging, practicable alternatives, mitigation may not be used as a means of reducing environmental impacts; a mitigation wetland is designed to replace lost wetland acreage and functions. For the purposes of this chapter, wetland impacts are necessary and unavoidable only if all of the following criteria are satisfied:

(a) The proposed activity is compatible with the public health and welfare;

(b) There is no feasible on-site alternative to the proposed activity; and

(c) There is no feasible alternative to the proposed activity on another site that is not a wetland or wetland/watercourse buffer.

(2) Mitigation plan requirements. A mitigation plan shall specify measures that provide for replacement wetlands that shall recreate the wetland loss in terms of type, function, geographic setting, and that is larger, by a ratio of at least 1.5 to one, than the wetland loss. On-site mitigation shall be the preferred approach. Off-site mitigation shall be permitted only in cases where on-site alternatives are not possible; in these instances, emphasis should be placed on mitigation within the same general watershed as the original wetland.

(3) Mitigation may take the following forms, either singly or in combination, for disturbances in wetland/watercourse buffers and wetlands:

(a) For disturbance to a wetland/watercourse buffer:

[1] Implementation of preventative practices to protect the natural condition and functions of the wetland; and/or

[2] Restoration or enhancement (e.g., improving the density and diversity of native woody plant species) of remaining or other upland buffer to offset the impacts to the original buffer.

(b) For disturbance to a wetland:

[1] Restoration of areas at a ratio of at least 1.5 (restored wetland) to 1.0 (impacted wetland) to bring back one or more of the functions that have been partly or completely lost by the proposed activity, provided the area of proposed mitigation occurs in a confirmed disturbed or degraded wetland having significantly lesser functional values as a result of disturbance or degradation; and/or

[2] The in-kind replacement of impacted wetland by the construction of new wetland, usually by flooding or excavating lands that were not previously occupied by a wetland, that recreates as nearly as possible the original wetland in terms of type, functions hydrographic location and setting, and that is larger than, by a ratio of at least 1.5 to 1.0, the original wetland.

(4) A mitigation plan prepared pursuant to this section and approved by the Planning Board shall become a condition of approval for a wetland permit. All mitigation plans shall include:

(a) A map with sufficient detail and at a scale to be able to determine where the wetland is located and its size, boundaries and topographic features.

(b) A narrative describing the specific objectives for the mitigation wetland or wetland/watercourse buffer, including the functions and benefits to be provided and clear performance standards and criteria for assessing project success.

(c) A description of the physical, hydrological and ecological characteristics of the impacted wetland and/or wetland/watercourse buffer and proposed restored and/or created wetland and/or buffer in sufficient detail to enable the Planning Board to determine whether wetland and/or buffer impacts will be permanently mitigated.

(d) Details on construction of the wetland.

(e) Construction schedule.

(f) Measures to control erosion and sedimentation during construction.

(g) Plantings including source of stock, procedures for transplanting/seeding the stock, area(s) to be planted, and planting schedule. Identify the source and measures to prevent introduction of undesirable exotic species.

(h) Chemicals: if applicable, explain why chemicals will be used and precautions to be taken to minimize their application and protect the wetland and/or watercourse from excessive chemicals.

(i) Details on management of the mitigation site, including measures to assure persistence of the wetland (e.g., protection against predation by birds and other animals), plans for monitoring the site during and after construction, including methods and schedule for data collection and provisions for mid-course corrections; provisions for long-term protection of the site (e.g., permanent conservation easement); and provision for bonding or other financial guarantees, a description of the periodic reporting, including at the end of construction, during the monitoring period and at the end of the monitoring period.

(j) Identify the name, qualifications and experience of the person(s) implementing the mitigation plan (i.e., contractor who will restore or construct the wetland).

(5) The Planning Board shall monitor mitigation projects, according to the specifications set forth in the permit, to ensure that the mitigation plan and permit conditions are satisfied. The Planning Board may charge the costs of monitoring the mitigation plan to the applicant. Mitigation plans shall be monitored for an appropriate period of time, as determined by the Planning Board, on a case-by-case basis. Long-term monitoring is generally needed to assure the continued viability of mitigation wetlands. In general, the monitoring period shall be from three to five years. The requirements for monitoring shall be specified in the mitigation plan and shall include, but not be limited to:

(a) The time period over which compliance monitoring shall occur;

(b) Field measurements to verify the size and location of the impacted wetland area and the mitigation (restored or replacement) wetland area;

(c) The date of completion of the restoration an/or replacement; and

(d) Field verification of the vegetative, hydrologic, and soils criteria as specified in the mitigation plan and permit.

Q. Performance bond. The Planning Board may require, prior to commencement of work under a wetland permit, that the Permittee post a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the wetland permit. The amount and the conditions of the bond shall be consistent with purposes of local law and shall remain in effect until the Planning Board certifies that the work has been completed in compliance with the terms of the permit and the bond is released by the Planning Board or a substitute bond is provided. In the event of a breach of any condition of any such bond, the Planning Board may institute an action in court upon such bond and prosecute the same to judgment and execution. The Planning Board shall set forth in writing in the file it keeps regarding a permit application its findings and reasons for imposing a bond.

R. Suspension or revocation of permits. The Planning Board may suspend or revoke a wetland permit if it finds that the Permittee has not complied with any or all of the terms of such permit. The Planning Board shall set forth in writing its findings and reasons for revoking or suspending a permit pursuant to this section. The Building Inspector may issue a stop-work order in accordance with this chapter.

S. Administrative sanctions. Any person who undertakes any regulated wetland activity without a permit issued hereunder, or who violates, disobeys, or disregards any provision of this section, shall be liable to the Village of Sloatsburg for civil damages caused by such violation for every such violation. Each consecutive day of the violation will be considered a separate offense. Such civil damages may be recovered in an action brought by the Municipality at the request and in the name of the Approval Authority in any court of competent jurisdiction.

T. Restitution. The Village of Sloatsburg shall have the authority, following a hearing before the Approval Authority and on notice to the violator, to direct the violator to restore the affected wetland to its condition prior to violation; insofar as that is possible, within a reasonable time and under the supervision of the Approval Authority or its designate. Further, the Approval Authority shall be able to require an adequate bond in a form and amount approved by the Approval Authority to ensure the restitution of the affected wetland. Any such order of the Approval Authority shall be enforceable in an action brought in any court of competent jurisdiction. Any order issued by the Approval Authority pursuant to this subsection shall be reviewable in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules. The Approval Authority may attach any order issued pursuant to this subsection to the land records of the Municipality for the property on which the violation occurred. This order shall remain attached to the land records for the duration of the violation; the Approval Authority shall, upon satisfactory removal of the violation, remove the order from the land records.

U. Criminal sanctions. Any person convicted of having violated or disobeyed any provision of this chapter, any order of the Planning Board or any condition of the wetland permit granted pursuant to this section, shall, for the first offense, be punishable by a fine of not less than $1,000. For each subsequent offense, such person shall be punishable by a fine of not less than $2,000, nor more than $15,000, and/or a term of imprisonment of not more than 15 days. Each consecutive day of the violation may be considered a separate offense.

V. The Village of Sloatsburg is specifically empowered to seek injunctive relief restraining any violation or threatened violation of any provisions of this chapter and/or compel the restoration of the affected wetland or wetland/watercourse buffer to its condition prior to the violation of the provisions of this section.

§ 402-58 Stormwater management.

A. Findings of fact. It is hereby determined that:

(1) Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;

(2) This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;

(3) Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

(4) Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation;

(5) Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

(6) Substantial economic losses can result from these adverse impacts on the waters of the municipality;

(7) Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

(8) The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.

(9) Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

B. Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the Village's residents and property owners and to address the findings of fact in Subsection A above by achieving the following objectives:

(1) Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges for Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised;

(2) Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised;

(3) Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

(4) Minimize increases in pollution caused by stormwater runoff from land development activities that would otherwise degrade local water quality;

(5) Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

(6) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

C. Applicability.

(1) These regulations shall apply to all land development activities as defined herein.

(2) The Village of Sloatsburg hereby designates the Village Engineer as the person who shall accept and review all stormwater pollution prevention plans and forward such plans to the Planning Board. The Village Engineer may: 1) review the plans, 2) upon approval of the Village Board, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or 3) accept the certification of a licensed professional that the plans conform to the requirements of this section.

(3) All land development activities subject to review and approval by the Sloatsburg Planning Board shall be reviewed subject to the standards contained in these regulations.

(4) All land development activities not subject to review as stated in Subsection C(3) above shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP) to the Village Engineer who shall approve the SWPPP if it complies with the requirements of this section.

D. Exemptions. The following activities may be exempt from review under this section.

(1) Agricultural activity as defined by this chapter.

(2) Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

(3) Repairs to any stormwater management practice or facility deemed necessary by the Village Engineer.

(4) Any part of a subdivision if a plat for the subdivision has received final approval from the Sloatsburg Planning Board on or before the effective date of this chapter.

(5) Land development activities for which a building permit has been approved on or before the effective date of this chapter.

(6) Cemetery graves.

(7) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

(8) Emergency activity immediately necessary to protect life, property or natural resources.

(9) Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

(10) Landscaping and horticultural activities in connection with an existing structure.

E. Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this chapter.

(1) Contents of stormwater pollution prevention plans. All SWPPPs shall provide the following background information and erosion and sediment controls:

(a) Background information about the scope of the project, including location, type and size of project.

(b) Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);

(c) Description of the soil(s) present at the site;

(d) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.

(e) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

(f) Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

(g) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;

(h) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(i) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j) Temporary practices that will be converted to permanent control measures;

(k) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m) Name(s) of the receiving water(s);

(n) Delineation of SWPPP implementation responsibilities for each part of the site;

(o) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(p) Any existing data that describes the stormwater runoff at the site.

(2) Land development activities meeting Conditions "A," "B" or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as applicable:

(a) Condition A. Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the NYSDEC 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

(b) Condition B. Stormwater runoff from land development activities disturbing five or more acres.

(c) Condition C. Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of one-family dwellings and construction activities at agricultural properties.

(3) SWPPP Requirements for Condition A, B and C:

(a) All information in § 402-58E(1).

(b) Description of each post-construction stormwater management practice;

(c) Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;

(d) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

(e) Comparison of post-development stormwater runoff conditions with pre-development conditions;

(f) Dimensions, material specifications and installation details for each post-construction stormwater management practice;

(g) Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;

(h) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;

(i) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with these regulations.

(4) Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.

(5) Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

(6) Contractor certification.

(a) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

(b) The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

(c) The certification statement(s) shall become part of the SWPPP for the land development activity.

(d) A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

F. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:

(1) Technical standards. The following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section:

(a) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

(b) New York Standards and Specifications for Erosion and Sediment Control, (NYSDEC, August 2005, or most current version or its successor, hereafter referred to as the "Erosion Control Manual").

(2) Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

G. Maintenance and repair of stormwater facilities.

(1) Maintenance during construction.

(a) The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(b) The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Village Engineer and also copied to the site log book.

(2) Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Sloatsburg to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Sloatsburg.

(3) Maintenance after construction. Permanent stormwater management practices installed in accordance with this law shall be operated and maintained to achieve the goals of this section. Proper operation and maintenance also includes as a minimum, the following:

(a) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section.

(b) Written procedures for operation and maintenance and training new maintenance personnel.

(c) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this section.

(4) Maintenance agreements. The Village of Sloatsburg shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B[1] of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement." The Village of Sloatsburg, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of these regulations and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

[1] Editor's Note: Schedule B is included as an attachment to this chapter.

H. Administration and enforcement.

(1) Construction inspection.

(a) Erosion and sediment control inspection. The Village of Sloatsburg Village Engineer may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of Sloatsburg Building Inspector at least 48 hours before any of the following as required by the Village Engineer:

[1] Start of construction.

[2] Installation of sediment and erosion control measures.

[3] Completion of site clearing.

[4] Completion of rough grading.

[5] Completion of final grading.

[6] Close of the construction season.

[7] Completion of final landscaping.

[8] Successful establishment of landscaping in public areas.

(b) If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by Village Engineer.

(2) Stormwater management inspections. The Village Engineer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

(3) Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

(4) Submission of reports. The Village Engineer may require monitoring and reporting from entities subject to this section as are necessary to determine compliance with this section.

(5) Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.

I. Performance guarantee.

(1) Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village of Sloatsburg in its approval of the stormwater pollution prevention plan, the Village of Sloatsburg may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Village of Sloatsburg as the beneficiary. The security shall be in an amount to be determined by the Village of Sloatsburg based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Village of Sloatsburg, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Village of Sloatsburg. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

(2) Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Village of Sloatsburg with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Village of Sloatsburg may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

(3) Record keeping. The Village of Sloatsburg may require entities subject to this section to maintain records demonstrating compliance with this section.

J. Enforcement and penalties.

(1) Notice of violation. When the Village of Sloatsburg determines that a land development activity is not being carried out in accordance with the requirements of this section, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

(a) The name and address of the landowner, developer or applicant;

(b) The address when available or a description of the building, structure or land upon which the violation is occurring;

(c) A statement specifying the nature of the violation;

(d) A description of the remedial measures necessary to bring the land development activity into compliance with these regulations and a time schedule for the completion of such remedial action;

(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(f) A statement that the determination of violation may be appealed to the Village of Sloatsburg by filing a written notice of appeal within 15 days of service of notice of violation.

(2) Stop-work orders. The Village of Sloatsburg may issue a stop-work order for violations of this section. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village of Sloatsburg confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section.

(3) Violations. Any land development activity that is commenced or is conducted contrary to these regulations, may be restrained by injunction or otherwise abated in a manner provided by law.

(4) Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

(5) Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of these regulations, the Building Inspector may prevent the occupancy of said building or land.

(6) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Village of Sloatsburg may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(7) Fees for services. The Village of Sloatsburg may require any person undertaking land development activities regulated by this law to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Sloatsburg or performed by a third party for the Village of Sloatsburg as set forth in § 402-94 of this chapter.

§ 402-59 (Reserved)