It is hereby declared to be the policy of the Board of Trustees
of the Village of Croton-on-Hudson that the natural topography of
the land of the Village is a public asset which should be preserved
and safeguarded; that topsoil, trees or other materials which constitute
the land, its plants and wildlife are of vital concern to the people
of the Village; and that changes shall be permitted in such topography
only when they are necessary in order to permit the proper, appropriate
and reasonable use of the land and water. It is the intent of this
chapter to regulate or restrict excavation, the removal of topsoil
or other materials or the filling, draining, clearing, operating and
using of any land in any manner which may:
A. Create hazardous or dangerous conditions by creating pits, holes
or hollows in the land, by creating or leaving unprotected banks or
ledges of exposed earth or by permitting or creating conditions which
cause the collection of water.
B. Impair the usefulness of the property involved or any surrounding
properties for the purposes for which they are zoned, fail to take
into consideration the contouring of land with relation to remaining
portions of the land affected or neighboring areas, interfere with
the zoning plan of the Village and reduce the value of the property
in question or other property in the Village.
C. Cause soil erosion which depletes the land of vegetative cover and
supply of organic material and result in the washing away of the soil,
erosion or deleterious interference with normal drainage.
D. Divert or cause water to collect on the property of others, interfere
with or overload any existing or planned drainage facilities in the
Village, cause excessive runoff, or result in the collection of pools
of water, with the possibility of health and safety hazards or the
lowering of the value of property affected.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, filing an application pursuant to this chapter.
APPROVING AUTHORITY
The Village agency or public official empowered to administer
the permit procedures of this chapter.
BUILDING PERMIT
The written permission granted by the Village Engineer for
the commencement of the erection, construction, enlargement, alteration,
removal, improvement, demolition, conversion or change in the nature
of the occupancy of any building or structure.
EXCAVATION
A lowering of the existing grade or the stripping of topsoil.
FILLING
A raising of the existing contour of the land.
GRADE or CONTOUR
The actual existing grade or contour of the land involved
at any point thereof and shall not mean the grade of the street or
streets adjoining said land.
LICENSED DESIGN PROFESSIONAL
A person licensed or registered in the State of New York
as a professional engineer, architect or landscape architect.
PERMIT
Permission granted for the excavation or filling of the land.
PERSON
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
VILLAGE ENGINEER
The person employed as a Village Engineer of the Village
of Croton-on-Hudson, or his or her designee.