A. 
An excavation and filling permit shall be required for the following actions in accordance with the provisions of this chapter, regardless of whether the action is carried out by relocating soil or other materials between the land and other properties or by redistributing the soil or other materials on the land itself:
(1) 
Excavation in excess of four feet over an area of 100 square feet or more.
(2) 
Excavation in excess of two feet over an area of 500 square feet or more.
(3) 
Any lowering of existing grade or stripping of topsoil over an area of 5,000 square feet or more, or over more than 50% of the area of the property, whichever is less, regardless of the depth of the cut.
(4) 
Excavation in excess of 50 cubic yards.
(5) 
Filling in excess of four feet over an area of 100 square feet or more.
(6) 
Filling in excess of two feet over an area of 500 square feet or more.
(7) 
Filling over an area of 1,000 square feet or more, regardless of the depth of the fill.
Notwithstanding the items in Subsection A(5), (6) and (7) above, the placement of topsoil not exceeding three inches in depth over an area not exceeding 5,000 square feet shall not require an excavation and filling permit, provided that said topsoil is immediately seeded and mulched.
B. 
A building permit shall constitute the excavation and filling permit when excavation and/or filling is limited in area and bulk to that strictly essential for and limited to the extent of the foundation, walls and basement of a building, or when excavation and/or filling is limited in area and bulk to that strictly essential for and limited to the construction of a wall, driveway, sidewalk, swimming pool, service connection, underground tank or other similar structure. The issuance of said building permit shall be subject to compliance with the provisions of § 120-8 of this chapter.
C. 
Where the Planning Board is the approving authority in connection with a site plan, minor site plan, subdivision plan, wetlands permit, steep slopes permit or tree removal permit, the approval from the Planning Board shall incorporate the excavation and filling permit.
The approving authority for all applications shall be the Village Engineer, except that the Planning Board shall be the approving authority for any application that is also the subject of a pending site plan, minor site plan, subdivision plan, wetlands permit, steep slopes permit or tree removal permit before the Planning Board in accordance with the requirements of the Code of the Village of Croton-on-Hudson.
Where the Village Engineer is the approving authority, three copies of the application shall be filed, and where the Planning Board is the approving authority, eight copies shall be filed. Each application shall be signed by the owner or lessee or agent of either, or by the building contractor, engineer or architect employed in connection with the proposed work, and shall contain or shall be accompanied by the following:
A. 
The name, address and contact information of the property owner.
B. 
A description of the property in sufficient detail to identify the same, including the street address, tax map number and zoning district, and a statement as to the existing use of the property.
C. 
The name, address, contact information and insurance documentation of the person or corporation who will carry out the operation.
D. 
A description of the proposed filling and/or excavation operation, the extent, in three dimensions, of the proposed regrading, the volume and type of material proposed to be removed or added, and the condition of the premises before the commencement of and the proposed condition of the premises after the completion of the proposed operation.
E. 
A site plan, prepared by a New-York-State-licensed design professional, drawn to scale, showing the location and dimensions of the premises to a point 50 feet beyond the boundaries thereof and showing existing and proposed topographic contours at two-foot intervals, showing distances from street or highway lines, distances from boundary lines of other owners, the proposed location, size and use of any existing buildings or utilities thereon, cross sections and elevations appropriate to indicate the effect of the operation upon the contour and grade of the premises and upon the relationship in contour and grade between the affected portion of the premises and the remainder of such property and any abutting land and highways after completion of the operation, the specific location of all live trees six inches in diameter or larger, measured at a point three feet above existing ground level, prior to regrading the area and along the twenty-five-foot-wide boundary strip around the grading area, with a note for each tree indicating removal or not, and mitigation measures intended to protect trees to be preserved in the vicinity of the filling and/or excavation operation and to protect other environmental resources; provided, however, the approving authority shall have the right to waive the necessity of furnishing topography. Where the Village Engineer is the approving authority, the Village Engineer has the discretion to eliminate the requirement that a New-York-State-licensed design professional needs to present the material listed in § 120-5E, but the same basic information shall be required from the applicant. The approving authority may require that a registered landscape architect, certified arborist or other tree professional provide the required information on trees.
F. 
A duly acknowledged written consent of the owner of the premises of the proposed operation.
G. 
Evidence showing payment of all Village taxes and assessments to-date against the premises.
H. 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any excavation and filling permit that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved excavation and filling permit shall be consistent with the provisions of Chapter 196, Article I.
The application shall be accompanied by a filing fee in an amount set by resolution of the Board of Trustees. The applicant shall also pay for professional review fees as provided for in Chapter 115, Environmental Compliance, and Chapter 178, Professional Fees, of the Village Code.
Before issuing any permit under this article, the approving authority may require the posting of a performance guaranty, bond or other security as a condition of approval, the amount and surety of such security to be approved by the Village Board of Trustees and the form of such security to be approved by the Village Attorney. The performance guaranty, bond or other security is intended to ensure the proper completion of the proposed activity in accordance with the approved plans, the restoration of disturbed areas to their natural condition as far as practicable, and protection of adjoining property owners from damage resulting therefrom. Prior to any bond reduction or release application, the Village Engineer may require the applicant to provide a certificate of construction compliance from a New-York-State-licensed design professional. The performance guaranty, bond or other security shall remain in effect until the Village Engineer certifies that the work has been completed in compliance with the terms of the permit, the approved plans, any certificate of construction compliance from a New-York-State-licensed design professional required by the Village Engineer, and any required restoration of the area or other required measures to protect adjoining property owners from damage, whereupon the bond shall be released or reduced after authorization of the Village Board of Trustees. A substitute performance guaranty, bond or other security may be provided as approved by the Village Board of Trustees.
In granting an excavation and filling permit under this chapter, the approving authority shall apply the following standards:
A. 
Any excavation to be made below the grade of surrounding property to a depth greater than four feet shall be properly guarded and protected during construction by a substantial fence of proper height and strength, with gates, which gates shall be locked at all times when the property is not being worked. In addition, when deemed appropriate by the approving authority, a permanent substantial safety fence of proper height and strength shall be installed to properly guard and protect said changes in grade after construction.
B. 
Excavation and filling operations shall be conducted so as to not adversely impact stormwater drainage, water bodies and/or watercourses, except as may be otherwise authorized by Chapter 196 or by wetlands permit issued pursuant to Chapter 227 of the Village Code.
C. 
During construction all excavations shall be drained so that any standing water at the bottom of any excavation shall not be greater in depth than one foot, and after construction there shall be no standing water at the bottom of any excavations.
D. 
All fill shall be clean, containing no garbage, refuse or deleterious matter, shall be graded in a smooth transition to the level of the adjoining property and shall be reseeded with an appropriate vegetation mixture sufficient to stabilize the soil. The approving authority may require testing to determine the cleanliness of the fill.
E. 
In the case of a permit for the removal of topsoil, at least two inches of topsoil shall be left upon the surface from which topsoil has been removed, and the area from which said topsoil has been taken shall be reseeded with an appropriate vegetation mixture sufficient to stabilize the soil and covered with mulch.
F. 
The on-site processing of fill or the erection or use of any structure for such processing, such as but not limited to hoppers, strainers, washers, crushers or sheds, is prohibited; however, where a permit has been issued under this chapter, power equipment for the purpose of filling and excavation may be allowed.
G. 
Excavation and/or filling operations shall not be permitted between the hours of 8:00 p.m. and 8:00 a.m. Sunday through Saturday and between the hours of 8:00 p.m. Saturday and 10:00 a.m. Sunday.
H. 
Slopes shall not be created in excess of the permanent stable slope of the soil or other material involved, and the exposed slopes shall be required to be seeded or protected by other means to prevent their subsequent erosion. In the event of any dispute as to the stability of the slopes, the determination of the approving authority shall be conclusive.
I. 
Appropriate dust-control measures shall be implemented on-site and on access roads and any traveled areas used in connection with any work under this chapter to protect the public and surrounding area against windblown sand and dust.
J. 
Removal of soil or other material from the ground and/or placement of fill on the ground shall not prevent or interfere with the orderly development of land in the vicinity, shall not unreasonably impede traffic flow, and shall not make it unduly difficult or costly for the installation of public utilities or other public services.
K. 
There shall be no deleterious interference with existing drainage, nor shall the excavation or filling operation divert or cause water to collect on the property of others or interfere with or overload any existing or planned drainage facilities of the Village, endanger any road, street or highway within the limits in the Village or produce or enlarge areas from which water will not drain, and provision shall be made for the temporary drainage of the property during the excavation or filling operation and for the restoration of permanent drainage to be effective upon completion of the operation.
L. 
The approving authority shall take into consideration the declared policy of this chapter regarding the replacement of topsoil and the restoration, reseeding and stabilization of the land.
M. 
To prevent the earth of adjoining property from caving in before permanent supports have been provided for the sides of such excavation, any person causing any excavation to be made shall provide such sheet piling and bracing as may be necessary. Whenever provisions are lacking for the permanent support of the side of an excavation, the person causing or having caused such excavation to be made shall build a retaining wall at his own expense on his own land, such retaining wall to be carried to a height sufficient to retain the adjoining earth. A building permit shall be required if the retaining wall is more than four feet in height.
N. 
The approving authority may require that stumps, large tree roots and excess excavated material be removed from the site and may limit rock excavation methods and quantities.
O. 
Such conditions as the approving authority may deem appropriate as to the time in which the work is to be completed.
P. 
Such other conditions as the approving authority may deem appropriate to carry out the purposes of this chapter and the broad statements of policy as enumerated in § 120-1 hereof, as if those purposes were specifically enumerated hereunder.
Q. 
The approving authority retains the power to impose additional conditions during the terms of the permit if in its opinion additional conditions are necessary.
A. 
An applicant or any other aggrieved person may seek a review of a determination by the Planning Board to grant or deny an excavation and filling permit by the commencement of an action pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.
B. 
In the case of an application decided by the Village Engineer, the applicant or any other aggrieved person may seek a review by appealing to the Planning Board, in which case the Planning Board shall become the approving authority for such application, and the work approved under the permit issued by the Village Engineer shall cease pending the Planning Board's action. Such review shall be requested not later than 20 days after the filing of the subject decision by the Village Engineer. If such appeal is not filed within said period, the determination of the Village Engineer shall be final and binding.
A. 
Permits under this article shall be for a period of no longer than one year or such shorter period as may be prescribed by the approving authority with a view to having substantially continuous operations in connection with the excavation and/or filling covered by the permit, subject only to interruption of work caused by seasonal conditions; such permits are subject to termination if work is interrupted for a period of more than 60 days due to causes other than the weather or other seasonal conditions. Where work under the initial or renewal permit issued under this chapter has been pursued with reasonable diligence, a renewal permit may be issued without a new application upon payment of a fee in an amount set by resolution of the Board of Trustees, provided that the required bond or cash deposit shall remain in force and that the other requirements in connection with the application are currently up to date.
B. 
Following completion of the work, the applicant shall submit a certification by a landscape architect, architect or professional engineer that the completed work meets the requirements of the excavation and filling permit. The Village Engineer will verify that the work has been completed in accordance with such permit. Submission of an as-built survey may be required by the approving authority or the Village Engineer.
C. 
The Building Inspector shall not issue a certificate of occupancy or use until the Village Engineer has verified that all work has been completed in accordance with the excavation and filling permit.
D. 
Any proposed revision to work covered by an excavation and filling permit shall be reviewed by the Village Engineer. Where the Village Engineer determines that a substantial revision is proposed, the submission of a new application to the approving authority shall be required.
E. 
The approving authority, after notice to the permit holder and an opportunity to be heard, may revoke or suspend an excavation and filling permit if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the excavation and filling permit or has failed to undertake the project in the manner set forth in such permit.
F. 
Issuance of a stop-work order by the Village Engineer shall be as provided in Chapter 86 of the Village Code. A stop-work order may be appealed by filing a written notice of appeal with the Planning Board not later than 30 days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Planning Board within 20 days of receipt of request for a hearing. After the close of the hearing, the Planning Board may confirm, modify or cancel the stop-work order.
G. 
The approving authority shall set forth, in writing, in the permit application file it keeps, its findings and reasons for revoking or suspending a permit pursuant to this section.