The approving authority for all applications for steep slope permits shall be as follows:
A. 
For any application that involves a regulated disturbance in an area of very steep slope or extremely steep slope, the Planning Board shall be the approving authority for the steep slope permit.
B. 
The Planning Board shall be the approving authority for any application involving property that is also the subject of a pending site plan, minor site plan, subdivision or special permit application, or fill or excavation permit in accordance with the Code of the Village of Croton-on-Hudson, and for any application that also involves the construction or establishment of a principal building or use.
C. 
Except as noted above in § 195-5A and B, the Village Engineer shall be the approving authority for all steep slope permit applications.
A. 
Required documentation. An application for a steep slope permit shall be made on forms furnished by the Building Department.
B. 
Any application for a steep slope permit shall also contain the following:
(1) 
A written narrative explaining the nature of the proposal, including any future development proposals for the property and whether alternative locations exist for the proposed activity.
(2) 
A site plan, which shall be drawn at a scale of not less than one inch equals 50 feet and prepared by a landscape architect, architect, professional engineer or other qualified person and showing the following information for all lots on the subject site that contain steep slopes:
(a) 
The location of proposed structures, septic systems, wells and driveways.
(b) 
The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads, and affected wetlands as defined in Chapter 227, Wetlands, of the Village Code, if any, within 50 feet of the boundaries of the disturbed area.
(c) 
The existing topography in the proposed area of disturbance at a contour interval of not more than two feet. Contours shall be shown for a distance of 50 feet or greater beyond the limits of the proposed area of disturbance.
(d) 
The location and size of areas of extremely steep slope, very steep slope and moderately steep slope under existing and proposed conditions, in the area of proposed disturbance and within a distance of 50 feet thereof.
(e) 
The proposed final contours of the disturbed area at a maximum contour interval of two feet and proposed surface materials or treatment.
(f) 
An erosion and sedimentation control plan.
(g) 
The details of any surface or subsurface drainage system proposed to be installed, including special erosion control measures designed to provide for proper surface or subsurface drainage, both during the performance of the work and after its completion.
(3) 
A list of all applicable county, state or federal permits that are required for such work or improvement.
(4) 
Payment of all applicable fees.
C. 
The following information and materials shall be supplied if requested by the approving authority or its representative:
(1) 
If required, the following items shall be provided on a site plan or site plans drawn at a scale of not less than one inch equals 50 feet, prepared by a landscape architect, architect, professional engineer or other qualified person:
(a) 
Cross sections of all disturbed steep slope areas.
(b) 
Existing soils within 50 feet of the proposed disturbed area, taken from field investigations by a soils scientist and classified into hydrologic soil groups. The depth to bedrock and depth to water table, K-factor, and soil and rock strata in all areas of disturbance shall be identified.
(c) 
A cut-fill map delineating proposed areas of disturbance at affected depths in feet of zero feet to three feet, three feet to six feet, six feet to 10 feet, and 10 feet and over, and the estimated material quantities of cut/fill.
(d) 
A slope map showing existing and proposed slopes within the disturbed area for each of the soil types described in Subsection C(1)(b) above.
(e) 
Other information, including specific reports by qualified professionals on soils, geology and hydrology, as may be determined to be necessary by the approving authority.
(2) 
A plan with the existing topography of the watershed tributary to the disturbed area presented at a scale of not more than one inch equals 100 feet. This map shall show existing and, if required by the approving authority, proposed controls and diversions of upland water.
D. 
Number of copies. Ten copies of the application and all supporting materials shall be submitted if the Planning Board is the approving authority. Four copies of the application and all supporting materials shall be submitted if the Village Engineer is the approving authority.
E. 
A stormwater pollution prevention plan consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any steep slope permit approval that qualifies as or authorizes a land development activity as defined in Chapter 196. The SWPPP shall meet the performance and design criteria and standards in Chapter 196. The approved steep slope permit shall be consistent with the provisions of that chapter.
A. 
An application fee and any inspection fee as set forth by resolution of the Board of Trustees shall be submitted with the application.
B. 
The applicant shall pay for professional review fees as provided for in Chapters 115, Environmental Compliance, and 178, Professional Fees, of the Village Code.
A. 
It is the intent of this chapter to incorporate the consideration of steep slope protection into the Village's existing land use and development approval procedures in conjunction with the procedures of the New York State Environmental Quality Review Act. To the maximum extent possible, the review, hearings and decisions upon any application processed under this chapter will run concurrently with similar procedures that the approving authority may undertake in connection with other applications that are directly related.
B. 
A preliminary informal consultation with the approving authority may be requested by the applicant so as to present his preliminary proposal and receive comments on such proposal.
C. 
During its review of the application, the approving authority will:
(1) 
Determine when an application is complete.
(2) 
Hold a public hearing, if required, in accordance with § 195-8D hereof.
(3) 
Review the application to determine that the requirements of this chapter have been satisfied.
(4) 
Require posting of a performance, guaranty and/or erosion control bond(s) or other security as a condition of approval, the amount and surety of such bonds to be approved by the Village Board of Trustees and the form of such security to be approved by Village Counsel. The performance and/guaranty bond is intended to ensure the proper completion of the proposed activity in accordance with the approved plans, the restoration of the area to its natural condition as far as practicable and protection of adjoining property owners from damage resulting therefrom. The erosion control bond is intended to ensure the proper installation and maintenance of the erosion control measures. 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 licensed engineer. The bond(s) 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 building plans, any certificate of construction compliance from a New York licensed engineer 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 following public notice and hearing. A substitute bond may be provided as approved by the Village Board of Trustees.
(5) 
Approve, approve with conditions, or deny the application, in accordance with the requirements of this chapter within 60 days after the receipt of a complete application, as specified in § 195-6 of this chapter, or after the close of a public hearing on the application, whichever is later. Nothing in this section is to be construed as authorization for a default approval in the event that these periods are exceeded.
(6) 
Establish conditions of approval deemed necessary by the approving authority to satisfy the goals, objectives and review standards set forth in §§ 195-1 and 195-4 of this chapter, including but not limited to the following:
(a) 
The use of explosives shall be avoided to the maximum extent practicable. Generally, disturbance of rock outcrops shall be by means of explosives only if manual labor and machines are not effective and only if rock blasting is conducted in accordance with the Code of the Village of Croton-on-Hudson and all other applicable regulations by a person holding a current Class A or Class B certificate of competence from the New York State Department of Labor.
(b) 
Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods.
(c) 
The disturbance of existing vegetative ground cover shall not take place more than 15 days prior to commencing grading and construction.
(d) 
Temporary soil stabilization shall be applied to all areas of disturbance and all adjoining areas within 50 feet thereof within two days after establishing of the final grade, and permanent stabilization and revegetation shall be undertaken within 15 days thereafter. Upon good cause shown and based upon consideration of the slopes, soils and environmental sensitivity of the area involved, the Village Engineer may modify these specified time periods.
(e) 
Temporary soil stabilization shall be applied within two days after the disturbance is completed or when no additional disturbance is to be performed for a period of seven days. Upon good cause shown and based upon consideration of the slopes, soils and environmental sensitivity of the area involved, the Village Engineer may modify these specified time periods.
(f) 
Topsoil that will be stripped from all areas of disturbance shall be stockpiled in a manner so as to minimize erosion and sedimentation, and shall be replaced on the site at the time of final grading.
(g) 
Fill material shall be composed only of nonorganic material, including rock with a diameter that will allow for appropriate compaction and cover by topsoil.
(h) 
Compaction of fill materials in fill areas shall be such that it ensures support of proposed structures and stabilization for intended uses.
D. 
Public hearings.
(1) 
For any application in which the approving authority is the Village Engineer, no public hearing will be required. For any application where the Planning Board is the approving authority, the Planning Board shall have the option of holding a public hearing.
(2) 
In all cases where a public hearing will be held on the application for a steep slope permit, said public hearing will be held no later than 60 days after the receipt of such complete application. The approving authority will cause notice of such hearing to be published in the Village's official newspaper at least five days prior to the date set for such hearing. All application materials, maps and documents relating thereto shall be open for public inspection at the office of the Village Building and Engineering Department. Nothing in this section is to be construed as authorization for a default approval in the event that these periods are exceeded.
E. 
Any approval, conditional approval or denial of a steep slope permit will be in writing. The written decision of the approving authority shall be considered the steep slope permit.
(1) 
In the case of a denial or conditional approval, such written decision will state the reasons for the denial and/or the conditions of approval.
(2) 
Where the Planning Board is the approving authority, such decision will be in the form of a resolution.
A. 
An applicant or any other aggrieved person may seek a review of a determination by the Planning Board to grant or deny a steep slope 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. Such review shall be requested not later than 20 days after the filing of the subject decision by the approving authority. If such appeal is not filed within said period, the determination of the Village Engineer shall be final and binding.
A. 
A steep slope permit, issued by the approving authority, will be valid for a period of three years, except that all permits shall expire on completion of the work specified. The approving authority may grant one six-month extension to this three-year period, provided that an application for an extension is submitted at least 60 days before the expiration of the steep slope permit. Standards for the issuance of renewals will be the same as those applied to the initial issuance of steep slope permits. Permits, including all of their conditions, shall be binding on successors and assignees of the applicant. Upon receipt of a steep slope permit, the applicant may apply for a work permit from the Building Inspector to commence the actual work within the steep slope area. The work permit will be valid for a period of one year or until expiration of the steep slope permit, whichever occurs first.
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 steep slope 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 steep slope permit.
D. 
Any proposed revision to work covered by a steep slope 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 a steep slope 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 steep slope permit or has failed to undertake the project in the manner set forth in such steep slope permit.
F. 
Issuance of a stop-work order by the Village Engineer shall be as provided in § 86-14 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.