§ 418-14. Permit conditions.

A. 

Any permit issued pursuant to this chapter may be issued with conditions. Such conditions may be attached as the Planning Board deems necessary, pursuant to § 418-12D, to assure the preservation and protection of affected wetlands/watercourses and to assure compliance with the policy and the provisions of this chapter and the provisions of the Planning Board rules and regulations adopted pursuant to this chapter.

B. 

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

(1) 

Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the Planning Board and Village Engineer or their designated representative(s).

(2) 

The permit shall expire on a specified date.

(3) 

The permit holder shall notify the Planning Board of the date on which the work is to begin at least five days in advance of such date.

(4) 

The Planning Board permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.

C. 

The Planning Board shall set forth, in writing, in the file it maintains regarding a permit application, its findings and reasons for all conditions attached to any permit. Such conditions may include but shall not be limited to:

(1) 

Limitations on minimum lot size for any activity.

(2) 

Limitation on the total portion of any lot or the portion of the wetland on the lot that may be graded, filled or otherwise modified.

(3) 

Modification of waste disposal and water supply facilities.

(4) 

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 limitations of vegetation removal.

(5) 

Dedication of easements to protect wetlands/watercourses.

(6) 

Erosion control measures.

(7) 

Setbacks for structures, fill, deposit of spoil and other activities from the wetland.

(8) 

Modifications in project design to ensure continued water supply to the wetlands/watercourses and circulation of waters.

(9) 

Replanting of wetland/watercourse vegetation and construction of new wetland/watercourse areas to replace damaged or destroyed areas.

D. 

The Planning Board shall include in the file it maintains regarding a permit application a copy of any mitigation plan prepared pursuant to § 418-13D, all comments received pursuant to § 418-9E, and a record of any hearing held pursuant to § 418-11.

E. 

The Planning Board shall cause notice of its denial, issuance or conditional issuance of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies.

F. 

In the event that the court finds the action of the Planning Board constitutes a taking without compensation and the land so regulated merits protection under this chapter, the court may, at the election of the Planning Board, either set aside the order or require the Planning Board of the Village of Sleepy Hollow to request that the Village Board of Trustees proceed under the condemnation law to acquire the wetlands/watercourses or such less-than-fee rights therein as have been taken.