[HISTORY: Adopted by the Board of Trustees of the Village of Kings
Point 7-14-1993 by L.L. No. 6-1993.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Coastal erosion hazard areas — See Ch. 66.
Environmental quality review — See Ch. 75.
Flood damage prevention — See Ch. 88.
Land development — See Ch. 100.
Soil removal — See Ch. 131.
Subdivision of land — See Ch. 137.
Waterways — See Ch. 157.
Zoning — See Ch. 161.
[1]
Editor's Note: This local law also repealed former Ch. 91, Freshwater
Wetlands, adopted 9-13-1989 by L.L. No. 14-1989.
The Board of Trustees of the Village of Kings Point (the "Board") has
determined as follows:
A.
Freshwater wetlands are invaluable resources for flood
protection, erosion control, wildlife habitat, pollution treatment, open space,
water, including groundwater recharge, nature study, recreation and other
benefits associated therewith which, if preserved and maintained in an undisturbed
natural condition, constitute important assets to present and future residents
of the Village.
B.
All areas adjacent to freshwater wetlands for a distance
of 100 feet from the boundary thereof are essential components of the freshwater
wetlands ecosystem and also act as buffers to reduce the direct and indirect
impacts of adjacent activities upon the freshwater wetlands, which activities,
if carried on directly adjacent to such wetlands, would tend to degrade them
and impair their natural biological and physical functions. This adjacent
area is an ecological transition zone from uplands to freshwater wetlands
which is an integral portion of the freshwater wetland ecosystem, providing
temporary refuge for freshwater wetlands fauna during high-water episodes,
critical habitat for animals dependent upon but not resident in freshwater
wetlands and slight variations of freshwater wetland boundaries over time
due to hydrologic or climatologic effects and a sediment and stormwater control
zone to reduce the impacts of development upon freshwater wetlands and freshwater
wetlands species.
C.
Growth and development is placing increasing demands
upon natural resources that may result in the encroachment into and the despoiling,
polluting and/or elimination of wetlands and watercourses, with serious consequent
effects upon natural ecosystems and the health, safety, welfare and property
of the people of the Village.
D.
Adverse effects of development on wetlands, watercourses
and areas adjacent thereto can only be prevented through the establishment
of preservation, protection and conservation practices which are therefor
essential to the public health, safety and welfare of the residents of the
Village.
The following terms, phrases and words and their derivations shall have
the meanings given herein:
Includes the area surrounding the freshwater wetland for land for
a horizontal distance of 100 feet from the boundary thereof and all land surfaces
that drain into and are located within 50 feet, measured horizontally from
the ordinary high waterline of a watercourse.
Cultivating and harvesting products, including fish and vegetation,
that are produced naturally in freshwater wetlands and installing cribs, racks
and other in-water structures for cultivating these products, but does not
include filling, dredging, peat mining or the construction of any buildings
or any water-regulating structures such as dams.
Any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate or any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly; erecting any structure, road or impervious surface; the driving, piling or placing of any other obstructions, whether or not so as to change the ebb and flow of water; any form of pollution; and any other activity which, whether or not it occurs upon the wetland or watercourse itself but is located not more than 100 feet from the boundary of the wetland or drains into and is located not more than 50 feet from the ordinary high waterline of a watercourse, impinges upon or otherwise substantially impairs any of the several functions served by freshwater wetlands or watercourses or the benefits derived from wetlands which are set forth in the New York State Environmental Conservation Law or in § 91-1 of this chapter.
Any person who files an application for any permit issued by the
Village pursuant to this chapter and shall include the agent of the owner
or a contract vendee or his agent.
Planning Board of the Village of Kings Point.
The outer limit of vegetation and soils specified herein in the definition
of "freshwater wetlands."
Cutting or harvesting of trees over two inches in diameter at breast
height (4.5 feet up from the lowest point where the tree meets the ground)
over an area or stand of trees of one acre or more.
Includes all freshwater wetlands and all watercourses.
A linear topographic depression with bed and banks of human construction
in a previous upland area which conveys water to or from a site. This does
not include channelized or redirected natural watercourses.
Lands and waters within the Village of Kings Point with an area of
one acre or more which meet one or more of the descriptions set forth hereinbelow
under A, B, C, D, or E:
Lands and submerged lands commonly called "marshes," "sloughs," "wetlands,"
"swamps," "bogs" and "flats" supporting aquatic or semiaquatic vegetation
but not limited to the following types:
Wetland trees which depend upon seasonal or permanent flooding or sufficiently
waterlogged soils to give them a competitive advantage over other trees, including,
among others, red maple (Acer rubrum), willows (Salix species), black spruce
(Picea mariana), swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica),
black ash (Fraxinus nigra), silver maple (Accer saccharinum), American elm
(Ulmus americana), Larch (Larix laricina), river birch (Betula nigra), white
cedar (Thuja occidentalis), black gum (Nyssa sylvatica) and American sycamore
(Platanus occidentalis).
Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently
waterlogged soils to give them a competitive advantage over other shrubs,
including, among others, alder (Alnus species), buttonbush (Cephalanthus occidentalis),
bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata),
spicebush (Lindera benzoin), highbush blueberry (Vaccinium corymbosum), dogwoods
(Cornus species) and serviceberry (Amelanchier canadensis).
Emergent vegetation, including, among others, cattails (Typha species),
pickerelweed (Pontederia cordata), bulrushes (Sciurpus species), arrow arum
(Peltandra virginica), arrowheads (Saggitaria species), reed (Phragmites communis),
wild rice (Zizania aquatica), bur reeds (Sparaganium species), purple loose
strife (Lythrum), swamp loosestrife (Decodon verticillatus), water plantain
(Alisma plantagoaquatica), skunk cabbage (Symplocarpus foetidas) and false
hellebore (Veratrum viride).
Rooted, floating leaved vegetation, including, among others, waterlily
(Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar
species).
Free-floating vegetation, including, among others, duckweed (Lemna species),
bid duckweed (Spirodela polyrhiza) and watermeal (Wolffia species).
Wet meadow vegetation which depends upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage over
other open land vegetation, including, among others, sedges (Carex species),
rushes (Juncus species), cattails (Typha species), rice cut-grass (Leersia
oryzoides), reed canary grass (Phalaris arundinancea), swamp loosestrife (Decodon
verticillatus), spikerush (Eleocharis spp.) and skunk cabbage (Symplocarpus
foetidus).
Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum
species), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne
calyculata), pitcher plant (Sarracenia purpurea) and cranberries (Vaccinium
macrocarpon and Vaccinium oxycoccos).
Submergent vegetation, including, among others, pondweeds (Potamogeton
species), naiads (Najas species), bladderworts (Utricularia species), wild
celery (Vallisneria americana), coontail (Ceratophyllum demersum), watermilfoils
(Myriophyllum species), muskgrass (Chara species), stonewort (Nitella species),
water weeds (Elodea species) and water smartweed (Polygonum amphibium).
Lands and submerged lands containing remnants of any vegetation that
is not aquatic or semiaquatic that has died because of wet conditions over
a sufficiently long period, provided that such wet conditions do not exceed
a maximum seasonal water depth of six feet and provided that such conditions
can be expected to persist indefinitely, barring human intervention.
An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, commonly known as "hydrophytic vegetation"; provided, however,
that the determination is made using the three-parameter approach (that is,
hydrology, soils and vegetation) enumerated in the 1987 United States Army
Corps of Engineers Manual and any subsequent amendments thereto incorporated
herein by reference.
That form of Village approval required by this chapter for carrying
on of a regulated activity.
Any corporation, firm, partnership, association, trust, estate; one
or more individuals; any unit of federal, state or local government; or any
agency or subdivision thereof, including any state department, bureau, commission,
board or other agency, public authority or public benefit corporation.
The presence in the environment of human-induced conditions or contaminants
in quantities or characteristics which are or may be injurious to humans,
plants, animals or property.
Any action resulting in direct or indirect physical impact on a freshwater
wetland, including but not limited to any regulated activity.
Any of the following:
Rivers, streams, brooks and waterways which are delineated on the most
recent edition of the United States Geological Survey Topographic Maps of
the Village.
Any other streams, brooks and waterways containing running water for
a total of nine months a year.
Lakes, ponds, marshes, swamps, bogs, natural springs and all other natural
bodies of water which are fed by or have discharge to another wetland or watercourse.
Channelized streams that were formed as a result of relocation, filling
or altering of a natural stream or wetlands.
Ditches are not "watercourses."
A.
Except as herein provided, it shall be unlawful for any
person to alter any freshwater wetland or watercourse protected by this chapter
without a written permit therefor issued by the Village.
B.
Activities subject to regulation under this chapter shall
include any of the following:
(1)
Any form of dredging or excavation and any grading or
removal of soil, mud, sand, gravel, silt or any other earth material from
any controlled or adjacent area, either directly or indirectly.
(2)
The intensive utilization of lands in an adjacent area.
(3)
Any form of dumping, filling or deposition of any soil,
stones, sand, gravel, mud, rubbish or fill of any kind in any controlled or
adjacent area, either directly or indirectly.
(4)
Erecting any building or other structure, construction
of any road, driveway or motor vehicle parking facility, paving, installation
of sewage disposal systems or sewer outfalls or swimming pools, discharge
of sewage treatment effluent or other liquid wastes, drilling and digging
of wells, installation of any pipe or other conduit or the placing of any
other obstructions within a controlled or adjacent area, whether or not the
same affect the ebb and flow of water.
(5)
The use of any chemicals, dyes, fertilizers, herbicides,
pesticides or similar materials in any controlled or adjacent area such that
the same may cause pollution of waters.
(6)
Creating an increase or decrease in the flow, velocity
or volume of water in any watercourse, excluding customary seasonal raising
and/or lowering of said watercourse.
(7)
Creating a diversion of water flow on any watercourse,
including but not limited to constructing dams, docks or bridges.
(8)
Introducing any influents of high thermal content such
that the same are capable of causing deleterious ecological effect.
(9)
Any logging operation, including clear-cutting within
an adjacent area. These actions shall be reviewed by the Village Engineer
so as to determine if such acts affect the prevailing surface water runoff
conditions, directly or indirectly.
Activities excluded from regulation under this chapter shall include
the following:
A.
The deposition or removal of the natural products of
freshwater wetlands and adjacent areas by recreational or commercial fishing,
shellfishing, aquiculture, hunting or trapping where otherwise legally permitted.
B.
The implementation of any orders and regulations of the
New York State Department of Health and/or the Nassau County Department of
Health or orders and regulations of any other duly authorized agency, provided
that copies of such orders and regulations have been filed with the Village
Clerk of the Village of Kings Point and that the Village Engineer may request
modifications of such orders if he or she deems it necessary to implement
the policy embodied in this chapter.
C.
Any actual and ongoing emergency activity which is necessary
for the protection and preservation of life or property or the protection
or preservation of natural resource values. Such emergency activities include
but are not limited to: search and rescue operations; preventative or remedial
activities related to large scale contamination of streams or other bodies
of water; response to floods, hurricanes and other storms; fire fighting and
public health concerns. Within five days of the end of any such emergency
that involved the undertaking of any activity under this chapter, the person
chiefly responsible for undertaking such emergency activity shall send a written
statement to the Village Engineer setting forth the pertinent facts regarding
said emergency, including an explanation of life, property or resource value
which such activity was designed to protect or preserve.
D.
Ordinary maintenance and repair of existing structures
or improved areas which do not involve expansion or substantial restoration,
reconstruction, rehabilitation or modification, including but not limited
to bridges, roads, highways, railroad beds, bulkheads, docks, piers, pilings
or paved streets.
E.
Trimming, pruning and bracing of trees, decorative landscaping,
including the addition of trees and plants, and incidental removal of trees
and brush.
The Village Engineer will review all wetlands permit applications, periodically
inspect Village wetlands and permitted projects for unregulated activities
and make recommendations to the Board and any other regulatory agencies of
the Village which also regulate such project.
A.
Any person who proposes to perform any regulated activities
within the Village at the following locations, for the following purposes,
shall first file a permit application together with the filing fee established
from time to time by the Board: upon a lot containing any controlled area
or adjacent area, whether or not within the controlled area or adjacent area,
for any purpose other than the building of a single-family dwelling; upon
any controlled area or adjacent area, for any purpose, including the building
of a single-family dwelling. No such activity shall be commenced until said
permit has been issued. No application shall be considered complete until
the application fee has been received by the Village. The Board shall immediately
inform the Village Engineer. Projects for which an environmental assessment
form (EAF) has not been required by any other agency shall file an EAF under
this permit application. Projects for which an EAF have been filed that do
not address the requirements of this chapter shall be amended to do so.
[Amended 8-28-2000 by L.L. No. 8-2000]
(1)
All permit applications must include the following information:
(a)
Name/address. The name, address and telephone number
of the applicant, and, if the applicant is not the owner, the written consent
of the owner must be attached.
(b)
Tax Map designation. The street address and Tax Map designation
of the property involved.
(c)
List of property owners. A list of adjacent and nearby
property owners whose rights or interests may or will be affected by the proposed
action. Such list shall include all those property owners within the controlled
or adjacent area and 100 feet from the perimeter thereof and those property
owners 100 feet upstream and 500 feet downstream. Notification of adjacent
property owners shall be by certified mail.
(d)
Plans/specifications. Detailed plans and specifications
for the proposed wetlands activity, drawn to a scale of not smaller than one
inch equals 100 feet, showing the following:
[1]
Location of disturbed area. The location of all areas
proposed to be disturbed by the development and its relation to property lines,
buildings, roads and controlled and adjacent areas within 500 feet.
[2]
Quantity of material. Estimated quantities of material
to be deposited or removed.
[3]
Location of wells/septics. The location of any well and
the depth thereof and of any waste disposal system within 250 feet of the
proposed operation or project.
[4]
Drainage system details. Details of any drainage system
proposed both for the construction process of the system and the final development
and maintenance of the system.
[5]
Construction details/deposition of spoil. Where creation
or enlargement of a lake or pond is proposed, details of the construction
of any dams, embankments, outlets or other water-control devices and of deposition
of the spoil material.
[6]
List of affected functions. A list of all beneficial
functions of the wetland which will be affected by the application.
[7]
Details of protection procedure. A diagram showing the
proposed erosion controls and, if applicable, as in the case of development
of the property for use other than a single-family dwelling, the proposed
controls over access to the adjacent areas accompanied by a schedule for their
installation and maintenance.
[8]
Topographic details. Existing and proposed contours shall
be shown at an interval of two feet in the area of the proposed operation
or project and to a distance of 50 feet beyond the boundaries thereof.
(2)
Impacts upstream and downstream. Applications affecting
the water-retention capacity, water flow or other drainage characteristics
of any pond, lake, reservoir, natural drainage system or wetland shall include
a statement and numerical calculations of the impact of the project on upstream
and downstream areas, giving appropriate consideration to other than normal
amounts of rainfall and levels of watercourses including, specifically, the
one-hundred-year storm.
(3)
Miscellaneous information. Applications should also contain
such design specifications, engineering studies, hydrogeologic studies or
impact considerations as the Kings Point Planning Board and the Village Engineer
may deem necessary.
(4)
Burden of proof.
(a)
The applicant shall submit information sufficient to
demonstrate that the proposed activity will not be adverse to the general
health, safety or economic and general welfare of the residents of the Village
of Kings Point.
(b)
The applicant shall demonstrate that alternatives that
minimize the disturbance to wetlands, watercourses and their adjacent areas
have been fairly evaluated and that there will not be any significant adverse
ecological impacts.
(c)
A significant adverse impact shall be deemed to exist
where it is determined that a modification of a wetland and/or its adjacent
area will negatively affect the ecological integrity of the wetland and its
biotic components. Such modifications may include but are not limited to:
[1]
An alteration of the water table or hydrologic patterns
in the wetland or its subwatershed.
[2]
An increase in erosion resulting in increased sedimentation
in the wetland or watercourse.
[3]
A change in the natural chemistry of the groundwater
or surface water in the wetland.
[4]
A reduction in wetland habitat diversity.
[5]
A change in wetlands species composition.
[6]
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
(5)
Submission of 10 copies of application. Ten completed
copies of the application, together with 10 copies of the specified supporting
plans and documentation, including an environmental assessment form, application
fee and deposit, shall be filed with the Village Clerk. Applications under
this law that involve a subdivision, site development plan, special permit
or variance shall be submitted concurrently with the application for such
other relief. The supporting documentation shall include a bound wetlands
delineation report which shall include all requested information, including:
(a)
Copies of all correspondence with NYSDEC and USACOE relating
to wetlands and watercourses and the current status of any and all applications.
(b)
Consecutively numbered flagpoints delineating the wetlands
field at distances no greater than 75 feet apart and shown on the topographic
map submitted.
(c)
Unconditional written consent by the owner of the subject
property to allow access to the site by representatives or agents of the Village
Engineer for the purpose of conducting a site inspection or survey of the
freshwater wetlands, watercourses or adjacent areas thereon.
(d)
Listing of qualifications of person(s) performing the
field delineation and preparing the application. As part of the overall process,
prior notice to the Village of all other agency field wetland reviews is expected.
(6)
Professional preparation/certification of applications.
Plans and specifications for all wetlands permit applications requiring Board
approval shall be prepared and certified by an engineer licensed by the State
of New York, unless this requirement is waived by the Board, upon recommendation
of the Village Engineer. A waiver of the requirement for certified plans shall
not relieve the applicant of the need to submit reproducible plans that are
neat, complete and fully descriptive of all details of the proposed operation
or project.
(7)
Should the Board, after review of said application and
of any recommendations of the Village Engineer, determine that a proposed
regulated activity is insignificant, a permit and/or public hearing waiver
shall be issued and the permitting process suspended for the action.
(8)
Fees and deposits. Upon filing an application under this
chapter, the applicant shall pay to the Village a fee as shall be established
from time to time by resolution of the Board of Trustees.[1] Any applicant may withdraw his or her application at any time
prior to the Village Engineer's final recommendation on it. Any application
fee shall not be refunded to any applicant who so withdraws his or her application,
except where the review completed by the Village Engineer has been insubstantial.
[Amended 11-27-2007 by L.L. No. 8-2007]
B.
The Village shall publish notice of the filing of the
application in the official newspaper of the Village, which notice shall be
in a form approved by the Village Clerk.
C.
This chapter does not relieve any applicant from the
necessity to obtain such approval or permit as may be required by any other
Village law or other applicable local, state or federal permits or authorizations,
including wetlands permits under Article 24 of the New York State Environmental
Conservation Law.
D.
Where a regulated wetland lies within two or more jurisdictions:
A.
A public hearing shall be held by the Board regarding
all applications for a wetlands permit.
B.
Within 60 days following a public hearing under this
chapter, the Village Engineer shall render a recommendation to the Board regarding
approval, denial or approval with conditions of any application for a wetlands
permit. The Board shall render its decision within 45 days following receipt
of the Village Engineer's report. If the application is approved, a permit
shall be issued by the Village Engineer.
C.
Extension of time. The applicant and the Board may mutually
consent, in writing, to extend the time for a determination on the application.
Any such extension of time must be in writing or recorded in the minutes of
the Board meeting at which the project was reviewed.
D.
Standards for permit decisions.
(1)
In deciding to approve, deny or condition any permit, the Board shall consider the effect of the proposed activity with reference to public health and welfare, fishing, flood, hurricane and storm dangers and protection or enhancement of the several functions of freshwater wetlands and adjacent areas and the benefits therefrom which are as set forth in § 91-1 of this chapter. Due consideration will also be given to the benefit which the applicant and/or the public may derive from the completion of the proposed activity. The Board will consider the freshwater wetlands permit requirements promulgated by the rules and regulations of the State of New York.
(2)
No recommendation or approval of a permit shall be rendered
by the Board unless:
(a)
The proposed regulated activity is consistent with the
policy of this chapter to preserve and protect freshwater wetlands and the
benefits derived therefrom consistent with the general welfare and the beneficial
economic and social development of the Village of Kings Point by preventing
the despoliation and destruction of freshwater wetlands and adjacent areas
and by regulating the development and use of such wetlands and adjacent areas.
(b)
The proposed regulated activity is compatible with the
public health and welfare.
(c)
The proposed regulated activity is reasonable and necessary
and all significant adverse impacts thereof, if any, have been mitigated to
the maximum reasonable extent.
(d)
No practicable alternative is available to the applicant
for the proposed regulated activity on a site which is not a controlled or
adjacent area.
(e)
The applicant has demonstrated that the proposed regulated
activity will be in accord with the standards set forth in this chapter.
(3)
A duly filed written notice that the state or any agency
or political subdivision thereof is in the process of acquiring a certain
freshwater wetland by negotiation or condemnation authorizes but does not
require denial of an otherwise appropriate permit, but only if the affected
landowner and local government have been so notified.
A.
Every permit issued pursuant to this chapter shall contain
the following general conditions:
(1)
The Village Engineer shall have the right to inspect
the project from time to time.
(2)
The permit holder shall notify the Village Engineer,
in writing, of the date on which project construction is to begin at least
five business days in advance of such date.
(3)
The permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit.
(4)
The boundaries of the project shall be clearly staked
or marked. In addition, any wetlands and watercourses contained within the
boundaries of the project shall also be staked or marked by snow fencing,
as specified by the Village Engineer.
(5)
All permits shall expire on completion of the acts specified
and, unless otherwise indicated, shall be valid for a period of one year.
B.
Any permit issued pursuant to this chapter may be issued
with special conditions if the Board deems it necessary to assure the preservation
and protection of affected freshwater wetland and adjacent areas and to assure
compliance with the policy and provisions of this chapter and the provisions
of the Board's rules and regulations adopted pursuant to this chapter.
Decisions on permit applications shall be supported by written findings
and reasons.
Upon request of the applicant and pursuant to approval by the Board,
the Village Engineer may renew a permit for a period of one year. The fee
for a permit renewal will be set by the Board.
This Board may require posting of a performance bond or letter of credit
as a condition of approval in such amount as it may determine to be adequate
security. The form and surety or bank will be subject to acceptance by the
Board.
Where the Village Engineer finds that the permittee has not complied
with one or more terms of such permit, has exceeded the authority granted
in the permit or has failed to undertake or complete the project in the manner
set forth in the application, he or she shall suspend the permit and submit
the matter forthwith for review by the Board setting forth, in writing, the
findings and reasons supporting any recommended suspension of a permit pursuant
to this section. Upon review of these findings, the Board shall make its decision
regarding the lifting, suspension or revocation of the permit.
A.
Administrative sanctions.
(1)
Any person found violating any provision of this chapter
or the conditions imposed by the Board upon an approved permit shall be served
with a stop-work order by the Village Engineer, stating the nature of the
violation and providing a reasonable and specified time within which corrective
action shall be completed by the violator to restore or correct, insofar as
is possible, the affected wetland to its condition prior to the violation.
The Village Engineer shall supervise any restoration under the direction of
the Board.
(2)
Any person who violates, disobeys or disregards any provisions
of this chapter, in addition to a criminal sanction, shall be liable to the
people of the Village for a civil penalty consistent with the costs of the
corrective action.
B.
Criminal sanctions.
(1)
Any person violating any order of the Village issued pursuant to Subsection A above shall be guilty of a violation punishable by a fine of not more than $1,000.
(2)
Where the affected area has not been restored to a condition
existing prior to the unpermitted activity, each day's continued violation
shall constitute a separate additional violation.
(3)
The Village shall prosecute any persons alleged to have
violated the provisions of this chapter and may seek equitable relief to restrain
any violation or threatened violation of its provision.
(4)
Where a stop-work order has been issued by the Village
Engineer because of violation of the provisions of this chapter or of any
permit or extensions thereof issued hereunder, each day such violation shall
continue after such service shall constitute a separate offense punishable
by a fine or penalty as herein set forth.
C.
Notwithstanding any of the penalties or fines hereinabove
provided, the Village of Kings Point may maintain any action or proceeding
in a court of competent jurisdiction to compel compliance with or to restrain
by injunction the noncompliance of any provision of this chapter or permit
issued hereunder.
Any person aggrieved by an order or decision regarding protected wetlands
and watercourses which are regulated by this chapter may seek review by the
Board of Trustees of the Village of Kings Point and then may seek judicial
review pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme
Court for the County of Nassau. Such appeals shall be filed within 30 days
after the date of the filing of this particular order or decision with the
Village Clerk.
