[HISTORY: Adopted by the Board of Trustees of the Village of Larchmont
8-16-1976 by L.L. No. 3-1976. Amendments noted where applicable.]
[Amended 9-14-1987 by L.L.
No. 4-1987]
It is the intent of this chapter to protect the public interest, general
health, safety and economic and general welfare of the village by regulating
usage of and modifications to wetlands, lakes, ponds and reservoirs and rainfall
drainage systems wholly or in part within the Village of Larchmont or owned
by the Village of Larchmont.
As used in this chapter, the following terms shall have the meanings
indicated:
If an area can be defined by more than one of the following categories,
the "controlled area" shall be the greater of the areas so determined.
WETLANDSGeographical areas covering 1/4 acre or more covered with shallow and sometimes temporary, intermittent waters, commonly referred to as marshes, swamps, bogs, wet meadows, potholes, sloughs and river overflow lands.
The following categories shall apply:
Seasonally flooded basins or flats.
Inland fresh meadows, having a few inches of water after heavy rains.
Inland shallow fresh marshes, having up to six inches of water.
Inland deep fresh marshes, having up to three feet of water.
Shrub swamps, having up to six inches of water.
Wooded swamps, having up to one foot of water.
Bogs. Shallow ponds may be present.
The controlled area shall include all contributory adjacent surface
of ground elevation less than two feet higher than the high-water mark from
a once-in-ten-year-frequency storm.
RAINFALL DRAINAGE SYSTEMSThose existing interconnected networks of depressed contours and enlargements thereto which, by virtue of their location, convey surface water runoff from its source to and including its ultimate points of discharge, wholly or partially within village limits. The controlled area of said rainfall drainage systems shall include the greater of:
PONDS, LAKES, RESERVOIRSAreas of permanent water retention fed by springs or rainfall drainage systems and which have one or more points of outlet. The controlled area shall include the pond, lake or reservoir and all adjacent ground surface within 35 horizontal feet of the water mark when full to overflow level.
Includes the singular and the plural and shall include an individual,
individuals, a firm, corporation, partnership, foundation, association, company,
institution, organization or any other recognized legal entity.
A.
The Board of Trustees is hereby authorized and empowered
to create a Wetlands Water Control Commission which shall consist of five
resident members, who shall be qualified by reason of training or experience
in engineering, community planning, conservation or other related businesses
or professions. The members of the Wetlands Water Control Commission shall
be appointed by the Board of Trustees, and the Board of Trustees may allocate
and budget for such expenses as may be necessary and proper. The Board of
Trustees is hereby authorized to make such appropriation as it may see fit
for such expenses. Of the members first appointed, one shall hold office for
the term of one year, one for the term of two years, one for the term of three
years, one for the term of four years and one for the term of five years.
Their successors shall be appointed for a term of five years from and after
the expiration of the terms of their predecessors in office. If a vacancy
shall occur otherwise than by expiration of a term, it shall be filled by
the Board of Trustees by appointment for the unexpired term.
B.
Meetings of the Commission shall be held at such times
as the Commission may determine. Three members of such Commission shall constitute
a quorum for the transaction of business. The Commission shall keep minutes
of its proceedings showing the vote of each member upon any question or, if
absent or failing to vote, indicating such fact, and shall also keep records
of its official actions.
C.
Every decision, recommendation or determination of the
Commission shall be filed within 10 days in the office of the Village Clerk
and shall be a public record. The Wetlands Water Control Commission shall
have the power to adopt, amend and repeal rules and regulations governing
its procedures and transaction of business. All rules and regulations and
any amendments or repeal thereof shall take effect immediately upon filing
in the office of the Village Clerk, after approval by the Board of Trustees.
D.
The Village Engineer or consulting engineer shall furnish
to the Wetlands Water Control Commission such recommendations and engineering
data as the Commission shall request and require, and the Village Engineer
or consulting engineer shall advise the Commission on all other matters within
the jurisdiction of the Commission and, upon request of the Commission, shall
be present at the meetings and deliberations of the Commission.
A.
The Wetlands Water Control Commission shall review applications for and take appropriate action on projects submitted within its jurisdiction, pursuant to § 341-6 of this chapter.
C.
The Wetlands Water Control Commission shall investigate
and report upon water conservation and drainage problems referred to it by
the Board of Trustees and the Planning Commission and shall coordinate water
planning with the planning of adjacent communities, counties and adjacent
governmental authorities, if requested to do so.
A.
Prohibited acts. There shall be no:
(1)
Placement or depositing of debris or unlawful organic
or inorganic chemicals or chemical wastes.
(2)
Introduction of influents of sufficiently high thermal
content as to cause deleterious ecological effects.
(3)
Discharge of sewage treatment plant effluent, except
where permitted by village ordinance.
B.
Acts permitted under permit procedure. Except by permit granted by the Wetlands Water Control Commission as defined in § 341-6, there shall be no:
(1)
Buildings, structures, dams, roads or fences constructed.
(2)
Excavation, dredging or fill.
(3)
Diversion of flow.
(4)
Extension to or expansion of any rainfall drainage system.
(5)
Decrease or increase of the flow velocity or volume.
(6)
Digging of wells other than wells intended solely for
domestic water supply for single-family structures.
(7)
Placement, depositing or application of chemicals to
control or destroy plant life within a wetland lake, pond, reservoir or rainfall
drainage system.
C.
Acts subject to review. All proposed destruction of trees and plant life within a controlled area shall be subject to review by the Commission to determine if prevailing surface water runoff conditions would be altered to such an extent that the provisions of § 341-6 apply. Requests for review shall be made to the Commission.
D.
Exemptions. The following acts are excluded from the
application of this chapter:
E.
Emergency provisions. Subsection B of this section shall not apply to emergency work in a controlled area which is immediately necessary to protect the health, safety and well-being of any person or to prevent damage to personal or real property, provided that the Commission is given written notification within 48 hours after commencement of the work and within 48 hours of the completion of such work. Such emergency work shall be performed as to cause the least change, modification, disturbance or damage to the controlled area.
A person may appear before or communicate with the Commission for the
purpose of stating preliminary intent.
A.
An applicant for a permit shall present plans, specifications
and design data in duplicate to the Wetlands Water Control Commission.
(1)
In such cases as the total estimated cost of the proposed
project, including labor and materials, does not exceed the sum of $500, the
plans and specifications need not be prepared by a licensed practitioner but
shall be neat, fully definitive of all details of the proposed project, legible
and capable of reproduction.
(2)
In such cases as the total estimated cost of the proposed
project, including labor and materials, exceeds the sum of $500, the plans
and specifications shall be prepared by a professional engineer or architect
or landscape architect, all duly licensed for such work by the Education Department,
State of New York, or by the United States Soil Conservation Service or by
an appropriate agency of the State of New York.
(3)
The application for a permit must be made by the owner
of record of land in a controlled area or by the duly authorized agent of
such owner, such authorization to be in writing.
(4)
Discretionary waiver. The Wetlands Water Control Commission
may waive the specified requirements in any individual case where, in the
Commission's judgment, such waiver is in the public interest. Such waiver
must appear on the records of the Commission, together with the reasons therefor.
No waivers shall be granted which will have the effect of nullifying the intent
and purpose of these regulations. In granting any waiver, the Commission shall
attach such conditions as are necessary, in its judgment, to secure substantially
the objectives of the standards or requirements so waived.
B.
The applicant shall have the burden of demonstrating
that the proposed act is not adverse to the public interest, general health,
safety and economic welfare of the residents of the Village of Larchmont.
C.
The Wetlands Water Control Commission shall examine said
plans and specifications or cause them to be examined by the Village Engineer
or such licensed practitioner as may be indicated by the scope of the work
involved. The examiner shall render the requested report to the Wetlands Water
Control Commission within 45 days.
D.
Within a reasonable time after the report, as specified in Subsection B above, has been submitted to the Commission, the Commission shall cause a notice of public hearing to be published, on at least 10 days' notice, in the newspaper last designated as the official newspaper of the Village of Larchmont for the publication of legal notices. The applicant and all interested parties and taxpayers shall be heard at the public hearing. Such notice of hearing shall contain an adequate description of the property involved, setting forth the street location of the parcel and the designation thereof on the Tax Map of the Village of Larchmont. Notice of such public hearings shall be sent by mail to the owners of property located within 500 feet of the subject property.
E.
The Wetlands Water Control Commission shall review the
report, consult with the Planning Commission of the Village of Larchmont,
where applicable, and render its determination to the applicant as soon as
practicable after the public hearing.
(1)
If the determination of the Wetlands Water Control Commission
is affirmative, the applicant shall pay to the Village Clerk a fee in the
amount fixed by the Board of Trustees, whereupon one copy of the project documents
stamped as approved, together with a permit covering the work involved, shall
be returned to the applicant.
(2)
When the proposed scope of work affects lands requiring
subdivision approval by the Planning Commission, the Wetlands Water Control
Commission shall render its determination to the applicant within time limits
specified by the Planning Commission.
(3)
Duration of permits. The Wetlands Water Control Commission
shall specify, in its resolution of approval, the expiration date of any permit
granted pursuant to the Wetlands Water Control Commission and, subject to
the calling of an additional public hearing in the discretion of said Commission,
no permit shall be valid for more than one year. All permits shall expire
upon the completion of the acts specified therein. The validity of any acts
or work duly completed pursuant to an existing permit shall not be affected
by the expiration of the aforesaid permit, but same shall not be continued
beyond the expiration date except upon application for renewal of said permit.
No permit shall be assigned, transferred, sublet or sold to any other person
without written permission.
(4)
At the discretion of the Wetlands Water Control Commission
and when deemed necessary for the protection of the interests of the village
or property owners affected by a project, the applicant or his contractor
or agent shall file a bond or undertaking in an amount satisfactory to the
Village Engineer and the Commission and in a form satisfactory to the Village
Attorney or, in the alternative, shall make a cash deposit with the Village
Treasurer in said amount to insure the satisfactory completion of the project
and the rehabilitation of affected or disturbed areas. In the event that materials
are to be removed from the site, the applicant shall be required to apply
to the Board of Trustees for a special permit for the excavation and removal
of materials. The performance or rehabilitation bond provided for herein shall
be in addition to any bond which may be required by the Board of Trustees
in connection with the excavation and transportation of materials.
(5)
Permits shall specify the permitted days and hours of
operation and the type of equipment to be used. No material of any kind shall
be removed from any property in the construction of a project for which a
permit has been issued hereunder except pursuant to a special permit issued
by the Board of Trustees.
(6)
Upon the completion of any new lake, pond or other source
of water suitable for fire fighting, the Commission shall forward a vicinity
sketch and information as to the size, accessways and estimated water volume
of such body of water to the Fire Department of the fire district serving
the affected premises.
A.
The Building Inspector and the Village Engineer (Conservation
Officer) shall be supplied with copies of permits issued hereunder, and each
of them are designated as inspection agents of the Commission for the purpose
of determining, from time to time, compliance with the terms of any permit
issued hereunder, and for such purpose, said Building Inspector and Village
Engineer (Conservation Officer) shall have the right to enter upon and inspect
any project. Notice of violations and demands for remedial work may be served
with equal force and effect by the Chairman of the Commission, the Building
Inspector and the Village Engineer (Conservation Officer), and each of them
shall have the power to initiate court proceedings to enforce the provisions
of this chapter, at the discretion of the Board of Trustees.
B.
The penalties prescribed in this chapter shall be in
addition to and not in substitution of the rights and remedies of the Village
of Larchmont and its inhabitants and the Wetlands Water Control Commission
in actions at law or in equity to restrain violations or threatened violations
of this chapter and to obtain damages therefor.
C.
Enforcement. Article 71, of the Environmental Conservation
Law of the State of New York (Enforcement of Article 24), as stated therein,
shall be applicable in the enforcement of this chapter.
