Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton 6-8-1993 by L.L. No. 16-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and waterways — See Ch. 111.
Building construction — See Ch. 123.
Coastal erosion hazard areas — See Ch. 138.
Environmental quality review — See Ch. 157.
Flood damage prevention — See Ch. 169.
Protection of natural resources — See Ch. 229.
Shellfish — See Ch. 278.
Subdivision of land — See Ch. 292.
Freshwater wetlands — See Ch. 325A.
Zoning — See Ch. 330.
Management of Town waters — See Ch. A340.

§ 325-1 Purpose.

A. 
The Town Board of the Town of Southampton finds and declares it to be the public policy of the Town to protect and conserve its wetlands and the benefits derived therefrom. It is the further policy of this Board to achieve no overall net loss of the Town's remaining wetlands and to restore and create wetlands, where prudent and necessary, to offset losses and increase the quantity and quality of the Town's wetland resource base.
B. 
To achieve these goals, the Town of Southampton shall, by way of this chapter, seek to avoid or minimize damage to wetlands to the maximum extent possible by establishing local land-use controls which place a priority on the protection of natural vegetation and the preservation of wetland buffer zones. Buffer zones are critical in protecting the integrity of wetlands from potentially harmful effects, including their function in preventing drying and windthrow, intercepting pollutants migrating toward wetlands and providing essential wildlife habitat.
C. 
It is the further intent of the Town that this chapter be part of a comprehensive approach to managing the water resources of Southampton by integrating wetland protection with other programs and local laws already adopted by the Town. This program shall also include addressing the major causes of surface and groundwater degradation through stormwater abatement and wastewater disposal controls; stronger coastal land use planning and zoning; local waterfront revitalization; land acquisition; and wetlands stewardship.

§ 325-2 Findings.

A. 
The wetlands of Southampton are indispensable and fragile natural resources which are immensely important to both the environmental and economic health of the Town. The rich assemblage and complex variety of wetland habitats, ranging from small wet depressions, interdunal swales and vernal ponds to expansive marshes, swamps, bays, creeks and ponds, sustain a multitude of natural functions and values, making them essential to maintaining the ecology and biodiversity of the region. The Town Board finds:
(1) 
Southampton's coastal marshes are some of New York State's finest, providing home to northern harrier, least and roseate terns, nesting osprey and migrating peregrine falcons, all endangered or threatened statewide.
(2) 
Vital breeding, nesting and staging grounds for thousands of waterfowl, wading birds, shorebirds, raptors, warblers and other songbirds are offered, with huge concentrations of migratory birds, en route along the Atlantic Flyway, seeking out the barrier beaches and marine shorelines to rest and refuel each spring and fall.
(3) 
Tideland waters and estuaries are critical as overwintering areas for harbor seals and countless ducks and geese, and support a rich mollusk fauna and productive finfish population, which are the basis of the Town's vital commercial fishery and shellfishery industries.
(4) 
Southampton's freshwater wetlands are equally significant, and include, among other habitats, exemplary coastal plain pond shore habitats containing numerous rare and endemic species, and some of the state's most vigorous and extensive uncut stands of Atlantic white cedar swamp.
(5) 
Coastal lands and waters provide an almost year-round recreation season for residents and tourists alike, and are especially favored by those who enjoy fishing, boating, hunting, birdwatching, sightseeing and swimming. Excellent opportunities are also offered for those seeking inspiration or solitude, as the scenic quality, panoramic vistas and intriguing natural beauty of Southampton's wetlands are, without question, unsurpassed. These attractions translate into local economic dollars, as related services for manufacturing and maintenance of boat and marine equipment and motel accommodations have far-reaching economic benefits.
(6) 
Wetlands play crucial roles in improving and maintaining the quality of our surface and groundwaters, by filtering out harmful chemicals, pesticides, heavy metals, bacteria, septic and organic wastes and excess nutrients, such as nitrogen and phosphorous, which otherwise would result in overenrichment of both fresh and marine waters and be toxic to aquatic life, causing fish kills, algal blooms and closure of shellfish areas. Groundwaters often feed and interface with wetlands, thus the natural water purification roles of these systems, including their importance in preventing saltwater intrusion into groundwater, likely help to maintain the quality of the water we drink.
(7) 
Coastal marshlands also provide flood and storm damage protection for our shore and waterfront areas by reducing the impact of storm tides and waves. Wetland plants trap suspended sediments and stabilize underwater soils, thus preventing turbidity and helping to keep our channels and watercourses navigable.
B. 
Many of the Town's wetlands have been lost or impaired by clearing, filling, excavating, building, drainage, pollution and other actions. Water pollution, as evidenced by continued declines in commercial and recreational fin and shellfish catches, prohibitions on harvest and the loss of biological productivity in coastal habitats remains a serious problem for coastal areas. Brown tide continues to threaten our bays. Available information about the brown tide phenomenon emphasizes the need for a policy of comprehensive protection of bays through surrounding land use controls.
C. 
Although both the Town and state have enacted various laws and regulations over the past decade to protect and manage wetlands, the existing regulatory programs have not provided adequate protection for these resources. This loss of wetlands and lack of conservation measures deprives Southampton's citizens not only of a healthy living environ but of a healthy economy. It is therefore necessary for the Town of Southampton to assert new leadership in wetland protection activities by intensifying its efforts to conserve this resource and secure its benefits through the establishment of local land use regulations which discourage those activities that may adversely affect wetlands and which encourage restoration of already degraded or destroyed systems.

§ 325-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE WETLANDS PERMIT
A written permit, signed by the Chief Environmental Analyst, issued in response to a written request to conduct a regulated activity described in § 325-7B in a wetland or within 200 feet of a wetland boundary.
[Added 4-27-2001 by L.L. No. 18-2001]
ARTIFICIALLY LINED POND
Any man-made pond that is created by using an artificial seal to prevent water from seeping into the ground.
BLUFF
Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or body of water.
[Added 4-27-2001 by L.L. No. 18-2001]
BOUNDARIES OF A WETLAND or WETLAND BOUNDARY
The outer limit of the vegetation, submerged lands and/or water, specified in the definition of "freshwater," "brackish" or "tidal" wetlands.[1] The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act; to wit, if the innermost portion of a wetland is effectively 100% wetland plants, the next concentric ring shows an area of 75% wetland species, and the outer ring is a fifty-percent mix where the competitive advantage of upland species is demonstrated, the boundary line will be drawn at the midpoint of the outer ring. Where a site is dominated by facultative species which are characteristic of Long Island wetlands, such as red maple (Acer rubrum) and black tupelo (Nyssa sylvatica), a community approach shall be used in determining the wetland boundary. The test of what constitutes a wetland community will be satisfied if the species are those included in the description of natural wetland community types as documented by the New York Natural Heritage Program in the March 1990 manual entitled "Ecological Communities of New York State."
[Amended 4-27-2001 by L.L. No. 18-2001]
BUFFER ZONE
The distance between a wetland boundary and the closest permissible location to such boundary for a regulated activity, as established by the approving authority.
CHIEF ENVIRONMENTAL ANALYST
The Chief Environmental Analyst of the municipality or any person duly appointed or designated to act as such Chief Environmental Analyst.
[Added 4-27-2001 by L.L. No. 18-2001]
DEVELOPED PROPERTY(IES)
A property that is being utilized, or includes existing vacant structures formerly utilized prior to April 27, 2001, for intensive residential, commercial, institutional or industrial activities or combinations of such activities.
[Added 4-27-2001 by L.L. No. 18-2001]
FUNCTIONAL BULKHEAD
A vertical or near vertical shore protection structure which is structurally sound and has been engineered to protect uplands by completely separating the land from the water.
[Added 12-9-1997 by L.L. No. 40-1997]
FUNCTIONAL ROCK REVETMENT
A sloping shore protection device comprised of tightly packed, uniformly placed stone or concrete which is structurally sound and has been engineered to prevent erosion of landward sediments.
[Added 12-9-1997 by L.L. No. 40-1997]
HORTICULTURALLY IMPROVED
Disturbed or artificial upland vegetative communities such as mowed lawn, mowed lawn with trees and ornamental tree or shrub landscapes, and vegetable or flower gardens that are created and maintained by human activities to such a degree that the physical structure of the substrate or species composition are substantially different from the substrate and composition of a naturally vegetated site.
[Added 12-9-1997 by L.L. No. 40-1997]
LETTER OF NONJURISDICTION
A written notification from the approving authority or its designee, issued in response to a written request for a determination, stating that the proposed activity is exempt from the provisions of this chapter.[2]
[Added 12-9-1997 by L.L. No. 40-1997]
OPEN WATER MARSH MANAGEMENT MEASURES
Management and manipulation of existing grid ditches in marshes to restore proper hydrology in marshes and create a natural biological system for mosquito control.
[Added 4-27-2001 by L.L. No. 18-2001]
PRACTICABLE ALTERNATIVE
An alternative which is both available to the applicant and capable of fulfilling the overall purpose of the project. "Available and capable of being done" means the alternative is obtainable and feasible, in terms of reasonable costs, existing technology and best available measures (i.e., most up-to-date technology or the best designs, measures or engineering practices that have been developed or are commercially available), proposed use and project purpose. "Project purposes" shall be defined generally (e.g., construction of a single-family home). The purpose of evaluating practicable alternatives shall be to locate activities so that impacts to the wetland are avoided to the maximum extent practicable. The practicable alternative analysis may reduce the scale of the activity, consistent with the project purpose, proposed use and permit issuance standards set forth in Chapter 325.
[Added 4-27-2001 by L.L. No. 18-2001]
REPAIR
A customary, usual and normal activity to restore the sound and good state of a structure after decay, dilapidation, injury or partial destruction, and the routine maintenance necessary from time to time to keep a structure in a state of good repair, including renovations which do not increase the floor area of the existing structure.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building.
TRUSTEES
The Trustees of the Freeholders of the Commonalty of the Town of Southampton.
WATER RECHARGE BASIN
A permanent constructed stormwater retention or infiltration basin, made by excavation or embankment construction, whose primary purpose is to collect, retain and recharge stormwater runoff into the soil layer and underlying aquifer.
[Added 4-27-2001 by L.L. No. 18-2001]
WETLANDS
Includes tidal, freshwater and brackish wetlands as follows:
A. 
(1) 
Lands and submerged lands commonly called "brackish or intermediate marshes" which occur along coastal rivers, streams, creeks, bays, lagoons and coves where fresh and salt water mix, and which frequently form a transition zone or very narrow band between tidal and coastal fresh marshes. The vegetation of these marshes is highly varied due to the broad range of salinities characteristic of this coastal wetland type and often forms a continuum characterized by a gradual intermixing of tidal and fresh marsh plants. These lands and waters can occur at some distance inland from tidal watercourses and tidally flooded salt marshes and are commonly dominated by aquatic or semiaquatic vegetation of the following types, which depend upon intermittent permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other species:
[Amended 9-13-1994 by L.L. No. 41-1994; 4-27-2001 by L.L. No. 18-2001]
(a) 
Emergent vegetation, including, among others, bulrush (Scirpus robustus), three square (Scirpus americanus), big cordgrass (Spartina cynosuroides), salt meadow grass (Spartina patens), spike grass (Distichlis spicata), purple loosestrife (Lythrum salicaria), soft-stemmed bulrush (Scirpus validus), spike rushes (Eleocharis spp.), water hemp (Acnida cannabina), Mock Bishop weed (Ptilimnium capillaceum), rose mallow (Hibiscus moscheutos), seashore mallow (Kosteletzkya virginica); and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils, or is inundated by brackish surface waters. Field indicators of wetland hydrology or inundation shall include, among others, visual observation of inundation, visual observation of soil saturation within 24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment that settled out of standing water on plant bases or objects on the ground), staining or matting of soils, leaves or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands, scouring of debris, evidence of sheet flow), and local soil survey data (e.g., typical water table depths, durations, and soil series mapped in the county). Field indicators of bog, peat, hydric or saturated soils shall include characteristic hydric soil profiles, horizons, composition, color, texture, odor, moisture, taxonomy, and/or soil surveys.
(b) 
Brackish meadow vegetation, including, among others, sensitive fern (Onoclea sensibilis), halberd-leaved tearthumb (Polygonum arifolium), impatiens (Impatiens capensis), American germander (Teucrium canadense), marsh fern (Thelypteris palustris), soft-stemmed bulrush (Scirpus americanus), purple loosestrife (Lythrum salicaria), bristly foxtail (Setaria geniculata), purple gerardia (Agalinis purpurea) and slender goldenrod (Solidago tenuifolia).
(c) 
Scrub-shrub vegetation or woody vegetation typically less than six meters (20 feet) tall, including shrubs, young trees and trees or shrubs that are small or stunted because of environmental conditions, including, among others, groundsel-tree (Baccharis halimifolia), swamp rose (Rosa palustris), arrowwood (Viburnum dentatum), American elder (Sambucus canadensis) and black gum (Nyssa sylvatica).
(2) 
Lands and submerged lands commonly called coastal interdunal marshes which occur as low areas or swales in the dunes or barrier island, or occur as other coastal depressions landward of a rise that are not directly connected to open tidal water or tidal action, where fresh groundwater mixes with salt water and salt spray, and which are dominated by vegetation of the following types, which depend on irregular or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other vegetation, including, among others, aquatic spikerush (Eleocharis parvula), Canada rush (Juncus americanus), rose mallow (Hibiscus moscheutos), three-square (Spircus americanus), salt-meadow grass (Spartina patens), switchgrass (Panicum virgatum), annual salt-marsh fleabane (Pluchea adorata), groundsel-tree (Bacchaaris halimifolia), annual salt marsh aster (Aster subulatus), seaside goldenrod (Solidago sempervirens) and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils.
[Amended 9-13-1994 by L.L. No. 41-1994]
B. 
(1) 
Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation of the following types, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other species:
(a) 
Wetland trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), black tupelo (Nyssa sylvatica), swamp white oak (Quercus bicolor), Atlantic white cedar (Chamaecyparis thyoides), white ash (Fraxinus americana), blue beech (Carpinus caroliniana) and American elm (Ulmus americana);
(b) 
Wetland shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), highbush blueberry (Vaccinium corymbosum), sweet pepperbush (Clethra alnifolia), arrowwood (Viburnum recognitum, V. dentatum), winterberry (Ilex verticillata), dogwoods (Cornus spp.), inkberry (Ilex glabra) and leatherleaf (Chamaedaphne calyculata);
(c) 
Woodland herbaceous groundcovers and ferns, including, among others, skunk cabbage (Symplocarpus foetidus), Canada mayflower (Maianthemum canadense), cinnamon fern (Osmunda cinnamomea), sensitive fern (Onoclea sensibilis), royal fern (Osmunda regalis), marsh fern (Dryopteris thelypteris) and jack-in-the-pulpit (Arisaema triphyllum);
(d) 
Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosetrife (Decodon verticillatus), water plantain (Alisma plantago-aquatica) and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils or is inundated by fresh surface waters. Field indicators of wetland hydrology or inundation shall include, among others, visual observation of inundation, visual observation of soil saturation within 24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment that settled out of standing water on plant bases or objects on the ground), staining or matting of soils, leaves or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands, scouring of debris, evidence of sheet flow), and local soil survey data (e.g., typical water table depths, durations, and soil series mapped in the county). Field indicators of bog, peat, hydric or saturated soils shall include characteristic hydric soil profiles, horizons, composition, color, texture, odor, moisture, taxonomy, and/or soil surveys.
[Amended 9-13-1994 by L.L. No. 41-1994; 4-27-2001 by L.L. No. 18-2001]
(e) 
Rooted floating-leaved vegetation, including, among others, waterlily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.);
(f) 
Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.);
(g) 
Wet meadow vegetation, including, among others, sedges (Carex spp.), rushes (Juncus oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.), joe pyeweed (Eupatorium purpureum) and boneset (Eupatorium perfoliatum);
(h) 
Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leather leaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos); and
(i) 
Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum amphibium).
(2) 
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 further that such conditions can be expected to persist indefinitely, barring human intervention;
(3) 
Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(1) of this definition, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation; and
(4) 
The waters overlying the areas set forth in § 325-3B(1) and (2) and the lands underlying (3).
C. 
All lands lying in the area inundated by tidal action and/or peak lunar tides exhibiting salt marsh peat and saline or brackish soils at their undisturbed surface; all estuaries, tidal fresh marshes, salt meadow, tidal flats and littoral zones; and all lands which are dominated by one or more of the following plant species or associations: salt marsh hay (Spartina patens), spike-grass (Distichlis spicata), black grass (Juncus gerardi), saltwater cordgrass (Spartina alerniflora), saltwort (Salsola kali), glasswort (Salicornia spp.), sea lavendar (Limonium carolinanus), salt marsh bulrush or chairmaker's rush (Scirpus spp.), sand spurry (Spergularia marina), groundsel bush (Baccharis halimifolia), high tide bush or marsh elder (Iva frutescens), spikerush (Eleocharis spp.), bent grass (Agrotis spp.), sea blite (Suaeda spp.), umbrella sedges (Fimbrisylis spp.), Rose-mallow (Hibiscus moscheutos), narrow-leaf cattail (Typha angustifolia), arrow-grass (Triglochin maritimum), pickerel weed, (Pontederia cordata), blue flag (Iris versicolor), softstem bulrush (Scirpus validus), tussock sedge (Carex stricta) and common reed (Phragmites spp.), provided that such common reed is underlain by bog, peat, hydric or saturated soils or is inundated by tidal waters. Field indicators of wetland hydrology or inundation shall include, among others, visual observation of inundation, visual observation of soil saturation within 24 inches of the soil surface, water marks (e.g., silt or pollen lines), drift lines (e.g., deposits of water-borne debris), sediment deposits (e.g., sediment that settled out of standing water on plant bases or objects on the ground), staining or matting of soils, leaves or vegetation, drainage patterns in wetlands (e.g., braided channels in wetlands, scouring of debris, evidence of sheet flow), and local soil survey data (e.g., typical water table depths, durations, and soil series mapped in the county). Field indicators of bog, peat, hydric or saturated soils shall include characteristic hydric soil profiles, horizons, composition, color, texture, odor, moisture, taxonomy, and/or soil surveys.
[Amended 9-13-1994 by L.L. No. 41-1994; 4-27-2001 by L.L. No. 18-2001]
[1]
Editor's Note: See the definition of "wetlands" below.
[2]
Editor's Note: Former definitions of "letter of permission," added 9-13-1994 by L.L. No. 41-1994, as amended, and "minor project" and "Natural Resources Director," added 12-9-1997 by L.L. No. 40-1997, which immediately followed this definition, were repealed 4-27-2001 by L.L. No. 18-2001.

§ 325-4 Applicability and construal of provisions.

A. 
This chapter shall apply to all regulated lands within the Town of Southampton except for the following:
(1) 
Land within an incorporated village.
(2) 
Bottomlands and wetlands regulated by the Trustees of the Freeholders and Commonalty of the Town of Southampton.
(3) 
Bottomlands of, and wetlands adjacent to, artificially lined ponds.
(4) 
Lands separated from wetlands by a paved road surface which borders the entire street side property line, provided that such road was paved prior to August 13, 1993, and provided further that no direct means of drainage from such lands to the wetland, such as a culvert, exists.
[Added 9-13-1994 by L.L. No. 41-1994]
B. 
This chapter shall apply to all regulated activities within the Town of Southampton except for the following:
(1) 
Activities for which a trustee permit is required.
(2) 
Repair of a structure.
(3) 
Planting, seeding, cultivating or maintaining, without the use of fertilizers, a disturbed area in agricultural use or horticulturally improved on the effective date of this chapter.
(4) 
The planting, seeding, cultivating, maintaining or fertilizing of agricultural land by an occupier of agricultural land who has a soil and water conservation plan pursuant to § 9 of the Soil and Water Conservation Districts Law, provided that the plan has been filed with the Conservation Board and a staff member for the Conservation Board has certified that the plan is being implemented by the occupier of the agricultural land.
(5) 
Excavation and filling necessary for public improvements confined to the excavation, construction and installation of stormwater abatement measures, specifically leaching pool systems, stormwater retention basins or detention ponds, to control and trap road runoff, sediments and contaminants, provided that they are not constructed in wetlands.
(6) 
Operation and maintenance of existing dams, sluices, culverts or other water-control structures or devices which legally existed on the effective date of this chapter.
(7) 
Conservation, preservation or ecologically sound management of soil, water, vegetation, fish, shellfish and wildlife, including repair and maintenance of duck blinds or wildlife management shelters.
(8) 
Activities for which, as of the effective date of this chapter, a valid, unexpired State of New York Department of Environmental Conservation (DEC) tidal or freshwater wetlands permit and, if applicable, a valid, unexpired freshwater wetlands permit pursuant to the former Chapter 175 has been issued, or for which a valid, unexpired building permit has been issued on the basis of a no-jurisdiction letter from the DEC, provided that the permits or no-jurisdiction letter have not expired or otherwise become invalid as of the date of the commencement of the activity.
[Amended 9-28-1993 by L.L. No. 33-1993]
(9) 
Any regulated activity which is no closer than 50 feet to surface waters on a residential parcel improved with a functional bulkhead or rock revetment where the activity is generally perpendicular to a bulkhead or revetment 100 feet or more in length, and provided further that no other un-bulkheaded and/or un-revetted wetlands exist landward of such bulkhead or revetment, and provided further that such bulkhead or rock revetment was constructed or erected prior to August 13, 1993, and provided further that no activities related to construction take place closer than 50 feet to surface waters and that a project-limiting fence be installed to contain disturbance, as recommended by the approving authority in its letter of nonjurisdiction. This provision applies only to those property owners on which the bulkhead is situated.
[Added 9-13-1994 by L.L. No. 41-1994; amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001]
(10) 
Construction of a second-story addition to an existing residence which was built prior to August 13, 1993, provided that such residence is equipped with a septic system that meets current Suffolk County Department of Health Services standards and does not require the demolition and rebuilding of the residence to support a second story, and provided further that no activities related to the construction take place within wetlands and that a project-limiting fence be installed to contain disturbance, as recommended by the approving authority in its letter of nonjurisdiction.
[Added 9-13-1994 by L.L. No. 41-1994]
(11) 
Activities that have received final conditional subdivision approval pursuant to § 292-39B. If a subdivision has been approved and more than three years has lapsed, an owner must submit an application for an administrative wetlands permit to the Chief Environmental Analyst for an administrative wetlands permit pursuant to § 325-7.
[Added 4-27-2001 by L.L. No. 18-2001]
(12) 
Activities which occur landward of the upper landward edge of the face of a bluff which lies generally parallel to the most landward wetland boundary, with the exception of structures and septic systems which would be no closer than 100 and 150 feet, respectively, landward of the wetland boundary, and provided further that a nonfertilization/nondisturbance buffer zone of at least 75 feet in width would be maintained.
[Added 4-27-2001 by L.L. No. 18-2001]
C. 
If any part of this chapter conflicts with Town, county or state law, the law or ordinance that is more protective of the environment shall prevail.

§ 325-5 Approving authority.

The approving authority with respect to applications under this chapter shall be the Conservation Board, except that the Planning Board shall be the approving authority with respect to any application which requires site plan, subdivision or special exception approval. Where the identity of the approving authority is at issue, the Town Board shall designate the approving authority by resolution.

§ 325-6 Regulated activities and areas.

[Amended 4-27-2001 by L.L. No. 18-2001]
A. 
It shall be unlawful to engage in any of the following activities in a wetland area or within 200 feet of a wetlands boundary without a permit or an administrative wetlands permit pursuant to this chapter:
(1) 
Place or deposit, or permit to be placed or deposited, any debris, fill, sand, gravel or other material.
(2) 
Clear, dig, dredge or in any other way add to, alter or remove any material.
(3) 
Plant, seed, cultivate or maintain with the use of fertilizers, any lands, other than those exempted under § 325-4B(4), unless the occupier of the land maintains a natural seventy-five-foot buffer from any wetlands boundary.
(4) 
Erect, construct, reconstruct or enlarge a structure.
(5) 
Build, create or install any cesspool, septic tank, leaching field or other in-ground sewage or other waste disposal or storage system, including any pipe, conduit or other part thereof.
(6) 
Construct, create, eliminate, enlarge or diminish in size any wetland by filling, dredging, damming or any other method.
B. 
Upon receipt of an application for any kind of permit or administrative wetlands permit involving a regulated activity, the official charged with the duty of issuing any such permit may refer the matter to the Chief Environmental Analyst for assistance in determining whether the proposed work requires a permit under this chapter.
C. 
The wetland boundary as determined by the Chief Environmental Analyst shall be presumptively correct. In the event that there is a dispute with regard to the location of any wetlands boundary between the location of the boundary as identified by the Chief Environmental Analyst and the location of the boundary as mapped by the applicant, the approving authority shall consider evidence at the public hearing from the applicant and the Chief Environmental Analyst concerning the location of the boundary. The approving authority shall establish the final location of the boundary as part of its decision to approve, approve with modifications or conditions, or deny the issuance of the permit.

§ 325-7 Application for permits.

[Amended 9-13-1994 by L.L. No. 41-1994]
A. 
The Conservation Board shall provide an application form setting forth the information and documentation required to be submitted by an applicant for a wetlands permit. A full environmental assessment form pursuant to the State Environmental Quality Review Act (SEQRA) shall accompany each application considered to be a Type I or unlisted action pursuant to SEQRA. Applications shall be submitted to the Conservation Board, unless the Planning Board is the approving authority for any such application, in which case the application shall be submitted to such Board. No application shall be considered complete until the approving authority has made a determination that the application is a Type II action or has made a negative declaration pursuant to SEQRA or, where a positive declaration has been made, until the approving authority accepts a draft environmental impact statement as complete for review, the report of the Chief Environmental Analyst under § 325-8 has been received and the required fee under § 325-13 has been paid.
[Amended 2-14-1995 by L.L. No. 10-1995; 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001]
B. 
Activities which require an administrative wetlands permit shall include the following:
[Amended 4-27-2001 by L.L. No. 18-2001]
(1) 
Construction, installation or removal of a fence, open arbor, trellis or other similar structure and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(2) 
Pruning, removal of nuisance and dead or diseased vegetation or supplemental planting of native vegetation, provided that any such activity is otherwise authorized and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(3) 
Planting, seeding, cultivating or maintaining with use of fertilizers, other than those activities exempted under §§ 325-4B(4) and 325-6A(3) where such activities would occur no closer than 75 feet landward of the wetlands boundary and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands. Where such regulated activities are proposed on undeveloped property(ies), the minimum setbacks shall be 100 feet for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation.
(4) 
Environmental testing activities, including test borings, soil sampling, environmental assessment and inventory activities, and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(5) 
Actions designed to provide structural support to buildings and structures that have incurred or are in imminent peril of incurring structural damage, without which such buildings may suffer further failure and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(6) 
Demolition or removal of any material or building or structure, provided that a project limiting fence be installed to contain disturbance if deemed appropriate and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(7) 
Restoration of wetlands and wetland buffers that were destroyed, substantially altered or degraded due to filling, excavation, drainage, clearing and/or invasion by nuisance plants, including restoration of natural ground elevations, natural hydrology, removal of non-native or nuisance vegetation and planting of native vegetation or habitat management techniques designed to enhance wetland values and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(8) 
Construction of additions to the landward side of an existing functional single-family dwelling, where such dwelling generally lies parallel to the wetland boundary, provided that a nondisturbance/nonfertilization buffer zone at least 50 feet in width would be maintained.
(9) 
Construction of additions to an existing structure, other than those set forth under § 325-7B(8), where such activities would occur no closer than 100 feet landward of the wetlands boundary, provided that a nonfertilization/nondisturbance buffer zone at least 75 in width would be maintained, and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands, provided that such residence is equipped with a septic system that meets current Suffolk County Department of Health Services standards.
(10) 
Remodeling, renovation or reconstruction of a structure to comply with § 330-84D (Pyramid Law) of the Town Code and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dune or other steep slopes adjacent to the wetlands.
(11) 
Construction of accessory structures for existing single-family dwellings, where such activities would occur no closer than 100 feet landward of the wetland boundary, provided that a nonfertilization/nondisturbance buffer zone at least 75 feet in width would be maintained, and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(12) 
Construction of new single-family dwellings where such activity and all associated land disturbance would occur no closer than 125 feet landward of the wetlands boundary, provided that a nonfertilization/nondisturbance buffer zone of at least 100 feet in width would be maintained and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(13) 
Construction within the existing footprint of the primary and accessory structures, provided that such activity would occur no closer than 75 feet landward of the wetland boundary and provided that a nonfertilization/nondisturbance buffer zone of at least 50 feet would be maintained and provided further that such residence would be equipped with a septic system located no closer than 150 feet to the wetlands boundary and such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(14) 
Construction of pervious residential driveways or walkways, where such activities would occur no closer than 75 feet landward of the wetlands boundary and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(15) 
Construction of access-related structures, including, but not limited to, structures needed to ensure American Disabilities Act (ADA) compliance, such as stairs, ramps, walkways, trails and/or other similar structures, and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(16) 
The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks, fuel lines, fuel dispensers, cesspools, septic systems or sanitary wastewater activities, including necessary site work, and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(17) 
Installation and connection of underground electric, sewer, water, gas or other utilities to a residence where such installation will occur no closer than 75 feet landward of the wetlands boundary and will involve restoration of existing ground elevation and vegetation and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(18) 
Open water marsh management measures and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(19) 
Construction of berms no closer than 75 feet landward of the wetlands boundary, and 100 feet for undeveloped property(ies), and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(20) 
Construction or installation of a drainage structure for the retention of runoff, provided that such structure incorporates the maximum feasible setback from the wetlands and provided further that such activity will not have an undue adverse impact on wetlands, bluffs, cliffs, dunes or other steep slopes adjacent to the wetlands.
(21) 
Renewal and/or transfer of all permits on the same conditions as the original permit if there is no change in the natural or physical conditions or characteristics of the project site which would warrant reconsideration of the permit. Renewal and/or transfer of all permits shall be for a period of one year.
(22) 
Improvement of existing driveways, but limited to adding curbing, entrance gates, lighting and improving drainage systems.
C. 
Letter of nonjurisdiction. The landowner may request from the approving authority or its designee a letter of nonjurisdiction. Such a request must be made in writing and must be made in a form and manner prescribed by the approving authority. The approving authority or its designee shall issue a determination within 30 days of receipt of the properly submitted written request for a determination. If the request for a determination is denied by the designee of the approving authority, the person making the request shall have the right to review of this request by the approving authority. A request for review of a denial by the designee of the approving authority shall be made by the person seeking the determination and shall be made in writing to the approving authority within 30 days of the date of the denial by the designee of the approving authority. The approving authority shall make a determination on the denial by the designee of the approving authority within 30 days after receipt of the written request.
[Added 12-9-1997 by L.L. No. 40-1997]
D. 
An application shall include, but not be limited to, the following information:
[Added 12-9-1997 by L.L. No. 40-1997]
(1) 
The name, address and phone number of the applicant, his/her surveyor and the applicant's agent and/or attorney, if any, and whether the applicant is the owner, lessee or a contract vendee of that parcel. An agent or attorney filing an application on behalf of an applicant shall be required to file an affidavit stating that consent of all owners has been obtained for that agent or attorney to act in their behalf.
(2) 
The subdivision name, subdivision lot number, the zoning district, the Suffolk County Tax Map number and the Town-designated property number, the parcel's location in any zoning overlay districts and the size of the parcel.
(3) 
List whether any rights-of-way, easements, restrictive covenants or any other encumbrances exist on the parcel, and include the legal instrument creating said encumbrance.
(4) 
List whether any wetlands permits have been issued by the Town under Chapter 175[1] and/or Chapter 325 of Code of the Town of Southampton, and, if so, give the date the permit was issued and the name of the applicant.
[1]
Editor's Note: Former Ch. 175, Freshwater Wetlands, was repealed 6-8-1993 by L.L. No. 16-1993. See now Ch. 325, Wetlands, and Ch. 325A, Wetlands, Freshwater.
(5) 
List whether a wetlands permit or letter of nonjurisdiction has been obtained for the proposed project from the New York State Department of Environmental Conservation, and, if so, provide a copy of document.
(6) 
List the predominant soil types on the parcel, describe the drainage characteristics of the property and the depth to groundwater on the parcel.
(7) 
List whether any hunting, fishing or shellfishing opportunities presently exist on or adjacent to the parcel.
(8) 
List whether the property contains any species of plant and/or animal life listed as rare, threatened or endangered by the United States of America, the State of New York or the New York State Heritage Program, and, if so, list the species and its status.
(9) 
List whether the property has ever been used for the disposal of solid and/or hazardous waste.
(10) 
List the dimensions, square footage, type of each proposed structure and the setback to all wetland boundaries and property lines for each proposed structure.
(11) 
List the type and square feet or acres of vegetation and soil types, if any, to be cleared or removed.
(12) 
List separately the amount of fill to be deposited on site for a septic system and for the rest of the proposed project.
(13) 
List the anticipated water usage per day.
(14) 
List whether the application requires the issuance of federal, state or other local government approval and/or permits.
(15) 
A deed and/or title report demonstrating ownership of the subject parcel.
(16) 
A disclosure affidavit from all owners of the property.
E. 
Plot plan. The applicant shall provide 10 blue print copies of a plot plan based upon an up-to-date guaranteed survey giving a detailed layout of the lot or parcel, drawn to scale, and which clearly shows:
[Added 12-9-1997 by L.L. No. 40-1997]
(1) 
All property lines with directional bearings and distances, the parcel's relationship to adjoining premises and public streets, and lot area.
(2) 
The nature, size and location of any wetlands as flagged or verified by the staff of the Department of Land Management, Environmental Division.
(3) 
Existing topography of the site at two-foot contour intervals as referred to the 1929 NGVD datum, the boundary line of mean high water where the parcel bounds on tidal waters, and water depth contours for fill projects or pond enlargements.
(4) 
Location of existing and proposed wells and septic systems, and the location of adjacent wells and septic systems within 150 feet of the subject property.
(5) 
The location of all existing and proposed buildings, structures, improvements, driveways and parking areas, the number of stories for each structure, with setback dimensions to each structure from all property lines and wetlands. The closest point from any wetland should be clearly marked depicting setbacks in liner feet. The existing and proposed edge of clearing shall also be shown on the survey.
(6) 
The location of all known easements, roads, trails, rights-of-way and utilities on, over or immediately adjacent to the parcel.
(7) 
The zoning district or districts and any zoning overlay districts in which the subject property is located, the Suffolk County Tax Map number, a directional arrow indicating North and the lot area.
(8) 
The flood zone designation according to FEMA.
F. 
Nothing herein shall prevent the approving authority from requiring an applicant to submit information the approving authority deems necessary to render a decision on the application during the approving authority's review of an application.
[Added 12-9-1997 by L.L. No. 40-1997]

§ 325-8 Procedure for evaluating permit applications.

A. 
Within five days after receipt of an application pursuant to this chapter, the approving authority shall refer the same to the Chief Environmental Analyst for review and an advisory report. The Chief Environmental Analyst shall report back to the approving authority, in writing, within 30 days of the date of the referral unless the Chief Environmental Analyst requests, and the approving authority grants, an extension of time not to exceed one additional period of 30 days.
[Amended 4-27-2001 by L.L. No. 18-2001]
B. 
The approving authority shall, no sooner than 30 days and not later than 60 days after the receipt of a complete application, hold a public hearing on any applications submitted pursuant to this chapter unless the public hearing requirement is waived by the approving authority or the approving authority has treated the application as a minor project and has acted under the provisions of § 325-8.1. In determining whether to hold a public hearing, the approving authority shall consider the degree of public interest in the application and the extent to which a public hearing can aid the decisionmaking process by providing a mechanism for collecting relevant data. Whenever any other hearing is required to be held by the approving authority under another article of this Code, the approving authority may combine the hearings and provide for one notice of combined hearings.
[Amended 12-9-1997 by L.L. No. 40-1997]
C. 
The approving authority shall give notice of a public hearing as follows:
(1) 
By causing notice of such hearing to be published in the official Town newspaper and one additional newspaper of general circulation at least 10 days prior to the date set for such hearing.
[Amended 12-9-1997 by L.L. No. 40-1997]
(2) 
By requiring the applicant to erect a white sign or signs with black lettering, measuring not less than two feet long and one foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice of the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the approving authority. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit that he has complied with the provisions of this section.
(3) 
By requiring the applicant to mail written notice of the date, time and place of the hearing, together with a copy of the application and survey submitted to the approving authority, by certified mail, return receipt requested, to every property owner, as shown on the current Town of Southampton assessment rolls, of parcels abutting the property which is the subject of the application, proof of which shall be submitted to the approving authority on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least 10 days prior to the hearing date.
(4) 
If the applicant cannot provide the affidavits as required by Subsection C(2) and (3) at the time of the hearing, the applicant shall be required to pay an additional fee established, and changed as needed, by resolution of the Southampton Town Board prior to the rescheduled hearing date. A copy of the fee schedule is on file in the Town Clerk's office and the Department of Land Management. The Conservation Board shall have the authority to waive this fee when in its judgment a waiver of the fee is appropriate.
[Added 12-9-1997 by L.L. No. 40-1997; amended 11-10-2009 by L.L. No. 46-2009]
D. 
Within 45 days of the close of any public hearing, the approving authority shall render a decision to approve, approve with modifications or conditions or deny the issuance of a permit for the proposed activity. The approving authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 325-11.
E. 
If the public hearing requirement has been waived, a decision to approve, approve with modifications or conditions, or deny the issuance of a permit shall be rendered within 45 days of the receipt of a complete application. The approving authority shall also set the term of any permit issued pursuant to its decision, in accordance with the provisions of § 325-11.
[Amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001]
F. 
The approving authority may require covenants, performance/maintenance bonds or other similar documents to assure that the provisions of this section are adhered to.
[Added 12-9-1997 by L.L. No. 40-1997]

§ 325-8.1 Administrative wetlands permit review procedures.

[Added 4-27-2001 by L.L. No. 18-2001[1]]
A. 
The landowner may request from the Chief Environmental Analyst an administrative wetlands permit by completing an application. The application will allow the Chief Environmental Analyst to determine that such activity is described in § 325-7B and that such activity is compatible with the intent and purposes of this chapter and will not have a significant impact on wetlands or their functions and benefits. The application for an administrative wetlands permit must be upon the form provided by the Chief Environmental Analyst and must include the following minimum information:
(1) 
A description of the proposed activity.
(2) 
Location map and survey as prepared by a licensed surveyor.
(3) 
Any additional information the Chief Environmental Analyst may require to properly evaluate the location of the proposed activity.
B. 
If the Chief Environmental Analyst determines to issue an administrative wetlands permit, the application procedures set forth in § 325-8 need not be followed. Such administrative wetlands permit shall be issued within 45 days of an accepted request therefor. Nothing herein shall be construed to prohibit the Chief Environmental Analyst from attaching such reasonable conditions to an administrative wetlands permit to ensure that wetlands or their benefits will not be adversely affected.
C. 
Administrative wetlands permits will be issued by and bear the name and signature of the Chief Environmental Analyst and will specify the:
(1) 
Activity for which the permit is issued.
(2) 
Address or location where the activity is to be conducted.
(3) 
Name and address of the applicant.
(4) 
Permit number and date of issuance.
(5) 
Period of permit validity. If not otherwise specified, the permit will expire three years from the date of issuance.
(6) 
The terms and conditions of the approval.
D. 
If the Chief Environmental Analyst determines that a proposed activity, despite its inclusion in § 325-7B, may have an adverse impact on wetlands or their functions and benefits, the Chief Environmental Analyst may deny to issue an administrative wetlands permit and require an application pursuant to § 325-7D of this chapter. Any such decision shall be communicated to the party requesting the administrative wetlands permit within 15 days thereof and must include a finding of fact that enumerates the basis for the issuance or denial of the permit
E. 
Acting on administrative wetlands permits. All decisions shall be filed in the Town Clerk's office. The Chief Environmental Analyst will also provide the Conservation Board on a monthly basis with a list of administrative wetlands permits that were issued or denied and will also provide the Conservation Board with a description of the proposed project, location of the proposed project, and the basis for the issuance/denial of the administrative wetlands permit. A list of administrative wetlands permits that were issued or denied will be available to the public on the Town's website. The listing will include a brief description of the proposed project, the location of the proposed project and the basis for the issuance/denial of the administrative wetlands permit.
F. 
Upon approval of the application, the Chief Environmental Analyst shall cause two sets of plans and specifications to be endorsed with word "approved." The Chief Environmental Analyst shall also cause an administrative wetlands permit to be issued. Prior to any construction or land disturbance, the applicant shall prominently display said administrative wetlands permit on the premises facing each public street. The applicant shall also keep a copy of the plans and specifications on site open to inspection by the Chief Environmental Analyst or his authorized representative at all reasonable times.
G. 
The Chief Building Inspector or designee shall accept applications for administrative wetlands permits, which shall forward one copy of each application submitted to the Chief Environmental Analyst.
H. 
The Chief Environmental analyst may issue and extend an administrative wetlands permit for one or more periods of up to three years each.
I. 
Denials. If the Chief Environmental Analyst denies the issuance of an administrative wetlands permit, the applicant can file an application in accordance with procedures set forth in § 325-7, 325-8 and 325-9.
J. 
The Chief Environmental Analyst may suspend or revoke an administrative wetlands permit theretofore issued and approved in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentations as to a material fact in the application, plans or specifications on which the administrative wetlands permit was based;
(2) 
Where he finds that the administrative wetlands permit was issued in error and should not have been issued in accordance with the applicable law;
(3) 
Where he finds that the work performed under the permit exceeds the scope of the application for which the permit was issued or there is a violation of one of the conditions of the permit.
[1]
Editor's Note: This local law also stated that it applied to all subdivision applications that received final conditional approval after 5-1-2001.

§ 325-9 Standards for issuing a permit.

[Amended 1-25-1994 by L.L. No. 4-1994]
A. 
Permits shall delineate a specific buffer zone from the wetlands boundary for activities regulated by this chapter. The approving authority shall, where practicable, impose a minimum buffer zone of 100 feet for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation, 125 feet for structures, and 150 feet for wastewater disposal and/or sanitary systems; provided, however, that where such regulated activities are proposed on developed properties, the minimum buffer zone imposed shall, where practicable, be 75 feet for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation, and 100 feet for structures; provided further, however, that where such setbacks are imposed landward of the wetland community of a constructed water recharge basin, the minimum buffer zone imposed shall be 25 feet for regulated activities. The approving authority shall impose greater buffer zones only where there is an affirmative showing on the record that the imposition of the minimum buffer zone would be insufficient, due to site-specific features, to protect and preserve the wetlands.
[Amended 4-27-2001 by L.L. No. 18-2001]
B. 
No wetlands permit shall be issued unless the applicant demonstrates and the approving authority finds that the following standards have been met:
(1) 
The proposed project is compatible with the purposes and findings listed in §§ 325-1 and 325-2 of this chapter.
(2) 
The maximum practicable buffer zone, sufficient to protect and preserve the wetland (as required by Subsection A above), has been established for all activities regulated by this chapter.
(3) 
All reasonable mitigation measures have been taken to ensure that wetlands or their benefits will not be adversely affected.
(4) 
The proposed project will not diminish any wetland in size or quality, unless the approving authority finds that the proposed activity is water-dependent or requires access to the wetland as a central element of its basic function and will result in the minimum possible alteration or impairment of the wetland or, if the proposed activity is not water-dependent, that there is no practicable alternative.
C. 
The approving authority shall, where practicable, impose an expanded minimum buffer zone of 100 feet for turf, fertilizers, pesticides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation, 125 feet for structures, and 175 feet for wastewater disposal and/or sanitary systems from wetlands documented as habitat for rare and endangered plants and animals and/or rare ecological communities, as documented by the New York Natural Heritage Program. Areas that the approving authority may consider for expanded minimum buffers include, but are not limited to, extremely sensitive areas, such as coastal plain ponds and pond shores; coastal plain inland Atlantic white cedar swamps; and breeding habitat for state endangered eastern tiger salamander, northern harrier, least and roseate tens, and osprey.
[Added 4-27-2001 by L.L. No. 18-2001]
D. 
For projects that do not satisfy the standards enumerated in this section, the approving authority shall consider imposing less than the recommended setbacks if the approving authority finds that the following requirements have been met:
[Added 4-27-2001 by L.L. No. 18-2001]
(1) 
If the approving authority determines that the applicant has demonstrated that there are no practicable alternatives which meet the standards set forth in § 325-9A. Practicable alternatives that meet the standards set forth in § 325-9A are presumed to be available unless the applicant clearly demonstrates otherwise.
(2) 
The approving authority shall require the applicant to submit information to describe sites and the work both for the proposed location and alternative site locations and configurations sufficient for a determination by the approving authority. The level of detail shall be commensurate with the scope of the project and the practicability of alternatives.
(3) 
The approving authority shall require the applicant to demonstrate that the proposed work and location would have a less adverse environmental impact than any practicable alternative that meets the standards set forth in § 325-9A in order for it to be approved. Practicable alternatives that meet the standards set forth in § 325-9A are presumed to have less adverse impacts on the wetlands than projects that don't meet such standards, unless the applicant clearly demonstrates otherwise.
(4) 
The approving authority may consider imposing less than the recommended setbacks if the approving authority determines that the applicant has demonstrated the following:
(a) 
A buffer zone with an overall average width equivalent to the minimum required buffer zones set forth in § 325-9A, for turf, fertilizers, pesticides, herbicides, fungicides or similar treatments, landscaping or other clearing or disturbance of natural vegetation will provide equivalent protection of the wetland, or that partial relief of the minimum buffer requirements is both reasonable and sufficient to justify a lesser overall average buffer zone for such activities.
(b) 
The proposed work and location will not impair the capacity of the wetland and buffer to provide essential wildlife habitat characteristics, including, among others, food, shelter, breeding, cover, screening and migratory habitat, as well as essential corridors and connective functions.
(c) 
The proposed work and location will not impair wetlands and surface water quality by incorporating erosion, sedimentation and runoff controls to minimize nonpoint source pollution.
(d) 
Mitigating measures shall be implemented that contribute to the protection and enhancement of wetlands and wetland benefits.
(5) 
If the applicant can meet the criteria enumerated in § 325-9D(1) through (4), then the approving authority may impose less than the recommended setbacks set forth in § 325-9A.
E. 
Any subdivision application submitted for review and final conditional approval pursuant to Chapter 292, § 292-39B, shall be required to meet the standards for issuing a permit set forth in § 325-9E and 292-39B. As part of final conditional approval, the Planning Board will include, as a condition, a resolution from the Conservation Board approving, denying or modifying the conditions set forth by the Planning Board. The Planning Board can override a condition of the Conservation Board by a unanimous vote of all members of the Planning Board. If the Conservation Board does not pass a resolution approving, denying or modifying the conditions within 62 days of the receipt of a complete final plat submission or within 62 days after the date of the public hearing if such hearing is held, then the Planning Board will consider this nonaction by the Conservation Board a default approval by the Conservation Board and the Planning Board can proceed without any resolution from the Conservation Board.
[Added 4-27-2001 by L.L. No. 18-2001]

§ 325-10 (Reserved) [1]

[1]
Editor's Note: Former § 325-10, Acquisition of property for conservation purposes, was repealed 5-13-1997 by L.L. No. 9-1997.

§ 325-11 Term of permit.

The term of any wetlands permit issued under this chapter shall be set by the approving authority for a definite period of not less than one year nor more than three years. The expiration date shall be clearly stated on the face of the permit.

§ 325-12 Renewal, modification, transfer, suspension or revocation of permits.

A. 
Upon written request filed at least 30 days prior to the expiration date of a permit issued pursuant to this chapter, the applicant shall be entitled to apply for modification of the existing permit, if the approving authority finds that there has been no change in the natural or physical conditions or characteristics of the project site which would warrant reconsideration of the permit and if the proposed modifications will not result in any new adverse impacts to the wetlands. In addition, any wetlands permit or any extensions thereof issued pursuant to Town Code Chapter 175, Wetlands, repealed on August 13, 1993, may be renewed at the discretion of the Conservation Board, provided that a written request for a renewal is filed not less than 30 days prior to the expiration date of the current permit and provided further that no modifications of such permit extending greater relief may be considered.
[Amended 9-28-1993 by L.L. No. 33-1993; 4-27-2001 by L.L. No. 18-2001]
B. 
A transfer of permit shall be granted upon request by a new property owner.
[Amended 12-9-1997 by L.L. No. 40-1997]
C. 
The approving authority may suspend or revoke a permit where it finds that the work being performed exceeds the scope of the application for which the permit was granted or there is a violation of one of the conditions of the permit.

§ 325-13 Fees.

[Amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001; 1-27-2004 by L.L. No. 3-2004]
A fee schedule shall be established for all applications, and changed as needed, by resolution of the Southampton Town Board. A copy of the fee schedule is on file with the Town Clerk’s office and the Department of Land Management.

§ 325-14 Violations and penalties.

The following penalties shall apply:
A. 
Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed $3,000 for every such violation. Before the civil penalty is imposed, the alleged violator shall be afforded an opportunity to be heard before the approving authority upon due notice. He shall have the right to know the specific charges against him and to be represented by counsel.
B. 
In addition, any person who violates any provision of this chapter shall be guilty of a violation pursuant to the Penal Law, punishable by a fine of not less than $500 nor more than $1,000 and shall be required to pay a mandatory water quality protection surcharge of $100. The water quality protection surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction, who shall thereafter pay such money to the Town Comptroller, who shall administer such money in accordance with the provisions of § 8-6.2 of this Code. For each subsequent offense, the violator shall be guilty of a misdemeanor, punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. Subsequent offenders shall not be subject to the water quality protection surcharge.
[Amended 5-13-2014 by L.L. No. 11-2014]
C. 
In lieu of or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense, insofar as that is possible. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
D. 
Where on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures such as off-site wetland restoration or creation and/or monetary compensation for wetland losses may be required. Where appropriate, the approving authority may require a fee in lieu of direct action to compensate for wetlands damage. Such fees shall be held in trust for the express use of wetland preservation, creation, restoration or enhancement projects and shall not be commingled with other funds collected under this chapter.
E. 
The approving authority shall have the right, upon Town Board authorization, to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter.
F. 
Any violation of a permit or a letter of permission or a condition made part of a permit or a letter of permission shall be deemed a violation of this chapter.
[Added 12-9-1997 by L.L. No. 40-1997]

§ 325-15 Appeals.

[Amended 12-9-1997 by L.L. No. 40-1997; 4-27-2001 by L.L. No. 18-2001]
Any person aggrieved by the issuance, denial, suspension or revocation of a permit or by a civil penalty imposed under this chapter may seek relief pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceedings shall be instituted within 30 days after the filing of a decision by the approving authority in the office of the Town Clerk. Any person aggrieved by the issuance of an administrative wetlands permit may seek relief pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York after the filing of a decision by the Chief Environmental Analyst in the Town Clerk's office.