Town of Southeast, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southeast 4-24-2003 by L.L. No. 9-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 10.
Flood damage prevention — See Ch. 74.
Stormwater management and erosion and sediment control – See Ch. 119.
Subdivision of land — See Ch. 123.
Zoning — See Ch. 138.
078a Freshwater Wetlands Procedural Regulations

§ 78-1 Purpose; findings.

A. 
Declaration of policy. It is declared to be the public policy of the Town of Southeast to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of wetlands and watercourses, in order to secure the natural benefits therefrom for the protection of public health and safety and consistent with the general welfare and the beneficial economic, social and agricultural development of the Town.
B. 
Findings. The following findings are made:
(1) 
Wetlands and watercourses in the Town of Southeast are invaluable resources for flood protection, wildlife habitat, open space, nutrient retention and sediment trapping, visual/aesthetic reasons, water-based recreation, groundwater protection potential and drinking water.
(2) 
Wetlands and watercourses in the Town have been or are in jeopardy of being lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other acts inconsistent with the natural uses of such wetlands and watercourses.
(3) 
Recurrent flooding of areas of the Town, aggravated or caused by the loss of wetlands or alteration of watercourses, has serious effects upon natural ecosystems and presents serious hazards to the health, safety, welfare and property of the people in the Town, within and outside such wetlands and watercourses, including loss of life, loss and damage to private and public property, disruption of lives and livelihoods, interruption of commerce, transportation, communication and governmental services, and unsanitary and unhealthful living and environmental conditions.
(4) 
Wetlands and watercourses conservation is a matter of concern to the entire Town, and the establishment of preservation, protection and conservation practices is essential to the public health, safety and welfare since actions on wetlands and watercourses in one location affect persons and property in other locations.
(5) 
Wetlands and watercourses overlap many properties and neighborhoods, and experience has demonstrated that effective wetlands and watercourses protection requires uniformity of preservation, protection and conservation throughout the Town.
(6) 
Loss, despoliation or impairment of wetlands deprives people of the Town some or all of the many and multiple benefits to be derived from wetlands, such as the following:
(a) 
Flood and stormwater runoff control by hydrologic adsorption and storage capacity of wetlands;
(b) 
Wildlife habitat by providing for breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species.
(c) 
Protection of subsurface water resources and provision for valuable watersheds and recharging of groundwater supplies;
(d) 
Recreation by providing resource areas for hunting, fishing, boating, hiking, bird watching, photography, camping and other uses;
(e) 
Pollution treatment by serving as biological and chemical oxidation basins;
(f) 
Erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter, protecting channels and water bodies, dissipating erosive forces and anchoring shorelines;
(g) 
Education and scientific research by providing outdoor biophysical laboratories, living classroom and resources for training and education.
(h) 
Open space and aesthetic appreciation;
(i) 
Sources of nutrients in freshwater food cycles and the nursery ground and sanctuary for fish; and
(j) 
Vegetation providing temperature modification, purification of the air and natural products for harvest.
(7) 
Improper use and the despoliation or impairment of water sources deprives people of the benefits thereof, such as the following:
(a) 
Surface draining free from erosion and sedimentation and with capacity to carry runoff without danger of flooding;
(b) 
Fresh waters for potable water supply and for boating, swimming, fishing and other recreation; and
(c) 
Continuity of water flows and supplies throughout the year.
(8) 
Regulation of wetlands and watercourses is consistent with the legitimate interests of farmers and other landowners to graze and water livestock, make reasonable use of water resources, harvest natural products of the wetlands and selectively cut timber.

§ 78-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated below:
CONSERVATION COMMISSION
That municipal body heretofore created by the Town Board in accordance with the General Municipal Law of the State of New York and pursuant to Chapter 10 of the Town Code.
CONTROLLED AREA
Shall include all wetlands and the area surrounding the same based on hydrological soil grouping and all watercourses and adjacent contributory surfaces based on hydrological soil grouping and slope percentage as indicated by the distances on the chart below. "Hydrological soil grouping" (HSG) is defined as a system of grouping soils according to the water infiltration and transmission rate characteristics when the soil is thoroughly wet.
Wetland Buffer by Hydrological Soil Group
HSG
Buffer
(feet)
A
High infiltration, transmission deeply drained
100
B
Moderate infiltration and transmission and moderately drained
133
C
Slow infiltration, transmission poor to well drained
166
D
Very slow infiltration, transmission, permanent water
200
Watercourse Buffer by Hydrological Soil Group or Slope Percentage
HSG
Slope%
Buffer
(feet)
A or A and B
0-3%; 3-8%
100
B or C
8-15%
100
C or D
15-25%
130
D or E
25-35%
170
F
35-60%
200
PERSON
Shall include any person, corporation, firm, partnership, association, trust, estate, individual, joint venture, and any unit of government, agency or subdivision thereof that is subject to this chapter.
POLLUTION
Shall include, in addition to its usual meaning, the presence in the environment of man-induced conditions or contaminants in quantities or with characteristics which are or may be injurious to human, plant, wildlife, animal forms or life or property.
WATERCOURSES
Shall include the following:
A. 
Rivers, streams, brooks and waterways which are delineated on the current edition of the U.S. Department of Interior, Geological Survey, 7.5 Minute Series (topographic maps covering the Town of Southeast);
B. 
Any other streams, brooks and waterways containing running water more than six months a year; and
C. 
Lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, which are fed by or have surface discharge to another wetland or watercourse.
A. 
Lands and waters consisting of any of the following:
(1) 
Soil types which are poorly drained, very poorly drained, alluvial and floodplain soils as defined by the U.S. Department of Agriculture, Soil Conservation Service, which soil types in the Town of Southeast have the following map codes and names:
Map Code
Name
25
Sun silt loam
27
Sun (stony silt loam)
28
Fredon loam
35
Raynham silt loam
100
Fluvaquents
101
Carlisle muck
103
Freshwater marsh (aquents)
108
Udorthents wet substratum
251
Ridgebury loam
252
Ridgebury very stony loam
311
Fluvaquents
1011
Palms muck
1251
Leicester loam
1252
Leicester very stony loam
(2) 
Lands and submerged lands, commonly called "marshes," "swamps," "sloughs," "bogs" and "flats," supporting aquatic or semiaquatic vegetation of the following vegetative types.
(a) 
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 spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), American elm (Ulmus americana) and larch (Larix laricina);
(b) 
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 spp.), bottonbrush (Cepha lanthus occidentalis), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), spice bush (Lindera benzoin), winter berry (Llex montans), red-osier dogwood (Cornus stolonifera) and highbush blueberry (Vaccinum corymbosum);
(c) 
Emergent vegetation, including, among other, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Saggittaria spp.), reed (Pharagnites communis), wild rice (Zigzania aquatica), bur-reeds (Spargantum spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodor verticillatus) and water plantain (Alisma plantago-acquatica);
(d) 
Rooted, floating-leaved vegetation, including, among others, water lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.);
(e) 
Free-floating vegetation, including, among others, duck weed (Lemna spp.), big duckweed (Spirodela Polyrhiz) and watermeal (Wolffia spp.);
(f) 
Wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it a competitive advantage over other open land vegetation, including, among others, sedges (carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut grass (Leersia oryzoides), reed canary grass (Phalaris arundinance), swamp loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.), skunk cabbage (Symplocarpus foetides) and false hellebore (Veratrum viride);
(g) 
Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calculata), pitcher plant (Sarrancenia purpurea), and cranberries (Vaccineum macrocarpon and V. oxycoccos);
(h) 
Submergent vegetation, including, among others, pondweeds (Potamoziton spp.), mavads (Najas spp.), bladderworts (Ultricularia spp.), wild cherry (Vallisneri americana), coontails (Ceratophyllum demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara), stonework (Nitella spp.), water weeds (Elodes spp.), and water smartweed (Polygonum amphihium).
(3) 
Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a significantly 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.
(4) 
Lands enclosed by aquatic or semiaquatic vegetation as set forth in Subsection A(2) and dead vegetation as set forth in Subsection A(3), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
(5) 
Waters overlying the areas set forth in Subsection A(1) and A(3) and lands underlying areas set forth in Subsection A(4).
(6) 
Lands and waters possessing the characteristics described in Subsection A(1), (2), (3), (4) and (5) that are less than one acre but are both hydrologically connected to and within 50 meters (165 feet) of other wetlands and together with these exceed one acre.
B. 
Unvegetated open water is part of a wetland if it is more than 50% enclosed by wetland vegetation and is no larger than 2.5 hectares (6.2 acres). If the body of open water, substantially enclosed by wetland vegetation, is larger than 2.5 hectares, then only that portion within 50 meters (165 feet) of the wetland vegetation is part of the wetland.
C. 
Unvegetated open water adjacent to wetlands but not substantially surrounded by wetland vegetation may be considered to be part of the wetland to a depth of two meters (6.6 feet) below low water or to the maximum extent of nonpersistent emergents, if these grow at depths greater than two meters.
D. 
All areas within the one-hundred-year floodplain as shown on the latest map entitled "FIRM, Flood Insurance Rate Map; Town of Southeast, New York, Putnam County," prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, as amended from time to time.
WETLANDS INSPECTOR
The agent appointed by the Town Board to fulfill the designated enforcement and permit-processing responsibilities set forth in this chapter. A qualified Wetlands Inspector shall have a degree from an accredited college or university in a related field, a minimum of two years of delineation experience, and scientific knowledge about the biogeophysical structure, function, or interrelationships of terrestrial and aquatic/semiaquatic plant and animal communities.
[Added 7-20-2006 by L.L. No. 7-2006]

§ 78-3 Regulated activities; exclusions; permit application; application transmittal.

A. 
Regulated activities and permits. Any person desiring to conduct a regulated activity as set forth in § 78-3B in any controlled area shall obtain a permit therefor as hereinafter provided.
B. 
Activities regulated. Activities subject to regulation under this chapter shall include the following:
(1) 
Any form of dredging, draining, or excavation and any grading or removal of soil, mud, sand, gravel, silt or other earth material from any controlled area, either directly or indirectly; or
(2) 
Any form of dumping, filling or deposition of any soil, stones, sand, gravel, mud, rubbish, or fill of any kind in any controlled area, either directly or indirectly; or
(3) 
Erecting any building or other structure, construction of any road, driveway or motor vehicle parking facility, drivings or pilings, installation of any pipe or other conduit or the placing of any other obstructions within a controlled area, whether or not the same affect the ebb and flow of water; or
(4) 
The use of any chemicals, dyes, fertilizers, herbicides or similar materials in any controlled area such that the same may cause pollution of waters; or
(5) 
Creating a diversion of water flow in any watercourses; or
(6) 
Creating an increase or decrease in the flow, velocity or volume of water in any watercourse; or
(7) 
Introducing any influents of high thermal content such that the same are capable of causing deleterious ecological effect; or
(8) 
Destroying or permitting the destruction of any trees or other plant life within the controlled area of a watercourse or wetland. These actions shall be reviewed by the administering authority so as to determine if such acts affect the prevailing surface water runoff conditions, directly or indirectly; or
(9) 
Any other activity which substantially impairs any of the several functions served by the wetlands and watercourses or the benefits derived therefrom as the same are set forth in § 78-1 of this chapter.
C. 
Exclusions. Activities excluded from regulation under this chapter shall include the following:
(1) 
(Reserved)
(2) 
(Reserved)
(3) 
Public health activities under orders and regulations of the Putnam County Department of Health, provided that copies of such orders and regulations have been filed with the Town Clerk of the Town of Southeast and that the Water Control Board may request modification of such orders if it deems it necessary to implement the policy of this chapter;
(4) 
Mosquito control projects approved in writing by the New York State Department of Environmental Conservation;
(5) 
The operation, maintenance and repair of dams, retaining walls, docks and water control structures that were in existence on the effective date of this chapter;
(6) 
Emergency work which is necessary to protect health and safety or prevent damage to property, provided that the Town Clerk is given written notice within 48 hours after commencement of such work and within 48 hours after completion of the work, and provided that such work is limited to alleviation of the emergency condition; and
(7) 
Trimming, pruning and bracing of trees; decorative landscaping; including the addition of trees and plants.
D. 
Application for permit. Any person proposing to conduct a regulated activity as specified in § 78-3B shall file an application for a permit with the Wetlands Inspector in a form and with such information as the Wetlands Inspector may prescribe. The application shall be accompanied by a fee as set from time to time by the Town Board and four copies of at least the following information. If the same shall show sufficient detailed information the administering authority may waive the map requirement below and accept as a substitute therefor any subdivision plat map, grading plans and construction plans as the same may have been prepared for submission pursuant to the Town of Southeast Land Subdivision Regulations.[1]
[Amended 7-20-2006 by L.L. No. 7-2006]
(1) 
The names of the owners of record of the land on which the activity is to be conducted and all adjacent owners;
(2) 
A detailed description of the proposed activity;
(3) 
A map showing the controlled area affected and any wetlands or watercourses therein, and the location, extent and nature of proposed activity. Said map shall be prepared and certified by a licensed surveyor, professional engineer or professional architect and show contours at two-foot intervals, stone walls, fence lines, tree lines and other major features of the land; and
(4) 
The names of all known claimants of water rights in, or adjacent to, the wetlands or watercourses.
[1]
Editor's Note: See Ch. 123, Subdivision of Land.
E. 
Transmittal of application. Upon receipt, the Wetlands Inspector shall transmit a copy of each application, as follows:
[Amended 7-20-2006 by L.L. No. 7-2006]
(1) 
To the Planning Board.
[Amended 8-30-2012 by L.L. No. 7-2012]
(2) 
In the event that the wetland or watercourse crosses Town lines, to the Clerk of such adjoining township.
(3) 
In the event that the wetland or watercourse crosses Putnam County lines, to the Clerk of the adjoining county.

§ 78-4 Application procedure.

[Amended 7-20-2006 by L.L. No. 7-2006]
A. 
Action on application by Wetlands Inspector.
(1) 
Upon receipt of the application, the Wetlands Inspector may request the submission of such additional information as he may deem necessary to determine compliance with this chapter, including but not limited to the following:
(a) 
An environmental inventory and an assessment of the location and the effects of the proposed activity;
(b) 
A chemical and biological evaluation of the waters involved and the effects thereupon by the proposed activity;
(c) 
Hydraulic and hydrological studies of the wetlands and watercourses;
(d) 
A geologic evaluation of the wetland setting; and
(e) 
A program consisting of a schedule, sequence and type of equipment to be used in the conduct of the proposed activity.
(2) 
The Wetlands Inspector shall also, upon receipt of the application, determine whether the proposed activity involves a project development plan application, as the same may be required pursuant to the Town of Southeast Zoning Ordinance,[1] or a subdivision application. In the event either, or both, of these are determined to be required, the Wetlands Inspector shall forthwith advise the Planning Board and request a recommendation from said Board.
[1]
Editor's Note: See Ch. 138, Zoning.
B. 
Notice and hearing. The following notice and hearing requirements shall be applicable in the case of any application transmitted to the Planning Board and proposing a regulated activity that has other than minor significance as specified in § 78-4H.
[Amended 8-30-2012 by L.L. No. 7-2012]
(1) 
The applicant shall post a sign on the property consistent with the requirements of § 138-44A.
(2) 
No sooner than five days and not later than 30 days after such publication of notice, the Planning Board shall hold a public hearing on the application, except that, if no notice of objection to the application is necessary, the Planning Board may dispense with such hearing. If no public hearing is to be held the Planning Board shall publish notice of its decision, setting forth the reasons therefor, and a copy of such notice shall be filed with the Town Clerk and transmitted to the officials and agencies specified in § 78-3E.
(3) 
Not less than 10 days prior to a hearing, if any, the applicant shall send notice of such hearing by U.S. Postal Service certified or registered mail, return receipt requested, to the owners of all lots in the Town abutting the property where the activity is proposed, or at the Planning Board's discretion to all property owners within 500 feet of the lot where the activity is proposed.
(4) 
Notice of any public hearing shall be published by the Planning Board in one newspaper having a general circulation in the Town not less than five days before such hearing. A copy of the notice shall be transmitted to the officials and agencies specified in § 78-3E.
(5) 
All such applications and the accompanying maps and documents, shall be open for public inspection in the office of the Town Clerk from and after publication of first notice under § 78-4B(1).
C. 
Report. Within 65 days after the application is received, or after notice has been published by the applicant under § 78-4B(1), whichever is later, the Planning Board, having received a report from the Wetland Inspector, shall make a determination as to whether or not the proposed regulated activity, with or without modification set by the Planning Board, conforms to the criteria set forth in § 78-4G.
[Amended 8-30-2012 by L.L. No. 7-2012]
D. 
Extension of time. The applicant and the Planning Board may by mutual consent extend the time for a determination on the application.
E. 
Conditions. The Planning Board may specify requirements for modification of the proposed regulated activity and conditions or limitations for conduct of the activity, including but not limited to the time for conduct and completion of the activity and a requirement to post a bond to guarantee completion of the work in accordance with plans.
F. 
Determination. The Planning Board shall make a written determination, including the reasons therefor and any modifications, conditions and limitations, at a Planning Board meeting to approve or deny the application and whether or not a permit is to be issued under this chapter.
[Amended 8-30-2012 by L.L. No. 7-2012]
G. 
Criteria for approval. The following are criteria applicable to the approval of permits for proposed regulated activities in controlled areas, including wetlands and watercourses:
(1) 
The activity will not have a substantial adverse effect upon the natural function and benefits of a wetland or watercourse as set forth in § 78-1B(6); and
(2) 
The activity will not substantially change the natural channel of a watercourse or substantially inhibit the natural dynamics of a watercourse system; and
(3) 
The activity will not result in the degrading or pollution of waters; and
(4) 
The activity will not increase the potential for flooding; and
(5) 
Sufficient provision has been made for control of erosion, siltation and sedimentation during and after conduct of the activity; or
(6) 
The activity will alleviate or remove a hazard to the public health or safety.
H. 
Activities of minor significance. Any or all parts of § 78-3D can be waived at the discretion of the Planning Board with regard to activities of minor significance. Proposed regulated activities of minor significance which may be approved by the Planning Board include the following:
[Amended 8-30-2012 by L.L. No. 7-2012]
(1) 
Activities for which a site plan, subdivision plat maps, construction plans and grading plans and plat plans for grading and removal of earth are not required.
(2) 
Where no building or other structure or sewage disposal system or well is proposed in a controlled area.
(3) 
Installation of a driveway to a one-family dwelling.
(4) 
Excavation, grading or depositing of less than 20 cubic yards of earth materials in a controlled area of a wetland or watercourse per application.
(5) 
Modification to less than 25 feet of a watercourse on a lot or parcel.
(6) 
The activity is not to be conducted in a floodplain.
(7) 
Removal of water-deposited silt or debris in order to restore the controlled area, including the wetland or watercourse, to the condition existing before the deposit.
(8) 
Incidental removal of trees and shrubs within the controlled area of wetlands or watercourses.
(9) 
Provided that all of the above activities are conducted in a manner to conform to the criteria set forth in § 78-4G(1) through (6) of this chapter.
I. 
Permit issuance or denial. Upon receipt of the determination of the Planning Board as provided in § 78-4F of this chapter, the Wetland Inspector shall issue or deny issuance of a permit, subject to any resolution adopted by the Planning Board, in accordance with § 78-4F. Such permit shall contain and be made subject to any and all conditions imposed by the Planning Board determination.
[Amended 8-30-2012 by L.L. No. 7-2012]

§ 78-5 Administration and enforcement.

[Amended 7-20-2006 by L.L. No. 7-2006]
A. 
Administration. This chapter shall be administered and enforced by a Wetland Inspector appointed by the Town Board. The Planning Board shall consult the Wetland Inspector prior to making a determination on a permit application. The Wetland Inspector shall keep records of all applications and permits, of all identifiable complaints of any violation of this chapter and of all notices of violation served by him and the action taken consequent thereon, which records shall be public records. He shall be in charge of all such records and public access thereto pursuant to the provisions of the Freedom of Information Law[1] and applicable rules. He shall file with the Southeast Town Clerk and the Planning Board Secretary a copy of each order or decision rendered by him.
[Amended 8-30-2012 by L.L. No. 7-2012]
[1]
Editor's Note: See Public Officers Law § 84 et seq.
B. 
Procedures. The Town Board may by resolution adopt rules and procedures for the administration of this chapter, including the submission of applications.
C. 
Inspections. The Wetlands Inspector, or his authorized agents, may enter upon land or waters for the purpose of inspection to determine compliance with this chapter and for the purpose of undertaking any investigations, examinations, surveys or other activity necessary for the purpose of this chapter.
D. 
Suspension and revocation. The Wetlands Inspector is authorized to suspend or revoke a permit if he finds that the applicant has not complied with any of the conditions or limitations set forth in the permit or has exceeded the scope of the activity as set forth in the application. The Wetlands Inspector may suspend the permit if the applicant fails to comply with the terms and conditions set forth in the application.
E. 
Remedies. The Wetlands Inspector is authorized to order, in writing, the cessation of any regulated activity being conducted in violation of this chapter; he shall withdraw such order when he determines there is compliance herewith. The Wetlands Inspector is authorized to order, in writing, the remedying of any condition which is found to be in violation of this chapter. Any person who willfully violates this chapter shall be guilty of a misdemeanor, punishable by a fine of not less than $250 nor more than $1,000. The Town Board may impose, by order after a hearing, a civil penalty not to exceed $250 for each violation of this chapter. Each day of continued violation shall constitute a separate and additional violation. An order imposing a civil penalty shall be deemed a final determination for purposes of judicial review and the Town of Southeast may bring an action to recover such civil penalty in any court of competent jurisdiction. Such action shall be brought on behalf of the Town, and any amount recovered shall be paid into the general revenue funds of the Town. Such right of action or recovery may be released, compromised or adjusted by the Town Board. The proper authorities of the Town of Southeast may institute any appropriate action or proceeding to prevent, restrain, correct or abate any violation of this chapter and to achieve restoration of the affected wetland or watercourse to its condition prior to the violation.
F. 
Other laws. Approval of an application and issuance of a permit under this chapter shall not be construed to constitute compliance with any other regulation, ordinance or law nor to relieve the applicant from responsibility to obtain a permit thereunder. The Wetlands Inspector may at his discretion withhold issuance of a permit hereunder until any other required permit has been obtained by the applicant. This chapter is in addition to, and does not abrogate or lessen the effect of, any other regulation, ordinance or law pertaining to activities regulated hereunder and controlled areas to which this chapter is applicable.
G. 
Appeals. Any person aggrieved by any order or decision under this chapter may seek judicial review pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme Court for the County of Putnam within 30 days after the date of the filing of such order or decision with the Southeast Town Clerk. In the alternative, any person aggrieved by any order or decision under this chapter may seek review by the Freshwater Wetlands Appeals Board of the New York State Department of Environmental Conservation within 30 days after the date of the filing of such order or decision with the Town Clerk.
H. 
Severability. The provisions of this chapter shall be severable, and if any clause, sentence, paragraph, subdivision or part thereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part thereof directly involved in the controversy in which such judgment shall have been rendered.