[HISTORY: Adopted by the Town Board of the
Town of Southeast 11-30-2023 by L.L. No. 10-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 78,
Freshwater Wetlands, adopted 4-24-2003 by L.L. No. 9-2003, as amended.
A.Â
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 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.Â
Findings. The following findings are made:
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Loss or impairment of wetlands deprives people of the Town of some
or all of the many benefits to be derived from wetlands, such as the
following:
(a)Â
Flood and stormwater runoff control by hydrologic adsorption
and storage capacity of wetlands;
(b)Â
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)Â
Protection of subsurface water resources and provision for valuable
watersheds and recharging of groundwater supplies;
(d)Â
Continuity of water flows and supplies throughout the year;
(e)Â
Recreation by providing resource areas for hunting, fishing,
boating, hiking, bird watching, photography, camping and other uses;
(f)Â
Pollution treatment by serving as biological and chemical oxidation
basins;
(g)Â
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;
(h)Â
Education and scientific research by providing outdoor biophysical
laboratories, living classroom and resources for training and education;
(i)Â
Open space and aesthetic appreciation;
(j)Â
Sources of nutrients in freshwater food cycles and the nursery
ground and sanctuary for fish; and
(k)Â
Vegetation providing temperature modification, purification
of the air and natural products for harvest.
(7)Â
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.
As used in this chapter, the following terms shall have the
meanings indicated below:
Activity that results in less than 5,000 square feet of disturbance
within a controlled area and which meets the following conditions:
No building or other structure, sewage disposal system, or well
is proposed in a controlled area.
Does not cause the hydrological isolation of a portion of wetland.
Involves the excavation, grading or depositing of less than
20 cubic yards of earth materials in a controlled area but not within
a wetland or watercourse.
Removal of water-deposited silt or debris to restore the controlled
area to the condition existing before the deposit.
Incidental removal of trees and shrubs within the controlled
area.
Activity is not conducted in a floodplain.
The person filing an application pursuant to this chapter.
Shall consist of a wetland, vernal pool, water body, or watercourse
and the associated buffer.
Permit required for an activity that results in more than
5,000 square feet of disturbance within a controlled area.
Permit required for an activity that results in less than
5,000 square feet of disturbance within a controlled area but does
not meet the definition of "administrative activities."
The plan prepared by an applicant to compensate for proposed
impacts to a controlled area pursuant to the standards and requirements
of this chapter. Mitigation may include on- or off-site preservation,
restoration, expansion, and/or enhancement of wetlands and watercourses
and associated buffers.
The written municipal approval required by this chapter for
the conduct of a regulated activity within a controlled area.
Includes any individual, individuals, corporation, firm,
partnership, association, trust, estate, joint venture, and any unit
of government, agency or subdivision thereof that is subject to this
chapter.
Includes, 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, or animal forms or life or property.
Private or public engineered drainage facilities other than
sanitary sewers by which water runoff may be conveyed to receiving
waters, and includes but is not limited to roads, streets, constructed
channels, aqueducts, storm drain, pipes, detention and retention basins,
street gutters, inlets to storm drains, or catch basins.
Seasonal pools of water that provide habitat for distinctive
plants and animals. They are considered to be a distinctive type of
wetland, usually devoid of fish, and thus allow the safe development
of natal amphibian and insect species unable to withstand competition
or predation by fish.
A lake, pond, reservoir, and all other bodies of water, natural
or artificial, which ordinarily or intermittently, at least three
months a year, contain water and which have a discernible shoreline
also known as the boundary. This does not include watercourses as
defined herein.
A river, stream, brook, creek, and all other waterways, natural
or artificial, with an identifiable channel (defined bed and banks)
through which water flows continuously or intermittently at least
three months a year.
Lands and waters consisting of the following:
Soil types which are poorly drained, very poorly drained, alluvial and floodplain soils as defined by the U.S. Department of Agriculture, Natural Resources Conservation Service, formally known as the Soil Conservation Service, which soil types in the Town of Southeast have the following map codes and names listed below, in addition to the characteristics set forth in Subsection A(2), (3), (4), (5) and (6):
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
|
Lands and submerged lands, commonly called "marshes," "swamps,"
"sloughs," "bogs" and "flats," supporting aquatic or semiaquatic vegetation
of the following vegetative types.
Wetland trees, which depend upon seasonal or permanent flooding
or sufficiently waterlogged soils to give them a competitive advantage
over other trees, including, among others, red maple (Acer rubrum),
willows (Salix spp.), black spruce (Picea mariana); swamp white oak
(Quercus bicolor), red ash (Fraxinus pennsylvanica), American elm
(Ulmus americana) and larch (Larix laricina);
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.), buttonbush
(Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla),
leatherleaf (Chamaedaphne calyculata), spicebush (Lindera benzoin),
winteberry (Ilex montana), redosier dogwood (Cornus stolonifera) and
highbush blueberry (Vaccinum corymbosum);
Emergent vegetation, including, among other, cattails (Typha
spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.),
arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed
(Phragmites communis), wild rice (Zizania aquatica), bur-reeds (Sparganium
spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon
verticillatus) and water plantain (Alisma plantago-aquatica);
Rooted, floating-leaved vegetation, including, among others,
water lily (Nymphaea odorata), water shield (Brasenia schreberi) and
spatterdock (Nuphar spp.);
Free-floating vegetation, including, among others, duckweed
(Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia
spp.);
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 cutgrass (Leersia oryzoides), reed canary grass (Phalaris arundinanced),
swamp loosestrife (Decodon verticillatus), spikerush (Eleocharis spp.),
skunk cabbage (Symplocarpus foetidus) and false hellebore (Veratrum
viride);
Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf
(Chamaedaphne calyculata), pitcher plant (Sarrancenia purpurea), and
cranberries (Vaccinium macrocarpon and V. oxycoccos);
Submergent vegetation, including, among others, pondweeds (Potamogeton
spp.), mavads (Najas spp.), bladderworts (Ultricularia spp.), wild
celery (Vallisneria americana), coontails (Ceratophyllum demersum),
watermilfoils (Myriophyllum spp.), muskgrass (Chara), stonework (Nitella
spp.), waterweeds (Elodea spp.), and water smartweed (Polygonum amphibium).
Lands and submerged lands containing remnants of any vegetation
that is not aquatic or semiaquatic that has died because of wet conditions
over a 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.
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.
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.
The agent appointed by the Town Board to fulfill the designated
enforcement and permit-processing responsibilities set forth in this
chapter. A qualified Wetland 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.
An area of 100 feet surrounding a wetland, vernal pool, water
body, or watercourse that is also subject to the regulations defined
herein. The 100-foot buffer will be established as follows:
For wetlands, the buffer will be measured horizontally and outward
from the delineated boundary of the wetland. Protection of vernal
pools may require buffers greater than 100 feet based on the presence
of protected species and at the discretion of the Wetland Inspector
and/or Planning Board.
For watercourses and water bodies, the 100-foot buffer will
be measured horizontally and outward from the top of bank or mean
high-water mark of the watercourse or water body.
A.Â
Regulated activities and permits. Any person desiring to conduct a regulated activity as set forth in § 78-3B, in any controlled area, must obtain a permit through the process established by this chapter.
B.Â
Activities regulated. Activities subject to regulation under this
chapter include the following:
(1)Â
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)Â
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)Â
Erecting any building or other structure, construction of any road,
driveway or motor vehicle parking facility, driving of 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)Â
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)Â
Creating a diversion or obstruction of water flow in any watercourses
or water bodies; or
(6)Â
Creating an increase or decrease in the flow, velocity or volume
of water in any watercourse or water body; or
(7)Â
Introducing any additives of high thermal content that are capable
of causing adverse ecological effect; or
(8)Â
Introducing any form of pollution, including, but not limited to,
installing a septic tank, running a sewer outfall and discharging
sewage treatment effluent or other liquid wastes directly into or
so as to drain into a controlled area; or
(9)Â
Destroying or permitting the destruction of any trees or other plant
life within a controlled area. These actions shall be reviewed by
the administering authority to determine if such acts affect the prevailing
surface water runoff conditions, directly or indirectly; or
C.Â
Permit categories. The categories of wetland permits shall include
the following:
(1)Â
Administrative wetland permit. A permit approved by the Building Department, based on input from the Town Wetland Inspector, for administrative activities per § 78-2 that are limited in scope and would result in negligible potential impact as determined by this chapter. The Building Department may refer any application determined to be warranted to the Planning Board.
(2)Â
Minor wetland permit. A permit approved by the Planning Board for the conduct of a regulated activities in a controlled area meeting the definition in § 78-2. The Planning Board may waive the public hearing at their discretion. The Planning Board may require mitigation at their discretion, based on input from the Wetland Inspector.
(3)Â
Major wetland permit. A permit approved by the Planning Board for the conduct of a regulated activities in a controlled area meeting the definition in § 78-2. A public hearing shall be required. Mitigation shall be provided at a minimum ratio of 1:1 and based on the recommendation of the Wetland Inspector.
D.Â
Exclusions. Activities excluded from regulation under this chapter
include the following:
(1)Â
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;
(2)Â
Mosquito control projects approved in writing by the New York State
Department of Environmental Conservation;
(3)Â
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;
(4)Â
Emergency work which is necessary to protect health and safety or
prevent damage to property, provided that the Building Department
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;
(5)Â
Trimming, pruning and bracing of trees; decorative landscaping, including
the addition of trees and plants;
(6)Â
Normal ground maintenance, including mowing, trimming of vegetation
and removal of dead or diseased vegetation around a residence;
(7)Â
Removal of debris, leaves, and dead or diseased vegetation that are
obstructing flow within a wetland or wetland buffer;
(8)Â
Repair of existing walkways and walls; and
(9)Â
Maintenance and repair of constructed stormwater conveyance system
components by the Town of Southeast.
E.Â
Application for permit. Any person proposing to conduct a regulated activity, as specified herein, requiring a wetland permit as specified in § 78-3C, shall file an application based on the permit procedures in this chapter.
F.Â
Transmittal of application. Upon receipt, the Planning Board shall
transmit a copy of each application, as follows:
A.Â
Filing an application.
(1)Â
Application requirements. The items below are required for the Building
Department to deem an application complete and ready for review. These
requirements are without prejudice and may require additional information
during the subsequent review process.
(a)Â
Signed and dated application;
(b)Â
Payment. The application shall be accompanied by a fee set in
the Town of Southeast Fee Schedule, unless the application is of such
a nature that the fee must be calculated after preliminary maps are
drawn;
(c)Â
A detailed description of the proposed activity;
(d)Â
The names of the owners of record of the land and an aerial
photograph at a scale of no less than one inch to 200 feet showing
the project site and surrounding areas within 300 feet of the property;
and
(e)Â
A map showing the controlled area affected and any wetlands
or watercourses therein, and the location, extent and nature of the
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. The Wetland Inspector may waive
the map requirement and accept a substitute such as any subdivision
plat map, grading plans, and construction plans, provided sufficient
detail is included.
B.Â
Action on application by Building Department.
(1)Â
Upon receipt of the application, the Building Department shall refer
the application to the Wetland Inspector for a report and recommendation.
(2)Â
The Building Department and Wetland Inspector shall have the authority
to make as many site inspections as necessary to complete their review
of the application.
(3)Â
Wetland Inspector Recommendation. The Wetland Inspector shall make
a written recommendation to the Building Department, prior to their
determination, to approve or deny any application. Such recommendation
shall include the reasons for any recommendations or modifications,
conditions, and limitations, as well as whether or not a permit is
to be approved under this chapter.
(4)Â
Permit approval or denial. Upon receipt of the written recommendation
of the Wetland Inspector, the Building Inspector shall approve or
deny the application for a permit. All approvals shall contain and
be made subject to any and all conditions imposed by the Wetland Inspector
determination.
(5)Â
Permit expiration. A permit shall expire one year from the date of
issuance unless a building permit has been issued for the approved
activity. If the applicant has not completed the permitted action
or actions granted in the permit approval within one year of issuance,
the applicant may apply to the Building Inspector for a renewal of
the permit for a maximum of one year.
A.Â
Filing an application. The application, along with all required submissions,
should be filed in accordance with the Planning Board Meeting Deadline
Submission Schedule, published online, so that there will be a sufficient
amount of time for review of the application for completeness before
the upcoming Planning Board meeting.
(1)Â
Application requirements. The items below are required to deem an
application complete and ready for review. These requirements, set
by the Planning Board for a complete application, are without prejudice
to requiring additional information during the subsequent review process,
at the public hearing or any time until the Planning Board's
determination is made.
(a)Â
Signed and dated application;
(b)Â
Payment. The application shall be accompanied by a fee set in
the Town of Southeast Fee Schedule;
(c)Â
A detailed description of the proposed activity;
(d)Â
The names of the owners of record of the land on which the activity
is to be conducted and all abutting owners;
(e)Â
A map showing the controlled area affected and any wetlands
or watercourses therein, and the location, extent and nature of proposed
activity. Wetlands and watercourses should be field delineated by
the New York State Department of Environmental Conservation, the United
States Army Corps of Engineers, or a qualified professional retained
by the applicant. 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;
(f)Â
For projects subject to Chapter 119 of the Town Code, a stormwater pollution prevention plan that mitigates substantial increases in direct surface runoff leading to sedimentation or pollution of a wetland through the use of facilities such as dry wells, retention basins, filters, swales or ponds. The storm criteria for which these facilities are to be designed shall be set by the Wetland Inspector with the advice of the Town Engineer; and
(g)Â
A mitigation plan.
(2)Â
Waiver of required information. Upon a finding by the Planning Board
that due to special conditions peculiar to a site, certain of the
information normally required as part of the wetland permit, including
the field delineation of wetlands and watercourses, is inappropriate
or unnecessary, the Board may vary or waive such requirements wherever,
in the opinion of the Board, such variance or waiver will not have
the effect of nullifying the intent and purpose of this chapter.
B.Â
Action on application by Wetland Inspector and Planning Board.
(1)Â
Upon receipt of the application, the Wetland 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)Â
An environmental inventory and an assessment of the location
and the effects of the proposed activity;
(b)Â
A chemical and biological evaluation of the waters involved
and the effects thereupon by the proposed activity;
(c)Â
Hydraulic and hydrological studies of the wetlands and watercourses;
(d)Â
A geologic evaluation of the wetland setting; and
(e)Â
A program consisting of a schedule, sequence and type of equipment
to be used in the conduct of the proposed activity.
(2)Â
The Planning Board and the Wetland Inspector shall have the authority
to make as many site inspections as necessary to complete their review
of the application.
C.Â
Notice and hearing. Once an application is deemed complete, the following
notice and hearing requirements shall be applicable for major wetland
permits.
(1)Â
The applicant shall post a sign on the property consistent with the requirements of § 138-44A.
(2)Â
The Planning Board may hold a public hearing on a minor wetland permit
at its discretion.
(3)Â
At least 10 days' prior to a public 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 within 500 feet of the lot where the activity is proposed.
(4)Â
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.
D.Â
Report. Within 65 days after the application is received, or after notice has been published by the applicant under § 78-5C(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 § 78-5H.
E.Â
Extension of time. The applicant and the Planning Board may, by mutual
consent, extend the time for a determination on the application.
F.Â
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 and pay inspection fees in amounts determined by the Town Engineer
to guarantee completion of the work in accordance with plans. In addition
to the general conditions set forth in the permit approval and such
conditions as the Planning Board may require in carrying out the public
policy reflected in this chapter, every permit application approved
shall contain the following conditions in the resolution adopted by
the Planning Board:
(1)Â
The Wetland Inspector shall have the right to inspect the permitted
activity from time to time.
(2)Â
The permit shall expire one year after the date of approval. The permit shall be approved concurrent with any permits required by the Town of Southeast and New York State Department of Environmental Conservation (MS4) for the initiation of site disturbance. The Wetland Inspector has the authority to recommend a four-year limitation on projects of significant magnitude. No permits shall be approved for periods exceeding four years. Renewal procedures are as per Subsection J of these procedures.
(3)Â
The permit holder shall notify the Planning Board Secretary at least
seven days in advance of the anticipated date of construction to schedule
a preconstruction meeting with the Wetland Inspector and Town Engineer.
The preconstruction meeting may be waived at the discretion of the
Wetland Inspector.
G.Â
Wetland Inspector recommendation. The Wetland Inspector shall make
a written recommendation to the Planning Board, prior to their determination,
to approve or deny any application. Such recommendation shall include
the reasons for any recommendations or modifications, conditions,
and limitations, as well as whether or not a permit is to be approved
under this chapter.
H.Â
Criteria for approval. The following are criteria applicable to the
approval of permits for proposed regulated activities in controlled
areas:
(1)Â
The activity will not have a substantial adverse effect upon the natural benefits of a wetland or watercourse as set forth in § 78-1B; and
(2)Â
The activity will not substantially change the natural channel of
a watercourse or substantially inhibit the natural dynamics of a watercourse
system; and
(3)Â
The activity will not result in the degrading or pollution of waters;
and
(4)Â
The activity will not increase the potential for flooding; and
(5)Â
Sufficient provision has been made for control of erosion, siltation
and sedimentation during and after conduct of the activity; or
(6)Â
The activity will alleviate or remove a hazard to the public health
or safety.
I.Â
Permit approval or denial. Upon receipt of the determination of the Wetland Inspector, as provided in § 78-4 of this chapter, the Planning Board shall approve or deny the application for a permit, subject to any resolution adopted by the Planning Board, in accordance with § 78-4. All approvals shall contain and be made subject to any and all conditions imposed by the Wetland Inspector determination.
J.Â
Renewal of permit procedures. A permit shall expire one year from the date of the resolution granting the permit approval. If the applicant has not completed the permitted action or actions granted in the permit approval, the applicant may apply to the Planning Board for a renewal of the permit for a maximum of three one-year extensions. Application for renewal must be made at least 30 days before the expiration date in the resolution. Upon receipt of an application for renewal of a permit, the Planning Board shall confer with the Wetland Inspector to determine if there are any environmental factors that would indicate that the permit renewal application should be subject to a public hearing. If the Wetland Inspector indicates that there are no factors that would require a public hearing, then the Planning Board may grant permit renewal. Additional conditions may be imposed at this time by the Wetland Inspector. If the Wetland Inspector recommends that a public hearing should be held, the Planning Board will set the date, time and location of said public hearing and cause notice to be published in a local newspaper per § 78-5C(4), authorizing the applicant to send notice to abutting landowners per § 78-5C(3). If, after the public hearing, sufficient reason is found by the Planning Board for refusing renewal of a permit, the permit shall expire on the date indicated in the initial resolution. If a permit expires, the applicant must reapply.
K.Â
Notification of ownership and/or project name change. If a project
changes its name or ownership, the new owner is responsible for notifying
the Planning Board of said change. Notification should be by U.S.
Postal Service certified or registered mail within 30 days of the
transfer and prior to commencement of any additional work. If work
is already in progress, it shall be at the discretion of the Planning
Board as to whether work must cease or may proceed until a new permit
approval is granted.
A.Â
Administration. This chapter shall be administered by the Planning
Board and enforced by a Code Enforcement Officer appointed by the
Town Board. The Planning Board shall consult the Wetland Inspector
prior to making a determination on a permit application. The Town
of Southeast Building Department shall keep records of all applications
and determinations, identifiable complaints of any violation of this
chapter, and of all notices of violation served by the Code Enforcement
Officer and the subsequent action taken, all of which shall be public
record.
B.Â
Procedures. The Town Board may, by resolution, adopt rules and procedures
for the administration of this chapter, including the submission of
applications.
C.Â
Inspections. The Building 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.Â
Suspension and revocation. The Code Enforcement Officer is authorized
to suspend or revoke a permit approval if he finds that the applicant
has not complied with any of the conditions or limitations set forth
in the permit approval or has exceeded the scope of the activity as
set forth in the application.
E.Â
Remedies. The Code Enforcement Officer 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
the activity is compliant. The Code Enforcement Officer 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.Â
Other laws. Approval of an application 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 Planning Board may at their discretion withhold
approval of a permit application 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.Â
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.Â
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.