[HISTORY: Adopted by the Town Board of the Town of Putnam Valley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 136.
Forestry — See Ch. 140.
Soil erosion and sediment control — See Ch. 155.
[Adopted 3-13-1996 by L.L. No. 3-1996]
A. 
The Town Board of Putnam Valley has determined that freshwater wetlands are invaluable resources for flood protection, erosion control, wildlife habitat, open space, water resources, recreation and other benefits associated therewith which, if preserved and maintained in an undisturbed natural condition, constitute important assets to present and future residents of the Town.
B. 
The Town Board of Putnam Valley has determined that growth and development have placed increasing demands upon natural resources and can result, and in certain instances have resulted, in the encroachment, despoiling, polluting and/or eliminating of wetlands, watercourses and water bodies.
C. 
Recurrent flooding in areas of the Town, aggravated or caused by the loss of wetlands or alteration of watercourses or water bodies, has serious effects upon natural ecosystems and presents serious hazards to health, safety, welfare and property of the people of the Town.
D. 
Since acts on wetlands, watercourses and water bodies in one location affect persons and property in other locations, wetland and water conservation are matters of concern to the entire Town. The establishment of preservation, protection and conservation practices are essential to the public health, safety and welfare of the residents of the Town.
E. 
It is the intent of the Town of Putnam Valley to assume authority pursuant to Article 24 of the Environmental Conservation Law, as such law may from time to time be amended (Environmental Conservation Law § 24-0501, 6 NYCRR 665.4).
The following terms, phrases and words and their derivations shall have the meaning given herein:
ALTER
Any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate or any form of dumping, filling or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly; erecting any structure; constructing roads, driving, piling or placing of any other obstructions, whether or not changing the ebb and flow of the water; any form of pollution; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in § 24-0105 of the New York State Environmental Conservation Law.
APPLICANT
Any person who files an application for any permit issued by the Town pursuant to this article, including the owner, the contract vendee or the agent of the contract vendee.
AQUICULTURE
Cultivating and harvesting products, including fish and vegetation, that are produced naturally in freshwater wetlands and installing cribs, racks and other in-water structures for cultivating these products, but not including filling, dredging, peat mining or the construction of any buildings or any water-regulating structures, such as dams.
BOUNDARY OF WETLAND
The outer limit of hydrophytic vegetation, hydric soils or hydrological indicators as further defined under "freshwater wetlands."
CLEAR-CUTTING
Any cutting of more than 30% of trees six inches or more in diameter at breast height (4.5 feet) in an area 10,000 square feet or more over a period of two consecutive years.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Putnam Valley.
CONTROLLED AREA
Includes any freshwater wetland of 1/2 acre or larger or vernal pool and the area surrounding the same for a horizontal distance of 100 feet from the boundary of a wetland or vernal pool, or any watercourse or water body and the area surrounding the same for a horizontal distance of 50 feet from the edge of the watercourse or water body. All surfaces are measured horizontally in all directions from the designated high-water mark from a one-in-one-hundred-year storm. The controlled area is subject to § 144-4, Regulated activities, of this article.
ENVIRONMENTAL COMMISSION
The Putnam Valley Commission for Conservation of the Environment.
FRESHWATER WETLANDS
Areas and waters of the Town of Putnam Valley that are comprised of hydric soils and/or are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation. Finite boundaries of wetlands are to be determined by a qualified ecologist, botanist, wetlands specialist or soil scientist as any area which provides one or more of the wetland functions as recited in § 144-1A of this article due to the presence of one or more of the following:
A. 
Hydrophytic vegetation. Plants which are dependent upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other species. These plants may belong to any of the following vegetative types: wetland trees, wetland shrubs, emergent vegetation, submergent and rooted floating-leaved vegetation, free-floating vegetation, wet meadow vegetation and bog mat vegetation. The following indicators of hydrophytic vegetation may be used in conjunction with hydric soils and/or wetland hydrology:
(1) 
The dominance of obligate and facultative wetland vegetative species. Obligate upland species cannot be present on other than microsites. Obligate and facultative wetland vegetative species are listed in the National List of Plant Species that Occurs in Wetlands: Northeast (Region 1, 1988, published by the United States Fish and Wildlife Service in cooperation with the National and Regional Interagency Review Panels), and as updated from time to time.
(2) 
Plants with adaptations to inundation and/or saturated soil conditions. Such adaptations include but are not limited to buttressed tree trunks, floating stems, floating leaves, multiple trunks and inflated leaves, steins or roots.
B. 
Hydric soils. Areas with "somewhat poorly drained," "poorly drained" and "very poorly drained" soils, as determined by data of the United States Department of Agriculture Soil Conservation Services (SCS) and the Putnam County Soil and Water Conservation District, including but not limited to the following classification, as may be updated or amended from time to time:
Soils List
Ce
Carlisle muck
Ff
Fluvaquents-Udifluvents complex, frequently flooded
Fr
Fredon silt loam
Ip
Ipswich mucky peat
LcA
Leicester loam, 0-3% slopes, stony
LcB
Leicester loam, 3-8% slopes, stony
LeB
Leicester loam, 2-8% slopes, very stony
Pc
Palms and Carlisle soils, ponded
Pt
Pits, gravel
Pv
Pits, quarry
Ra
Raynham silt loam
RdA
Ridgebury loam, 0-3% slopes
RdB
Ridgebury loam, 3-8% slopes
RgB
Ridgebury loam, 2-8% slopes, very stony
Sh
Sun loam
Sm
Sun loam, extremely stony
C. 
Hydrologic indicators. Any of the following:
(1) 
Rivers, streams, brooks and waterways which are delineated on the most recent edition of the United States Geological Survey topographic maps of the Town and the associated floodplains of such water sources.
(2) 
Any other intermittent streams, brooks and waterways.
(3) 
Lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, which are fed by or have discharge to another wetland, watercourse or water body.
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part and as further defined under "freshwater wetlands."
PERMIT
That form of Town approval required by this article for the carrying on of a regulated activity.
PERSON
Any corporation, firm, partnership, association, trust, estate, one or more individuals and any unit of federal, state or local government or any agency or subdivision thereof, including any state department, bureau, commission, board or other agency, public authority or public benefit corporation.
PLANNING BOARD
The Planning Board of the Town of Putnam Valley.
POLLUTION
The presence in the environment of human-induced conditions or contaminants in quantities or characteristics which are or may be injurious to humans, plants, animals or property.
PROJECT
Any action resulting in direct or indirect physical impact on a freshwater wetland, watercourse or water body, including but not limited to any regulated activity.
PUTNAM VALLEY FRESHWATER WETLANDS AND WATERCOURSE MAP
The map described in § 144-3 of this article.
STATE WETLANDS MAPS
The Freshwater Wetlands Maps of Putnam County filed by the New York Department of Environmental Conservation.
VERNAL POOLS
Small, temporary bodies of standing water which are seasonally flooded for sufficient periods of time to support amphibian reproduction, but these periods of inundation are interspersed with dry phases. Vernal pools which support viable breeding populations of amphibians are regulated as wetlands.
WATER BODIES
Any of the following: lakes, ponds and all other bodies of water, natural or artificial, which are fed by or have discharge to another wetland or watercourse.
WATERCOURSES
Any of the following: rivers, streams, brooks and waterways and associated floodplains of such water sources and any other intermittent streams, brooks and waterways.
WETLANDS INSPECTOR
The Wetlands Inspector of the Town of Putnam Valley.
A. 
In addition to the State Wetlands Maps, the Putnam Valley Freshwater Wetlands and Watercourse Map, adopted by resolution of the Town Board following a public hearing, serves to identify the approximate locations of regulated wetlands, watercourses and water bodies within Putnam Valley. However, such locations are subject to more precise interpretation in accordance with the definition of "freshwater wetlands" set forth in § 144-2 of this article and with the procedures identified by Subdivision 7 of § 24-0301 of the State Environmental Conservation Law. Said map, as amended from time to time, shall be part of this article.
B. 
Recommendations to amend the map may be made in written form to the Town Board by the Environmental Commission and/or the Planning Board.
C. 
On receipt of such recommendation and prior to any amendment or modification of the aforesaid map, the Town Board shall hold a public hearing and request a written recommendation by the Wetlands Inspector.
D. 
Said map shall be modified by the Town Board by resolution so as to correct or clarify the locations of wetlands, watercourses or water bodies; to incorporate additional wetlands, watercourses or water bodies; to eliminate from the jurisdiction of this article particular wetlands, watercourses or water bodies deemed to be insignificant for the purposes of this article; or to incorporate supplementary maps that correct, clarify or affirm in detail the area of jurisdiction of this article.
E. 
During the pendency of such a hearing, including the notice period and a reasonable time not to exceed 45 days after the hearing, no wetlands permit approval may be granted for applications affected by the recommended modifications to the map.
A. 
Permit required. It shall be unlawful for any person without a written permit or permit waiver issued by the Town to alter the following:
(1) 
Any freshwater wetland 1/2 acre or larger or vernal pool.
(2) 
Any area within 100 feet of a freshwater wetland or vernal pool.
(3) 
Any watercourse or water body.
(4) 
Any area within 100 feet of any perennial watercourse or water body.
[Amended 6-5-2002 by L.L. No. 5-2002]
(5) 
Any area within 50 feet of an intermittent watercourse or stream.
[Added 6-5-2002 by L.L. No. 5-2002]
B. 
Activities subject to regulation under this article shall include the following:
(1) 
Any form of dredging 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.
(2) 
Any form of dumping, filling, deposition of any soil, stones, sand, gravel, mud, rubbish or fill of any kind in any controlled area, either directly or indirectly.
(3) 
Erecting any building or other structure, construction of any road, driveway or motor vehicle parking facility, paving, installation of sewage disposal systems or sewer outfall, discharge of sewage treatment effluent or other liquid wastes, drilling and digging of wells, installation of any pipe or other conduit or the placing of any other obstructions within a controlled area whether or not the same affect the ebb and flow of water.
(4) 
The use of any chemicals, dyes, fertilizers, herbicides or similar materials, in any controlled area.
(5) 
Creating an increase or decrease in the flow, velocity or volume of water in any watercourse or water body, excluding customary seasonal raising and/or lowering of said watercourse or water body.
(6) 
Creating a diversion of water flow on any watercourse or water body.
(7) 
Introducing any influents of high thermal content, such that the same are capable of causing deleterious ecological effect.
(8) 
Clear-cutting at once or over time within a regulated freshwater wetland or in a regulated area adjacent to a freshwater wetland, watercourse or water body. These actions shall be reviewed by the Wetlands Inspector so as to determine if such acts affect the prevailing surface water runoff conditions, directly or indirectly.
(9) 
Any other activity which substantially impairs any of the several functions by the wetlands, watercourses and water bodies or the benefits derived therefrom as the same are set forth in § 144-1 of this article.
C. 
Exclusions. Activities excluded from regulation under this article shall include the following:
(1) 
The deposition or removal of the natural products of freshwater wetland and adjacent areas by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping where otherwise legally permitted and regulated.
(2) 
Public health activities under orders and regulations of the New York State Department of Health, provided that copies of such orders and regulations have been filed with the Code Enforcement Officer of the Town of Putnam Valley and that the Planning Board may request modification of such orders if they deem it necessary to implement the policy of this article.
(3) 
Emergency activities.
(a) 
Any actual and ongoing emergency activity which is immediately necessary for protection and preservation of life or property or the protection or preservation of natural resource values. Such emergency activities include but are not limited to search and rescue operations; preventive or remedial activities related to large-scale contamination of streams or other bodies of water; floods, hurricanes and other storms; fire fighting and public health concerns.
(b) 
Within five days of the end of such an emergency involving the undertaking of any activity which otherwise would be treated as a regulated activity under this article, the person chiefly responsible for undertaking such emergency activity shall send a written statement to the Planning Board setting forth the pertinent facts regarding such emergency, including an explanation of life, property or resource values such activity was designed to protect or preserve.
(4) 
Ordinary maintenance and repair of existing structures or improved areas which does not involve expansion or substantial restoration, reconstruction, rehabilitation or modification, including but not limited to bridges, roads, highways, bulkheads, docks, piers, pilings or paved streets.
(5) 
The activities of farmers in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selectively cutting timber, draining land or wetlands for growing agricultural products and otherwise engaging in the use of wetlands or other land for growing agricultural products shall be excluded from regulated activities and shall not require a permit under Subsection C(1) hereof, except that structures not required for enhancement or maintenance of the agricultural productivity of the land and any filling activities shall not be excluded hereunder.
A. 
Appointment. The Wetlands Inspector shall be appointed for a two-year term by the Town Board after the Town Board has received recommendations from the Environmental Commission.
B. 
Qualifications. Qualifications for the position of Wetlands Inspector include:
(1) 
A baccalaureate or master's degree in biological science, soils science, hydrology or ecology or the equivalent training and experience; and
(2) 
A demonstrated expertise in wetlands ecology.
C. 
Duties. The Wetlands Inspector will review all wetland permit applications, issue permit waivers, periodically inspect projects, inspect Town wetlands for unregulated activities, make recommendations to the Planning Board regarding permit applications, make recommendations to the Code Enforcement Officer regarding enforcement of this article and make recommendations to any Town agency upon request.
D. 
Remuneration. The Wetlands Inspector shall be paid for each inspection at a rate determined by resolution of the Town Board, which expense shall determine the wetlands inspection fees charged to each applicant for a permit pursuant to this article.
A. 
Application information.
(1) 
Any person proposing to conduct or causing to be conducted a regulated activity requiring a permit under this article upon any controlled area shall file an application for a permit with the Code Enforcement Officer, together with a filing fee as established by annual resolution of the Town Board. The Code Enforcement Officer shall immediately furnish copies of the application to the Planning Board and the Wetlands Inspector.
(2) 
All applications shall include the following:
(a) 
The name and address of owner.
(b) 
The street address and Tax Map number designation of the property.
(c) 
An accurate street location map.
(d) 
A statement of authority from the owner for any agent making application.
(e) 
A description of proposed work and purpose thereof.
(f) 
A completed short environmental assessment form.
(g) 
The initial filing/inspection fee.
B. 
Application required. Where an application has been made to the Code Enforcement Officer, the Planning Board or the Zoning Board of Appeals for an action that is subsequently determined to require a wetlands permit pursuant to this article, a copy of said application must be submitted with the wetlands permit application and submitted to the Code Enforcement Officer, accompanied by the initial filing/inspection fee.
C. 
Additional information. Where deemed appropriate and necessary, the Wetlands Inspector may require the applicant to submit plans for the proposed site improvements. Said plans shall be certified by an engineer, architect, land surveyor or landscape architect, licensed in the State of New York and be drawn to an appropriate scale and show the following:
(1) 
Location of construction or area proposed to be disturbed and its relation to property lines, roads, watercourses and water bodies within 500 feet.
(2) 
Estimated quantities of material of excavation or fill computed from cross sections.
(3) 
Location of any well and the depth thereof and any disposal system within 200 feet of the proposed disturbed area.
(4) 
Existing and adjusted contours at two-foot intervals in the proposed disturbed area to a distance of 50 feet beyond and at one-foot intervals on those parts of a plan where the Wetlands Inspector deems one-foot intervals necessary to analyze the impacts of the alteration.
(5) 
Details of any drainage system proposed both for the conduct of the work and after completion thereof and measures proposed to control erosion both during and after the work.
D. 
Permit waiver. Where the Wetlands Inspector determines that an action proposed for a regulated area is insignificant, a permit waiver shall be issued and the permitting process shall be suspended for that action. Reasons for the issuance of a permit waiver shall be set forth in writing and filed with the Planning Board, the Environmental Commission and any other involved agency and shall be available for public inspection in the office of the Planning Board.
E. 
Long environmental assessment form and additional wetlands inspection fees. In addition to the above, the applicant shall submit, if required by the Wetlands Inspector, a completed long environmental assessment form and additional wetlands inspection fees if warranted by the scope of the proposed action.
F. 
Notifications. After the application has been determined to be complete by the Wetlands Inspector, the Planning Board shall publish a notice of the filing of the application in the official newspaper of the Town. The applicant shall send a notice of application by United States Postal Service, Certificate of Mailing, to the owner(s) of all lots in the Town and adjacent towns, if applicable, abutting the lot where the activity is proposed.
G. 
Other requirements. This article does not remove the necessity of any applicant to obtain the approval or permit required by any other Town law, ordinance or regulation or to comply with any other county, state or federal law or regulation.
H. 
Wetlands, watercourses and water bodies in more than one jurisdiction. Where a regulated wetland lies within two or more jurisdictions, whether two or more local governments or a local government(s) and the New York State Department of Environmental Conservation:
(1) 
The Code Enforcement Officer shall immediately provide copies of the application to the other sharing jurisdiction.
(2) 
The processing of the application by the Wetlands Inspector and the Planning Board will include consultation with the other entities in order to achieve a mutually satisfactory determination.
(3) 
Disagreements over the proposed determination may be arbitrated by the New York State Department of Environmental Conservation, pursuant to the policies and standards of Article 24 of the Environmental Conservation Law and 6 NYCRR Part 665.
A. 
Upon recommendation of the Wetlands Inspector, the Planning Board shall render a decision to approve, deny or approve with conditions within 60 days of filing a complete application. All approvals and denials of permits shall be filed, along with any conditions, limitations, stipulations or findings, in the office of the Planning Board where the same shall be available for public inspection.
B. 
Public hearing. No sooner than 10 days and not later than 30 days after its receipt of a report from the Wetlands Inspector that the application for a permit regarding a proposed regulated activity is complete and after the publication of a notice of application pursuant to § 144-6 above, the Planning Board shall hold a public hearing on such application. To the greatest extent practicable, said public hearing will be incorporated with any other hearing required by other local law or ordinance or by the New York State Environmental Quality Review Act.
C. 
Standards for permit decisions.
(1) 
In approving, denying or conditioning any permit, the Planning Board shall consider the effect of the proposed activity with reference to public health and welfare, fishing, flood, hurricane and storm dangers and protection or enhancement of the several functions of freshwater wetlands and the benefits therefrom which are set forth in § 144-1 of this article. Due consideration will also be given to the benefit the applicant and/or the public may derive from the completion of the proposed activity.
(2) 
No permit shall be approved by the Planning Board pursuant to this article unless it shall find that:
(a) 
The proposed regulated activity is consistent with the policy of this article to preserve and protect and also conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands and to regulate the development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and the beneficial economic and social development of the Town of Putnam Valley.
(b) 
The proposed regulated activity is consistent with the land use regulations applicable in the Town of Putnam Valley pursuant to § 24-0903 of Article 24 of the State Environmental Conservation Law and the statewide minimum land-use regulation in 6 NYCRR Part 66.
(c) 
The proposed regulated activity is compatible with the public health and welfare.
(d) 
The proposed regulated activity is reasonable and necessary.
(e) 
There is no practicable alternative for the proposed regulated activity on a site which is not a freshwater wetland or controlled area.
(f) 
The applicant shall have the burden of demonstrating that the proposed regulated activity will be in accord with the standards set forth in this subsection.
(3) 
Duly filed written notice by the state or agency or subdivision thereof to the Town of Putnam Valley that the state or any such agency or subdivision is in the process of acquiring the affected freshwater wetland on which a proposed regulated activity would be located by negotiation or condemnation shall be sufficient basis for denial of a permit for such regulated activity. Such notice shall be in accordance with 6 NYCRR Part 665.7(i) and may be provided at any time prior to the Planning Board's decision to issue or deny a permit for the regulated activity.
D. 
Extension of time. The applicant and the Planning Board may mutually consent to extend the time for a determination on the application.
E. 
Conditions for a permit.
(1) 
Any permit issued pursuant to this article may be issued with conditions. Such conditions may be attached as are necessary to assure the preservation and protection of affected freshwater wetland and to assure compliance with the policy and provisions of this article.
(2) 
Every permit issued pursuant to this article shall contain the following conditions:
(a) 
The Planning Board, Wetlands Inspector and/or Code Enforcement Officer shall have the right to inspect the project from time to time.
(b) 
At least two business days prior to the commencement of the work for which a wetlands permit has been granted, the permit holder shall apply to the Code Enforcement Officer for a permit to commence work, pursuant to Chapter 155, Soil Erosion and Sedimentation Control, of the Code of the Town of Putnam Valley.
(c) 
The permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.
(d) 
The boundaries of the project shall be clearly staked or marked.
F. 
Expiration of permit.
(1) 
All permits shall be valid for a maximum period of three years. All work associated with the wetlands permit shall be completed within a period of six months following initiation, unless special provision has been made by the Planning Board.
(2) 
All permits shall expire on completion of the acts specified.
(3) 
Permits may be transferred to new legal owners of the affected property as long as the conditions and plans remain as approved. Notice of such transfer of permit must be filed with the Code Enforcement Officer, the Planning Board Clerk and the Wetlands Inspector prior to the commencement of any work.
G. 
Findings. Decisions on permit applications shall be supported by written findings and reasons.
H. 
Bonding requirements. The Planning Board may require posting of a bond or collateral as a condition of approval, the form of which must meet with the approval of the Town Attorney/Town Counsel. Upon recommendation of the Wetlands Inspector, the Planning Board shall determine the amount and surety of said bond or collateral.
I. 
Transfer of permit. Where there has been a change of ownership of a property for which a wetlands permit has been issued, the wetlands permit may be transferred, provided that the new owner shall formally accept, in writing, all of the conditions laid down by the Planning Board when the permit was originally granted.
J. 
Suspension of permits and stop-work orders.
(1) 
The Code Enforcement Officer may suspend a permit and/or issue a stop-work order where he or she and/or the Wetlands Inspector find that the permittee has not complied with any term of such permit, has exceeded the authority granted in the permit or has failed to undertake or complete the project in the manner set forth in the permit.
(2) 
The Code Enforcement Officer shall immediately notify the Wetlands Inspector and the Planning Board of the action and shall set forth, in writing, the reasons for the suspension and/or the stop-work order, pursuant to this section.
A. 
Corrective action. When any person has been found violating any provision of this article or conditions imposed by the Planning Board upon an approved permit and which permit has been suspended or upon whom a stop-work order has been issued, corrective action shall be carried out as follows:
(1) 
Where the terms of an approved permit have been violated and a stop-work order has been issued, the Code Enforcement Officer, may provide a reasonable and specified time within which corrective action shall be completed by the violator to restore, insofar as possible, the affected wetlands, watercourse or water body to its condition prior to the violation.
(2) 
Where the violation of the terms of the permit is of such a serious nature that the Code Enforcement Officer has suspended the permit or recommends the revocation of the permit, the Code Enforcement Officer shall refer the matter to the Planning Board for its determination.
B. 
Administrative sanctions.
(1) 
Any person who violates, disobeys or disregards any provision of this article, in addition to a criminal sanction, shall be liable to the people of the Town of Putnam Valley for a civil penalty equal to the cost of the corrective action.
(2) 
Violations of wetlands regulated by the New York State Department of Environmental Conservation are, in addition to the administrative sanctions described herein, subject to those found in § 71-2303, Subdivision 1, of the Environmental Conservation Law.
C. 
Criminal sanctions.
(1) 
Any person violating any order of the Town regulating wetlands shall, for the first offense, be guilty of a violation punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.
[Amended 4-15-1998 by L.L. No. 5-1998; 11-17-2004 by L.L. No. 5-2004]
(2) 
Where the affected area has not been restored to the condition existing prior to the unpermitted activity, each weeks continued violation shall constitute a separate, additional violation.
[Amended 11-17-2004 by L.L. No. 5-2004]
(3) 
For a second and each subsequent offense by any person within a three-year period, the aforesaid shall be guilty of a violation punishable by a fine not exceeding $1,000 or a term of imprisonment of not more than 15 days, or both.
[Amended 11-17-2004 by L.L. No. 5-2004]
(4) 
The Town shall prosecute persons alleged to have violated the provisions of this article and may seek equitable relief to restrain any violation or threatened violation of its provisions.
(5) 
Where a stop-work order has been issued by the Code Enforcement Officer, because of violation of the provisions of this article or any permissions or extensions thereof issued hereunder, each day such violation shall continue after such service shall constitute a separate offense punishable by a like fine or penalty as herein set forth.
(6) 
Where a regulated wetland, watercourse or water body has been altered without a permit, in addition to any criminal sanctions, the person violating this article shall be required to pay twice the regular application/inspection fees should a permit be subsequently applied for to alter the wetland, watercourse or water body.
(7) 
Violations of wetlands regulated by the New York State Department of Environmental Conservation are, in addition to the criminal sanctions described herein, subject to those found in § 71-2303, Subdivision 2, of the Environmental Conservation Law.
D. 
Injunctions and orders to show cause. Notwithstanding any of the penalties or fines herein above provided, the Town of Putnam Valley may maintain any action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the noncompliance of any provision of this article or permit issued thereunder.
A. 
Wetlands on state map. Where the Town of Putnam Valley has assumed jurisdiction over wetlands of 121/2 acres or larger appearing on the state wetlands map, any person aggrieved by an order or decision of the Wetlands Inspector or Planning Board regarding such wetlands may seek review by the New York State Freshwater Wetlands Appeals Board or judicial review pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme Court for the County of Putnam. Such appeals shall be filed within 30 days after the date of the filing of such order or decision in the office of the Planning Board.
B. 
Wetlands, watercourses and water bodies regulated by this article. Any person aggrieved by a determination or resolution of the Planning Board regarding wetlands smaller than 121/2 acres and watercourses and water bodies regulated by this article may seek review by the Putnam Valley Town Board or judicial review pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme Court for the County of Putnam. Such appeals shall be filed within 60 days after the date of the filing of such determination or resolution in the office of the Planning Board.
A. 
The Environmental Commission shall have general oversight of the administration and implementation of this article and shall annually report to the Town Board its assessment of the effectiveness of the chapter and its recommendations for amendments to it.
B. 
The Environmental Commission shall review the qualifications of applicants for the position of Wetlands Inspector and shall recommend persons to the Town Board for appointments to that position.
C. 
The Environmental Commission shall keep current all information gathered on the various wetlands and watercourses in the Town and, based on this information, shall advise the Town Board in the following areas:
(1) 
Amendments and corrections to the Freshwater Wetlands and Watercourses Map.
(2) 
Policy relating to land use planning, zoning and real property taxation that relate to the protection of freshwater wetlands and watercourses.
(3) 
The cumulative effects of past, proposed and potential alterations to wetlands and watercourses and of measures that may be taken in mitigation of those effects.
D. 
The Environmental Commission may be asked for its advice and recommendations on any application before the Planning Board and shall be consulted in any proposed action for a regulated activity under this article that requires a draft environmental impact statement.
[Adopted 1-2-2020 by L.L. No. 1-2020]
Effective January 1, 2020, the use of any ice-retardant device, mechanism, (de-icer, bubbler or aerator) or chemical within the entire Lake Oscawana water body is completely and totally banned for use.
Anyone failing to comply with this law will be levied a $1,000 fine and face confiscation of the offending device. Subsequent offenses by the same individual or property owner will result in doubling of the preceding fine.